Exam 5 Flashcards
Duties and powers of a police officer what are those duties and powers
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
Compliant definition
Affidavit made before the magistrate or district or county attorney
Indictment definition
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
Arrest definition
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
When is the search of a vehicle permissible, and consent or reasonable suspicion
Carol doctrine. Warrantless search of a readily mobile motor vehicle with probable cause
When was Texas a free and independent republic
1836
Who created Texas rangers
Stephen F. Austin
After what battle did Texas become a free and independent republic
Battle of San Jacinto
misdemeanor definition
an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail.
Omission definition
failure to act
Intoxication definition
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
545.156-What is a vehicle approached by authorized emergency vehicle supposed to do?
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.
Operator definition
a person who drives and has physical control of a vehicle.
Police officer definition
An officer authorized to direct traffic or arrest persons who violate the traffic regulations
Traffic definition and examples
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
Can a person younger than 18 years of age be allowed to operate a motor vehicle on a highway
No
Is a driver allowed to pass on the right
Yes. Conditions permit safely passing another vehicle, vehicle.
• 545.365-Who is exempted from speed limit emergencies
An authorized emergency vehicle responding to a call , police , physician responding or ambulance.
546.001- what is permissible conduct for emergency vehicles
operating an authorized emergancy vehicle, park and stand, irrespective of another provision
• 545.412-Child passenger safety seat requirements
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.
• 545.414-Age requirements for child riding in open bed of a truck
18
545.421-Fleeing or attempting to elude police officer punishments
Class B Misdemeanor
• 545.424-Requirements for a licensed driver under the age of 18
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.
• 521.457- what level of offense is the first violation for driving while license invalid
Class C Misdemeanor
• 521.458- what is the title of allowing an unlicensed driver to operate a motor vehicle **
Permitting unauthorized person to drive
• 545.066-Passing a school bus punishment
A misdemeanor punishable by a fine of not less than $500 or more than $1,250
• 547.321- How many headlights are vehicles required to have
2
• 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?
38.04 Evading arrest or detention
• 547.322- How many taillights does a vehicle manufactured before 1960 required to have?
At least 1 tail lamp
• 601.191- What is the punishment for operating a motor vehicle in violation of motor vehicle liability insurance requirement?
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.
• 545.302- how many feet can you park for a fire hydrant?
15ft
• 545.251- how close can a vehicle operator stop to a railroad crossing
50 ft
• 663.037- can anyone with a valid drivers license operator an ATV on a public roadway?
Yes
• 663.037- can a peace officer with a valid driver’s license operate an ATV on a public roadway?
Yes
• 681.002- what colors are disabled parking permits?
White on a blue shield , white on a red shield.
• 545.408- when can a person legally drive over a fire hose?
With the consent of the fire department official in command.
• 545.404- when can an operator leave a vehicle unattended while running?
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.
• What does a “no passing” zone prohibit?
Prohibits you passing to the left on a two lane highway
• 541.201- examples of authorized emergency vehicles
Fire department vehicle , police vehicle , public or private ambulance ,
• BPOC 9.3.1- what are common traffic incidents?
Crashes, Road maintenance, broken down raffia devices.
• BPOC 9.3.1- what are the factors to expedite movement and to relieve congestion?
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
• BPOC 9.3.1- should officers limit the amount of flashing lights to keep people from being distracted?
Yes
• 550.022- what level of offense is it to leave the scene of a traffic accident causing $500 in damage and not exchange information?
Class B Misdemeanor
• 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?
2 nd degree felony
• 550.061- do all traffic accidents require a police report?
No only when damage is over $1,000
• 550.062- how many days does a peace officer have to file their traffic accident report?
No later than the 10 day of the accident.
• BPOC 9.2.2- what are the procedures for responding to a traffic accident?
-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
• 600.001- who is responsible for removing debris from the roadway on a traffic accident scene?
Tow operator , person who removes damaged the wrecked or damaged vehicle
• BPOC 9.2.3- physical obstruction or environmental conditions that contribute to a traffic accident?
Physical conditions of roadway , debris on roadway, weather and nighttime
• BPOC 9.2.4- what physical evidence is available to be collected at an accident investigation?
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
• BPOC 9.2.4- what factors contribute to a vehicular accident?
Speed, fail to yield right pf way, improper turnning movement, faulty equipment, weather conditions and driver conditions
PC 15.01-criminal attempt definition
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.
PC 16.01- criminal instrument definition and uses
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.
PC 31.03- theft definition
A person commits an offense if he unlawfully appropriates property with intent to divide divide the owner of property ( State jail felony )
PC 31.03- theft of copper
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
Theft of a firearm
State jail felony if the property still in is a fire arm as defined in section 46.01
PC 31.03- offense code of theft of $10,000 from an ATM
3rd Degree felony
19.03 (a) (2)- capital murder elements of the offense
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
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
No
PC 38.151- Is it an offense to intentionally throw something at a police k-9
Yes
PC 39.03- Official Oppression elements of the offense
Intentionally subjects another to mistreatment intentionally denies or impedes
PC 31.03- taking a purse from an elderly person with no physical force is what offense
Aggravated Robbery because it’s an elderly person
PC 46.041- What offense is committed if a previously convicted felon is found wearing a bulletproof vest
3rd degree felony
PC 30.02- Burglary definition
Person commits an offense if, without the effective consent of the owner
PC 38.04- what offense has been committed if you flee from an officer trying to speak to you but not detain you
Class A misdemeanor
PC 30.04- what offense has been committed by stealing items from the back of a truck bed
Class C misdemeanor
PC 22.01- what is the offense that has been committed by first time offense involving a bruise on her arm
Class A misdemeanor
30.03 (a) (2)- breaking into a detached garage and breaking into a vehicle located in that garage is what offense
Burglary
PC 32.31- Credit card abuse definition
Using a card without consent from the card holder
PC 36.06- Obstruction or retaliation definition
Person intentionally or knowingly harms or threatens to harm another by an unlawful act
PC 22.10- what age can you leave a child in a vehicle unattended for longer than 5 minutes
14 years. (anyone younger than that class A misdemeanor)
PC 21.06- is homosexual conduct an offense, and if so is it enforceable
No but it’s been deemed unconstitutional.
PC 21.07- Public lewdness definition
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)
PC 1.07- Individual definition
Human being who is alive including unborn child at every stage of fertilization til birth
PC 19.05- Manslaughter definition
Offense if he recklessly cause the death of an individual ( felony of 2nd degree)
PC 28.08- What offense level is committed for spraying graffiti on a church
State jail felony
PC 31.04- How many days to you have to return an item from a rental agreement after receiving the demand letter
10 days
PC 46.13- What offense has been committed if you leave a firearm available and one child shoots another
Class A misdemeanor
PC 43.25- Age range for sexual performance by a child
Younger than 18 year
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)
It’s the the Romeo clause, it’s not a crime if it’s within 3 years of being 18
PC 42.01- Disorderly conduct definition
Offense if he intentionally or knowingly. unruly behavior constituting a minor offense.
19.02- murder elements of the offense
Intentionally or knowingly cause death, intents to cause serious bodily injury, commits or attempts to commit a felony, other than manslaughter
5.045- stand by assistance liability
Discretion of peace officer, the officer may stay with victim of a family violence to protect the victim
14.01- when may an officer arrest without a warrant for an offense committed in their presence
If offenses is one classed as a felony or as an offense against the public peace
5.05- Is an officer required to make a report for family violence
yes
14.03- What can an officer arrest for without a warrant found under suspicious places and circumstances
Probable cause
15.26- Is an officer immediately required to show an arrest warrant to the arrestee
no
Where can an officer look with a search warrant for a stolen vehicle, can the officer look in a drawer for a stolen vehicle
No
18.03- does an arrest warrant and a search warrant have to be separate or can they be in the same warrant paperwork
No, they can be in the same warrant
Can a magistrate order an officer to arrest a person for any offense committed in the magistrate’s presence
yes
Does an arrest warrant from a mayor of an incorporated city extend to every part of the state
NO
Misdemeanor statute of limitations
- 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
Arrest warrant definition
An affidavit made before the magistrate to take someone into custody
14.031- if an arrest is made for public intoxication, does the officer have to take the person to jail
No, they can release to an adult, or take the sober facility
Family Code 51.01-Party definition
The state, a child who is the subject of proceeding under this subtitle (spouse, guardian, child’s parents)
Family Code 51.03-Delinquent conduct definition and examples
Conduct, other than a traffic offense that violates a penal law
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
Yes
Family Code 261.109-What is the offense for someone failing to report physical abuse of a child
Class A misdemeanor
BPOC 23.2.1(Critical thinking definition)
Intellectually disciplined process of actively and skillfully conceptualizing, applying, analyzing, synthesizing, and/or evaluating information
BPOC 23.2.2(Community policing definition)
Policing is policing philosophy that promotes and supports organizational strategies to address the cause and reduce the fear of crime
BPOC 23.2.6(SARA model stands for?)
Scanning, analysis, response, assessment
Offical opperessionelements of the offense
intentionally subjects another to misrreatment intentionally denies or impdes
(PC 31.03) Taking a purse from an elderly person with no physical force is what offense ?
Aggravated robbery
What offense is committed if a previously convicted felon is found wearing a bullet proof vest
3rd Degree Felony
Bugulary Definition
Person commits an offense if without the effective consent of the owner
What offense has been committed if you flee from an officer trying to speak to you but not detain you
Class A Misdemeanor
What offense has been committed by stealing items from the bed of a truck
Class A Mideameanor
What is the offense that has been committed bt first time offense involving a bruise on her arm
Class A Misdemeanor
Breaking into a detached garage and breaking into a vehicle located in a vehicle located in that garage is wha offense
Burglary
Credit Card abuse
Using a credit card without the pwners concent
Obstruction or relalition
Person intintionally or knowingly harms or threatens harm another by an unlawful act
What age can you leave a child in a vehicle unattended for longer than 5 minutes
14 Years any one younger than that is a class A misdemeanor
Is homosexual conduct an offense, and if so is it enforcable ?
If he engages in deviate intercourse with another individual of the same sex ( Class C Misdemeanor )
Public lewdness defenition
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
Individual Definition
Human being who is alive including unborn child at every stage of fertilization til birth
Manslaughter definition
Offense if he recklessly cause the death of an individual (Felony of the 2nd degree )
What offense level is committed for spraying graffiti on a church
State Jail Felony
How many days do you have to retuen an item from a rental agreement after reciving agreement and reciving demand letter ?
10 Days
What offense has been committed if you leave a firearm avaible and one child shoots snother ?
Class A Misdemeanor
Age range for sexual performance by a child
Younger than 18
PC 42.01 Disorderly conduct
unruly behavior constituting a minor offense.
19.02 Murder elements f the offense
Intentionally or knowingly cause death intents to cause serious bolidly injury commits or attempts to commit a felony other than manslaughter
