Exam 7 Flashcards
Define Operator
A person who drives or has physical control of the vehicle.
General penalty for a traffic offense what is the maximum fine ?
No jail time fines not to exceed $200*
Is the operator of a motor vehicle ever allowed to pass on the right ?
Yes the vehicle being passed is making or about to make a left turn
Number of whistle blast for traffic direction to stop?
One loud blast
What color of lights should show to the back of the motor vehicle ?
Red or amber; Something in between
When should a traffic control device not be enforced?
is not in the proper position and sufficiently legible to an ordinarily observant person
Common traffic incidents. (( T C , S , M , D V , H ))
Traffic crashes, Spilled cargo, Maintenance, Disabled vehicles, HWY
How close should a driver following an ambulance displaying emergency lights?
500 Ft
A driver may not drive at a speed that is G….. and P…… under existing circumstances
Greater than is reasonable and prudent under hazard conditions like iced roads
To avoid following too closely an operator shall maintain what between vehicles ?
Assured clear distance between two vehicles
Should an officer minimize the use of flashing lights when using an emergancy vehicle as a barrier while directing traffic ?
Yes, the gaze is more difficult for drivers who are fatigued, under the influence of alcohol or drugs, or who are aged. people drive where they look. make sure directional arrows are consistent with cone/ flare patterns and other emergency vehicles.
When may an operator proceed past a school bus that is stopped on the roadway to receive or discharge children
A physical barrier concrete barrier
What is a driver required to do if an emergency vehicle is stopped on the right shoulder?
Vacate lanes closest to the vehicle with two or more lanes; slow speed - 20 mph then the posted speed limit is 25 mph or more- 5 mph if posted speed limit is less than 25
What is a driver required to do if an emergency vehicle is stopped on the right shoulder?
Vacate lane closest to the vehicle w/two or more lanes; slow speed – 20 mph than the posted speed limit if the posted limit is 25 mph or more; 5 mph if posted speed limit is less than 25 mph
Motorcycle definition TC541.201
Motor vehicle, that is equipped w/a rider’s saddle and designed to have not more than 3 wheels on the ground
Passenger Car definition
Motor Vehicle used to transport persons, to accommodate 10 or fewer passengers including operator
Daytime definition
One half hour prior to sunrise and a half hour after sunset
How many feet is a driver required to signal before turning?
100 FT
Stand Definition
Means to halt an occupied or unoccupied vehicle other than temporarily receiving or discharging passengers
Shall a person refusing to sign a traffic violation citation be taken immediately before a magistrate?
Yes; Whether the person refuses to sign a citation or demands to see the magistrate, the person must be taken before the magistrate
How many days after the issuance of the citation is the notice to appear in court?
10 days after the date of arrest
How close can you pass before a bridge?
100 ft
Are there limitations to driving on an improved shoulder?
Yes; Stop/Stand/Park; to accelerate before entering lane of traffic; to decelerate to turn Right; to pass another vehicle that is slowing or stopped or preparing to make a Left turn; allow vehicle to pass; traffic control device advising direction; to avoid collision
What is the proper following distance in the TC for an operator between vehicles?
Assured clear distance between the two to stop w/colliding; allow to pass
Are you required to stop for a school bus that is on a different road way?
No, only if there is no physical barrier on the roadway
What designation is a misdemeanor in the PC specification as a punishment or category?
Class C misdemeanor if it doesn’t specify
PC 12.04- what designation is a felony in the Penal Code without specification as to punishment or category?
State jail felony if it doesn’t specify .. if it doesnt specify its going to be the lowest class of its vharge
Class A misdemeanor punishment
Not to exceed one year jail time; and $4,000 fine
PC 12.22 Class B Misdemeanor punishment
Not to exceed 180 days Jail Time; and $2,000 fine
PC 12.31 capital felony punishment
Death , life / life without parol if over 18
PC 12.32 1st Degree felony punishment
5 to 99 years jail time; life with parole; not to exceed $10,000 fine
PC 12.33 2nd Degree felony fine
$10,000 fine all felony fines are 10K 2-20 years
PC 28.03 Class C Misdemeanor Criminal mischief
Less than $100
PC 15.01 Criminal attempt
Class A Misdemeanor. a person commits offense if with specific intent to commit an offense; does an act amounting to more than mirror preparation that tens but fails to affect the commission of the offense intended
PC 31.03 Elements of theft
Unlawfully appropriate’s property with intent to deprive the owner of property; contained in stolen property is also “unlawful appropriation”
PC 28.03 Class A Criminal mischief
$750-$2500; interruption of any public water supply or causes to be deprived and whole; removal of device re: water supply regardless of pecuniary loss
PC 30. Auto burglary definition/elements
Without affective consent of the owner; enters have a habitation/building not open to the public with intent to commit a felony, theft, or a aslt; remains concealed with intent to commit a felony, theft, or aslt
PC 30.05 Criminal trespass of habitation
Class A Misdemeanor
PC 31.07 UUMV Unathrozed use of a motor vehicle definition/elements
State Jail Felony. Use without consent – operate boat, airplane, or motor propelled vehicle
PC 46.04 Convicted felon owning a firearm
Fifth anniversary of the felons release
PC 31.09 In what offense can the elements of aggregated or added together
Theft
PC 29.03- what is the factors that make robbery into aggravated robbery?
Serious Bodily Injury or threat of elderly/disabled weapons
PC 28.03 3rd Degree Felony criminal mischief
$30,000 to $150,000; discharging firearms which cause one or more head of cattle/bison/horses to be killed
PC 46.06 Crime to loan someone a fire arm to commit a crime
Unlawful transfer of certain weapons Class A Misdemeanor
CCP 2.09 Magistrate
All judges or magistrate, but not all magistrate our judges. Mayors and recorders are magistrate, but not judges
CCP 2.12 Peace officers
Federal Cops are Not considered to be police but ; Sheriffs, deputies, constables, Texas rangers are
CCP 2.13 Duties of a peace officer
Preserve the peace within their jurisdiction; interfere without warrant to prevent suppressed crime; execute all lawful process issued by magistrate/court; give notice to magistrate or offenses committed within their jurisdiction
CCP 2.27 Duty if someone makes a threat of death or serious harm to a Juvenile
Show investigate and notify Department of family and protective services after receipt of a report a joint investigation will be conducted within 24 hours
CCP 4.01 Courts criminal jurisdiction
Court of criminal appeals court of appeals justice court criminal District Court County Court District Court Municipal Court
FC 51.01 What is the purpose for Title 3 of the Juvenile Justice Code ?
To provide protection of the public and public safety
FC 51.02- Title 3 defines a child as?
A person who is 10 years or older and under 17 years of age. 18 if the child has been involved in delinquent conduct indicating a need for supervisionbeacause of acts committed before turning 17.
FC 51.03- Delinquent code definition?
Conduct, other than a traffic offense, that violates a penal law of this state or us punishable by imprisonment , conduct that violates a lawful order of a court under circumstances that would consistute contempt of that court
FC 51.09- who can waive a child’s rights?
Voluntary by the child and the attorney for the child
FC 51.12- can juvenile be detained near adult offenders?
No, Seperate by sight and sound throughout the facility
FC 51.095- who cannot be present when a child signs a statement of presence of a magistrate?
Police and attorney
BPOC 14.3.2- what problems are associated with juvenile gang activities?
Conditions for juvenille gang existence, Name identification of leadership, Geographic turf, Drug involvment, Delinquent activity
BPOC 21.3.3- Should an officer use the police radio to broadcast lengthy and detailed descriptions?
No
BPOC 21- pronunciation of “G”, “I”, “N”. “T”
George, Ida, Nora, Tom
BPOC 15.1.2- is written communications used as a factor in officer competence?
YES, Written communication is one of the factors to evaluate competency of a peace officer
BPOC 15.3.5- three basic kinds of information necessary for a police report?
Identification, Narrative, Elements of the offense or probasble cause
BPOC 15.3.2-what are the 8 essential criteria for a good police report?
Accuracy, Conciseness, Completness, clarity, Legibility, Objectivity, Grammaticalyy, Correct spelling
Article 59.03- when can property be seized without a warrant?
Consents, Incident to search, Subject to prior judgment, Lawful arrest
Article 4.01- what is the jurisdiction of county court?
Misdemeanor court, appeals for the minicipal/Justice/JP Court
Article 4.14- what are municipal court criminal cases punishable by?
Fines only 2K fire, safety, public health, and sanitation, 4K Dumping of refuse, 500 all other violations
May an officer engage in racial profiling
No
What is a police officer requiring to report to his agency for racial profiling ?
Race and ethnicity, as best to the officers ability
What may an officer arrest for when committed in there precense ?
An offense committted in plain view or warrant
What may a judge request an arrest be made for
felony or breach of peace
What is an officer required to do when answering a call that may involve family violence ?
Write a report , names of suspects, injuries, incident, statments, suspect a member of military, protective order
Duties of peace officer ?
To prevent harm to the person threatnend, injury to himself or property, may also ask citizens of his county to aid in preventing any and all injuries if necessary
Arrest warrants extend to every part of the state except one signed by who ?
Incorporated city or town
When may an officer arrest without a warrant?
Probable cause to belive that a felony or breach of peace may have occured threatned to commit or about to committ
Does it allow a temporary seizure of a person for suspicion of criminal activity?
Yes; search for weapons and conversation to confirm reasonable suspicion
Arrest definition
Take persons into custody for purposes of charging them with a crime based on a officers establishment of probable cause.
What is frisk used to detect?
Weapons
Exigent circumstances definition
There are several categories of situations that have been identified as exigent circumstances (e.g. An emergency requiring immediate medical or police assistance, the imminent destruction of evidence that is easily lost or destroyed, the presence of dangerous weapons or instrumentalities, and the community care taking doctrine.)
Who created the Texas Rangers?
Stephen F. Austin 1823
In which era did patrol system become incident driven?
1950-1970
What did the entire system of criminal justice begin to experience as American policing begin to grow in large cities?
Corruption-northeastern
What is genuine health or wellness?
A persons health/disease status and risk potential, ranging from death -optimum well-being. Not just the absence of disease, but is a state of positive well being (positive lifestyle, behavioral health, balancing physical/mental/spiritual
Wellness definition
A persons health/disease status and risk potential, ranging from death-optimum well-being wellness goes beyond performance;a person can be physically fit but not well
What are the foundation block of the wellness pyramid?
Self responsibility and stress management
What are the stress related disorders?
Alcoholism; divorce; suicide
What is LE as a profession health profile?
POOR; like other Americans-cardiovascular disease is the number one cause if death. Money,time, and training are not always allocated proportionally
When is the threat of cause of force justified?
When there is a threat to cause death or SBI by a weapon or otherwise.
Force definition
Power dynamically considered, that is, in motion or in action; constraining power;compulsion;strength directed to an end
If you ask someone to assault you does that give you the right to self-defense?
No; self defense actor reasonably believes the force is immediately necessary to protect him/herself against another person’s use/attempted use of unlawful force( to enter or remove actor from habitation/vehicle/places of employment; to commit sexual assault /agg. Sex, Assault/robbery/agg.robbery/murder)
Are you required to retreat before using justified force?
No;
Is deadly force justified in preventing sexual assault,kidnapping, criminal mischief at night
Yes
Is a peace officer justified in using deadly force to effect an arrest for disorderly conduct?
No
Can a parent use deadly force against their child to ensure a child’s welfare?
No; parents can use force,but NOT deadly force, on a child younger than 18 for welfare
Can a grandparent use force, but not deadly force to insure a child’s welfare?
Yes; “in locoparentis” grandparents/guardian can use force, but not deadly force, on a child
What are the 8 essentials criteria for a good police report?
Accuracy;conciseness;completeness;clarity;legibility;objectivity;grammatically;correct spelling
Three basic kinds of information necessary for a police report?
Identification; narrative; elements of the offense or probable cause
Is written communication used as a factor in officer competence?
Written communication is one of the factors to evaluate competency of a peace officer
Should an officer use the police radio to broadcast lengthy and detailed description?
No
