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.BPOC > Exam 5 > Flashcards

Exam 5 Flashcards

1
Q

Duties and powers of a police officer what are those duties and powers

A 
Interfere with a warrant 
Execute all lawful processes 
Give notice to the magistrate of all offenses committed within his jurisdiction 
Execute all lawful processes 
Arrest without warrant
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2
Q

Compliant definition

A

Affidavit made before the magistrate or district or county attorney

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3
Q

Indictment definition

A

Written statement of a grand jury accusing a person therein named of some act or omission, which, by law, is declared to be an offense

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4
Q

Arrest definition

A

A person is arrested when he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arrested without a warrant

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5
Q

When is the search of a vehicle permissible, and consent or reasonable suspicion

A

Carol doctrine. Warrantless search of a readily mobile motor vehicle with probable cause

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6
Q

When was Texas a free and independent republic

A

1836

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7
Q

Who created Texas rangers

A

Stephen F. Austin

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8
Q

After what battle did Texas become a free and independent republic

A

Battle of San Jacinto

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9
Q

misdemeanor definition

A

an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail.

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10
Q

Omission definition

A

failure to act

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11
Q

Intoxication definition

A

A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body;  or
(B) having an alcohol concentration of 0.08 or more

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12
Q

545.156-What is a vehicle approached by authorized emergency vehicle supposed to do?

A

Yield to the right of way , immediately drive to a position parallel to and as close as possible to the right hand edge or curb of the roadway clear of any intersection. Stop and remain standing until the emergency vehicle has passed.

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13
Q

Operator definition

A

a person who drives and has physical control of a vehicle.

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14
Q

Police officer definition

A

An officer authorized to direct traffic or arrest persons who violate the traffic regulations

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15
Q

Traffic definition and examples

A

Traffic means pedestrians, ridden or herded animals, and conveyances, including vehicles and streetcars, singly or together while using a highway for the purpose of travel

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16
Q

Can a person younger than 18 years of age be allowed to operate a motor vehicle on a highway

A

No

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17
Q

Is a driver allowed to pass on the right

A

Yes. Conditions permit safely passing another vehicle, vehicle.

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18
Q

• 545.365-Who is exempted from speed limit emergencies

A

An authorized emergency vehicle responding to a call , police , physician responding or ambulance.

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19
Q

546.001- what is permissible conduct for emergency vehicles

A

operating an authorized emergancy vehicle, park and stand, irrespective of another provision

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20
Q

• 545.412-Child passenger safety seat requirements

A

Any child younger then 8 years of age unless the child is taller then 4ft 9in, child safety seat must meet federal standards for crash tested restraints by the national highway traffic safety administration.

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21
Q

• 545.414-Age requirements for child riding in open bed of a truck

A

18

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22
Q

545.421-Fleeing or attempting to elude police officer punishments

A

Class B Misdemeanor

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23
Q

• 545.424-Requirements for a licensed driver under the age of 18

A

May not operate vehicle while using a wireless device except in emergencies, with more than one passenger thats under 21 years of age unless its a family member. may not operate after midnight or before 5am, unless its used for school , employment or emergencies.

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24
Q

• 521.457- what level of offense is the first violation for driving while license invalid

A

Class C Misdemeanor

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25
Q

• 521.458- what is the title of allowing an unlicensed driver to operate a motor vehicle **

A

Permitting unauthorized person to drive

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26
Q

• 545.066-Passing a school bus punishment

A

A misdemeanor punishable by a fine of not less than $500 or more than $1,250

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27
Q

• 547.321- How many headlights are vehicles required to have

A

2

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28
Q

• Which charge is better to file PC 38.04 evading arrest or detention or TC 545.421 fleeing or attempting to elude a police officer?

A

38.04 Evading arrest or detention

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29
Q

• 547.322- How many taillights does a vehicle manufactured before 1960 required to have?

A

At least 1 tail lamp

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30
Q

• 601.191- What is the punishment for operating a motor vehicle in violation of motor vehicle liability insurance requirement?

A

A misdemeanor punishable by a fine of not less then $175 or more than $350. If you have insurance but if the officer cannot verify it you will be issued a citation.

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31
Q

• 545.302- how many feet can you park for a fire hydrant?

A

15ft

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32
Q

• 545.251- how close can a vehicle operator stop to a railroad crossing

A

50 ft

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33
Q

• 663.037- can anyone with a valid drivers license operator an ATV on a public roadway?

A

Yes

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34
Q

• 663.037- can a peace officer with a valid driver’s license operate an ATV on a public roadway?

A

Yes

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35
Q

• 681.002- what colors are disabled parking permits?

A

White on a blue shield , white on a red shield.

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36
Q

• 545.408- when can a person legally drive over a fire hose?

A

With the consent of the fire department official in command.

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37
Q

• 545.404- when can an operator leave a vehicle unattended while running?

A

When the vehicle is started by remote start , if the vehicle requires the key to be places in the ignition or to be physically present in vehicle.

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38
Q

• What does a “no passing” zone prohibit?

A

Prohibits you passing to the left on a two lane highway

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39
Q

• 541.201- examples of authorized emergency vehicles

A

Fire department vehicle , police vehicle , public or private ambulance ,

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40
Q

• BPOC 9.3.1- what are common traffic incidents?

A

Crashes, Road maintenance, broken down raffia devices.

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41
Q

• BPOC 9.3.1- what are the factors to expedite movement and to relieve congestion?

A

Asses amount of length of traffic time traffic control… Availability of traffic control material, availability and complexity of an alternate route capable of handling flow… proximity of schools, business, or other traffic generators

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42
Q

• BPOC 9.3.1- should officers limit the amount of flashing lights to keep people from being distracted?

A

Yes

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43
Q

• 550.022- what level of offense is it to leave the scene of a traffic accident causing $500 in damage and not exchange information?

A

Class B Misdemeanor

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44
Q

• 550.021- what level of offense is it if you cause a death in a traffic accident and do not render aid or provide your information?

A

2 nd degree felony

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45
Q

• 550.061- do all traffic accidents require a police report?

A

No only when damage is over $1,000

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46
Q

• 550.062- how many days does a peace officer have to file their traffic accident report?

A

No later than the 10 day of the accident.

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47
Q

• BPOC 9.2.2- what are the procedures for responding to a traffic accident?

A

-Plan route of approach, position patrol unit to protect accident scene and prevent further damage, set priorities for action at the accident scene, evaluate scene to determine severity to determine severity of accident by considering number of vehicles

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48
Q

• 600.001- who is responsible for removing debris from the roadway on a traffic accident scene?

A

Tow operator , person who removes damaged the wrecked or damaged vehicle

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49
Q

• BPOC 9.2.3- physical obstruction or environmental conditions that contribute to a traffic accident?

A

Physical conditions of roadway , debris on roadway, weather and nighttime

50
Q

• BPOC 9.2.4- what physical evidence is available to be collected at an accident investigation?

A

Tire tread patterns , scuff marks, gouge marks on roadway on other property, paint flakes paint on victims vehicle or clothing from suspect vehicle hit and run, vehicle fluids

51
Q

• BPOC 9.2.4- what factors contribute to a vehicular accident?

A

Speed, fail to yield right pf way, improper turnning movement, faulty equipment, weather conditions and driver conditions

52
Q

PC 15.01-criminal attempt definition

A

A person commits an offense if, with specific intent to commit an offense, he does an amounting to more than mere preparation that turns but fails to affect the commission of the offense intended.

53
Q

PC 16.01- criminal instrument definition and uses

A

Anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adopted for use in the commission of an offense.

54
Q

PC 31.03- theft definition

A

A person commits an offense if he unlawfully appropriates property with intent to divide divide the owner of property ( State jail felony )

55
Q

PC 31.03- theft of copper

A

State jail felony if the value of the property stolen it’s less than $20,000 and the property stolen is aluminum bronze copper or brass

56
Q

Theft of a firearm

A

State jail felony if the property still in is a fire arm as defined in section 46.01

57
Q

PC 31.03- offense code of theft of $10,000 from an ATM

A

3rd Degree felony

58
Q

19.03 (a) (2)- capital murder elements of the offense

A

The person intentionally commit the murder in the course of committing or attempting to commit to kidnapping, burglary, robbery, aggravated sexual assault, arson, a suction or retaliation, or terroristic threat under section 22.07

59
Q

PC 38.02- Is it an offense if a uniformed officer attempts to engage citizen in conversation and the citizen refuses to speak or identify themselves

A

No

60
Q

PC 38.151- Is it an offense to intentionally throw something at a police k-9

A

Yes

61
Q

PC 39.03- Official Oppression elements of the offense

A

Intentionally subjects another to mistreatment intentionally denies or impedes

62
Q

PC 31.03- taking a purse from an elderly person with no physical force is what offense

A

Aggravated Robbery because it’s an elderly person

63
Q

PC 46.041- What offense is committed if a previously convicted felon is found wearing a bulletproof vest

A

3rd degree felony

64
Q

PC 30.02- Burglary definition

A

Person commits an offense if, without the effective consent of the owner

65
Q

PC 38.04- what offense has been committed if you flee from an officer trying to speak to you but not detain you

A

Class A misdemeanor

66
Q

PC 30.04- what offense has been committed by stealing items from the back of a truck bed

A

Class C misdemeanor

67
Q

PC 22.01- what is the offense that has been committed by first time offense involving a bruise on her arm

A

Class A misdemeanor

68
Q

30.03 (a) (2)- breaking into a detached garage and breaking into a vehicle located in that garage is what offense

A

Burglary

69
Q

PC 32.31- Credit card abuse definition

A

Using a card without consent from the card holder

70
Q

PC 36.06- Obstruction or retaliation definition

A

Person intentionally or knowingly harms or threatens to harm another by an unlawful act

71
Q

PC 22.10- what age can you leave a child in a vehicle unattended for longer than 5 minutes

A

14 years. (anyone younger than that class A misdemeanor)

72
Q

PC 21.06- is homosexual conduct an offense, and if so is it enforceable

A

No but it’s been deemed unconstitutional.

73
Q

PC 21.07- Public lewdness definition

A

Person knowingly engage in any of the following acts in a public place or if NOT in public places, reckless about weather another is present who will be offended or alarmed by the person (sexual intercourse, deviate sexual intercourse, or sexual contact) (Class A misdemeanor)

74
Q

PC 1.07- Individual definition

A

Human being who is alive including unborn child at every stage of fertilization til birth

75
Q

PC 19.05- Manslaughter definition

A

Offense if he recklessly cause the death of an individual ( felony of 2nd degree)

76
Q

PC 28.08- What offense level is committed for spraying graffiti on a church

A

State jail felony

77
Q

PC 31.04- How many days to you have to return an item from a rental agreement after receiving the demand letter

A

10 days

78
Q

PC 46.13- What offense has been committed if you leave a firearm available and one child shoots another

A

Class A misdemeanor

79
Q

PC 43.25- Age range for sexual performance by a child

A

Younger than 18 year

80
Q

PC 21.011- What offense is committed if any for a consensual sexual relationship with someone within two years of age under 18(example 18 having a relationship with a 16 year old)

A

It’s the the Romeo clause, it’s not a crime if it’s within 3 years of being 18

81
Q

PC 42.01- Disorderly conduct definition

A

Offense if he intentionally or knowingly. unruly behavior constituting a minor offense.

82
Q

19.02- murder elements of the offense

A

Intentionally or knowingly cause death, intents to cause serious bodily injury, commits or attempts to commit a felony, other than manslaughter​

83
Q

5.045- stand by assistance liability

A

Discretion of peace officer, the officer may stay with victim of a family violence to protect the victim

84
Q

14.01- when may an officer arrest without a warrant for an offense committed in their presence

A

If offenses is one classed as a felony or as an offense against the public peace

85
Q

5.05- Is an officer required to make a report for family violence

A

yes

86
Q

14.03- What can an officer arrest for without a warrant found under suspicious places and circumstances

A

Probable cause

87
Q

15.26- Is an officer immediately required to show an arrest warrant to the arrestee

A

no

88
Q

Where can an officer look with a search warrant for a stolen vehicle, can the officer look in a drawer for a stolen vehicle

A

No

89
Q

18.03- does an arrest warrant and a search warrant have to be separate or can they be in the same warrant paperwork

A

No, they can be in the same warrant

90
Q

Can a magistrate order an officer to arrest a person for any offense committed in the magistrate’s presence

A

yes

91
Q

Does an arrest warrant from a mayor of an incorporated city extend to every part of the state

A

NO

92
Q

Misdemeanor statute of limitations

A
  • An indictment or information for any class A or class B misdemeanor may be presented within two years from the date of commission of the offense, and not afterward
  • An complaint or information for a class C misdemeanor may be presented within two years from the date of commission of the offense, and not afterward
93
Q

Arrest warrant definition

A

An affidavit made before the magistrate to take someone into custody

94
Q

14.031- if an arrest is made for public intoxication, does the officer have to take the person to jail

A

No, they can release to an adult, or take the sober facility

95
Q

Family Code 51.01-Party definition

A

The state, a child who is the subject of proceeding under this subtitle (spouse, guardian, child’s parents)

96
Q

Family Code 51.03-Delinquent conduct definition and examples

A

Conduct, other than a traffic offense that violates a penal law

97
Q

Family Code 262.003-Can a person take possession of a child without a court order if it is believed there is immediate danger to the child

A

Yes

98
Q

Family Code 261.109-What is the offense for someone failing to report physical abuse of a child

A

Class A misdemeanor

99
Q

BPOC 23.2.1​​(Critical thinking definition)

A

Intellectually disciplined process of actively and skillfully conceptualizing, applying, analyzing, synthesizing, and/or evaluating information

100
Q

BPOC 23.2.2​​(Community policing definition)

A

Policing is policing philosophy that promotes and supports organizational strategies to address the cause and reduce the fear of crime

101
Q

BPOC 23.2.6​​(SARA model stands for?)

A

Scanning, analysis, response, assessment

102
Q

Offical opperessionelements of the offense

A

intentionally subjects another to misrreatment intentionally denies or impdes

103
Q

(PC 31.03) Taking a purse from an elderly person with no physical force is what offense ?

A

Aggravated robbery

104
Q

What offense is committed if a previously convicted felon is found wearing a bullet proof vest

A

3rd Degree Felony

105
Q

Bugulary Definition

A

Person commits an offense if without the effective consent of the owner

106
Q

What offense has been committed if you flee from an officer trying to speak to you but not detain you

A

Class A Misdemeanor

107
Q

What offense has been committed by stealing items from the bed of a truck

A

Class A Mideameanor

108
Q

What is the offense that has been committed bt first time offense involving a bruise on her arm

A

Class A Misdemeanor

109
Q

Breaking into a detached garage and breaking into a vehicle located in a vehicle located in that garage is wha offense

A

Burglary

110
Q

Credit Card abuse

A

Using a credit card without the pwners concent

111
Q

Obstruction or relalition

A

Person intintionally or knowingly harms or threatens harm another by an unlawful act

112
Q

What age can you leave a child in a vehicle unattended for longer than 5 minutes

A

14 Years any one younger than that is a class A misdemeanor

113
Q

Is homosexual conduct an offense, and if so is it enforcable ?

A

If he engages in deviate intercourse with another individual of the same sex ( Class C Misdemeanor )

114
Q

Public lewdness defenition

A

Person knowingly engage in any of the following acts in a public place oro if not in public places reckless about weather another is present who will be offended or alarmed by the person. Class A misdeamenor

115
Q

Individual Definition

A

Human being who is alive including unborn child at every stage of fertilization til birth

116
Q

Manslaughter definition

A

Offense if he recklessly cause the death of an individual (Felony of the 2nd degree )

117
Q

What offense level is committed for spraying graffiti on a church

A

State Jail Felony

118
Q

How many days do you have to retuen an item from a rental agreement after reciving agreement and reciving demand letter ?

A

10 Days

119
Q

What offense has been committed if you leave a firearm avaible and one child shoots snother ?

A

Class A Misdemeanor

120
Q

Age range for sexual performance by a child

A

Younger than 18

121
Q

PC 42.01 Disorderly conduct

A

unruly behavior constituting a minor offense.

122
Q

19.02 Murder elements f the offense

A

Intentionally or knowingly cause death intents to cause serious bolidly injury commits or attempts to commit a felony other than manslaughter

.BPOC (17 decks)

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