Exam 8 Flashcards
What is the difference between bond and bail ?
Bail is the money a defendant must pay in order to get out of jail. A bond is posted on a defendant’s behalf, usually by a bail bond company, to secure his or her release. … If the defendant fails to appear or violates the conditions of the release, he or she might forfeit the amount paid.
. BPOC 4.3.3- Civil Law definition
That portions of the law which defines the personal and property rights of individuals; the rights of an individual to seek redress or to prevent a wrong; any action other than criminal proceedings
. Article 4.04- Highest appellate court in Texas
TX COURT OF CRIMINAL APPEALS
Habeas Corpus definition
A Writ of Habeas Corpus is the name given to a variety of writs with the objective of bringing a party before a court, or judge.
Article 4.05- Court of original jurisdiction for all misdemeanors involving official misconduct
District courts and criminal district courts shall have original jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct
What is the Texas Criminal Justice System comprised of?
POLICE, COURTS, CORRECTIONS
BPOC 4.3.3- what is the purpose of criminal law
law which for the purpose of preventing harm to society
Where do appeals from justice court go?
COUNTY COURT
Where do appeals from the County court go?
Court Of Appeals
Where do appeals from District Court go?
COURT OF CRIMINAL APPEALS
BPOC 4.3.3- what is a tort?
A CIVIL ACTION
. Which amendment does Duran V City of Douglas, AZ pertain to?
1st AMENDMENT
. Which amendment is the “state’s right amendment?”
TENTH AMENDMENT
Which amendment guarantees the right to a speedy and fair trial
Sixth Amendment
Which amendment prohibits excessive fines or bails?
EIGHTH AMENDMENT
Which amendment prohibits cruel and unusual punishments?
EIGHTH AMENDMENT
Which amendment prohibits unreasonable searches and seizures?
FOURTH AMENDMENT
Which amendment made the Bill of Rights applicable to all states?
14TH
HSC 483.074- How many witness must a peace officer act in the presence of to destroy a dangerous drug?.
The officer and a board member or an officer and another officer..
Before the dangerous drug is destroyed, an inventory of the drug must be prepared. The inventory must be accompanied by a statement that the dangerous drug is being destroyed at the direction of the board, by an employee of the board or an authorized peace officer, and in the presence of another employee of the board or authorized peace officer. The statement must also contain the names of the persons in attendance at the time of destruction, state the capacity in which each of those persons acts, be signed by those persons, and be sworn to by those persons that the statement is correct. The statement shall be filed with the board.
what constitutes possession of marijuana?
a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.
HSC 481.121- How much is required for felony possession of marijuana?
A state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces; 4-5
Possession of 2 ounces or less of marijuana is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000
Possession of between 2 and 4 ounces of marijuana is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.
Possession of between 4 ounces and 5 lbs. of marijuana is a state jail felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.
Possession of between 5 lbs. and 50 lbs. of marijuana is a Third Degree felony, punishable by a mandatory minimum sentence of no less than 2 years imprisonment, a maximum sentence of 10 years imprisonment, and a fine not to exceed $10,000.
Possession of between 50 lbs. and 2,000 lbs of marijuana is a Second Degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.
Possession of more than 2,000 lbs. of marijuana is a Felony, punishable by a mandatory minimum sentence of 5 years, a maximum sentence of 99 years, and a fine of no more than $50,000.
What class of offense is possession of drug paraphernalia?
CLASS C MISDEMEANOR
What class of offense is 2 ounces or less of marijuana?
CLASS B MISDEMEANOR
Possession of 2 ounces or less of marijuana is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000
Possession of between 2 and 4 ounces of marijuana is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.
Possession of between 4 ounces and 5 lbs. of marijuana is a state jail felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.
Possession of between 5 lbs. and 50 lbs. of marijuana is a Third Degree felony, punishable by a mandatory minimum sentence of no less than 2 years imprisonment, a maximum sentence of 10 years imprisonment, and a fine not to exceed $10,000.
Possession of between 50 lbs. and 2,000 lbs of marijuana is a Second Degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.
Possession of more than 2,000 lbs. of marijuana is a Felony, punishable by a mandatory minimum sentence of 5 years, a maximum sentence of 99 years, and a fine of no more than $50,000.
Article 2.13- What are your duties and powers as a peace officer?
EXECUTE ALL LAWFUL PROCESS ISSUED TO THE OFFICER BY ANY MAGISTRATE OR COURT, EXECUTE ALL LAWFUL PROCESS ISSUED, GIVE NOTICE TO SOME MAGISTRATE OF ALL OFFENSES COMMITTED WITHIN THE OFFICERS JURISDICTION, ARREST OFFENDERS WITHOUT WARRANT IN NAY CASE THAT THE OFFICER IS AUTHORIZED BY LAW
Article 2.27- Is an officer required to investigate an allegation made threatening imminent
death of or serious harm to a juvenile?
YES
what courts have criminal jurisdiction?
Courts of criminal appeals, courts of appeals, district courts, criminal district courts, county courts, county criminal courts, justice courts,municiple courts.
when may seizure of property without a warrant be made?
When the owner,operator knowingly consents
what jurisdiction does County court have?
Criminal
What jurisdiction does municipal court have?
Territorial limits of the municipality in all criminal cases
When is a person arrested?
accually placed under restrainted or taken into custody of an officer or person executing a warrant of arrest, or by a person or officer arresting without a warrant
CCP Art 5.045- standby assistance liability
the officer may stay with a victim of family violence. to protect the victim and allow the victim to take the personal property of the victim or of the child in the care of the victim to a place of safety in an orderly manner.
BPOC 26.1.4- types of abuses that occur in incidents of family violence?
Physical Abuse, Sexual Abuse , Emotional Abuse
BPOC 26.1.3- reasons for violence and abuse in cases of family violence?
Victims of family violence have reported that the cycle of violence does not accurately describe their experiences but that the Power and Control Wheel does. It is preferable to use the Power and Control Wheel when discussing the types of behavior that the offender does in order to maintain the power and control in the family.
FC 71.003- family definition
Individuals related by consanguinity or affinity, who are formal spouses of each other, individuals of the parents of the same child, with regard to marriage and a foster child and foster parent without regard to whether those individuals reside together.
FC 71.0021- dating relationship definition
an act other than a devensive measure to protect oneself by an actor that is commited against a victim or applicant for a protective order..
because of the victim’s or applicant’s marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim or applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault.
PC 12.31- Punishment for capital felony
Imprisonment in the TDCJ for life without parole or by death
PC 12.33- Punishment for 2nd degree felony
No more than 20 years or less than 2 years 10K FINE
PC 12.32- Punishment for 1st degree felony
5-99 YEARS JAIL 10K FINE
. PC 12.34- Punishment for 3rd degree felony
NOT MORE THEN 10 YEARS OR LESS THAN 2. 10 K FINE
PC 12.35- punishment for state jail felony
NO MORE THAN 2 YEARS OR LESS THAN 180 DAYS FINE OF 10K
PC 12.21- punishment for a class A misdemeanor
Up to year; not to exceed $4,000 fine
PC 12.22- punishment for a class B misdemeanor
Up to 180 days; not to exceed $2,000
PC 12.23- punishment for a class C misdemeanor
fine not to exceed $500.
PC 20.03- kidnapping level of offense
An offense under this section is a felony of the third degree.
PC 28.03- criminal mischief elements of offense
o Intentionally or knowingly damages, destroys, tampers, graffiti (markings of any kind) on property
o Impairment, interruption, diversion, or tampering/removing metered devices of water, gas, communication
o Causing the death of cattle or livestock due to the damaging/tampering of property
PC 21.07- public lewdness elements of offense
Persons knowingly engage in any of the following acts: sexual intercourse; act of deviate sexual intercourse; or sexual contact in a public place or where someone is present and could be offended
22.04- injury to a child age requirements
Intentionally, knowingly, recklessly, or criminal negligence causes SBI, serious mental deficiency, impairment, or injury to a child ((14 yoa or younger))
- Intentionally or knowingly
- Recklessly
- Intentionally or knowingly causing BI except for disabled
Terroristic Threats elements of offense
Intentionally or knowingly threatens to commit an offense involving violence to any person or property
▪ Cause interruption of gas, power, communication, transportation, public service occupations; place the public or a substantial group of the public in fear of SBI; influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state (F3)
▪ Against a person the actor knows to be a peace officer or judge (placing in fear of imminent SBI (SJF)
▪ Against a public servant (MA
PC 28.08 Graffiti on a place of worship is what grade of offense
State Jail Felony
PC 31.03 and 29.02 difference between theft and robbery
Begins with Theft from Person, once bodily injury or threat of involved, then it becomes F2 Robbery
PC 30.02- burglary of a habitation is what degree of felony
F2
Elements: Entering a building/habitation without owner’s consent with the intent to commit felony, theft, or assault
PC 42.02- how many people require a riot
Involving seven or more
PC 43.02- prostitution definition
Knowingly or agrees to receive a fee for sexual conduct
▪ MB
▪ With Previous Conviction: MA
PC 43.25- child definition
Younger than 18 years of age
PC 46.05- what are prohibited weapons
Explosive wpn, machine gun, or short barrel shotgun, knuckles, armor piercing ammunition, chemical dispensing device, tire deflation device, silencer
PC 46.05- what class of offense is prohibited weapons
3rd Degree Felony
PC 46.02- what weapons are covered in “unlawfully carrying a weapon”
Handgun or club
PC 46.03- where are the places covered in “places where weapons are prohibited”
Schools Voting polls Government courts and offices Race track Secure area of an airport State mental hospital
F3
PC 49.02- what must an officer have to prove public intoxication
Appears to be intoxicated in a public place to the degree that the person may in danger themselves or others
PC 8.04- what is not a defense to prosecution
Voluntary Intoxication
What constitutes a consensual encounter between an officer and a citizen?
A peace officer may speak to a citizen but the citizen has the right to walk away. Flordia VS Royer
Terry v Ohio- what is a “frisk” used to detect
Weapons
What US Supreme Court case allows an officer to search a vehicle without a warrant
Carroll Doctrine
CCP Art 18.16- who can prevent the consequences of theft
Anyone
Which US Supreme Court case deals with the exclusionary rule?
Mapp v. Ohio
▪ bad arrest leads to bad seizure
Which US Supreme Court Case deals with the fruit of the poisonous tree doctrine
((Silverstone Lumber v. Arizona))
Silverthorne attempted to evade paying taxes. Federal agents illegally seized tax books from Silverthorne and created copies of the records. The issue in this case is whether or not derivatives of illegal evidence are permissible in court.
((Wong Sun v. US))
narcotics where they were both fruits of an illegal entry. Narcotics agents unlawfully entered Toy’s laundry at which point Toy indicated that Jonny was selling narcotics. The drug agents then went to Jonny and found the narcotics.
CCP Art 15.22- arrested definition
Seize by legal authority and placed the subject in restraints
What can an officer do with mere suspicion? Arrest, detain, investigate, what?
Investigate from a distance: check LP; consensual encounter; surveillance on the subject; watch the subject
CCP Art 18.01- what does a search warrant command an officer to do?
Command the officer to search for any property or thing and to seize the same and bring it before such magistrate; commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order
TC 545.156- when a vehicle is approached by an authorized emergency vehicle what is the vehicle required to do
-Yield the right of way
-Immediately drive to a position parallel to and as close as possible to the right- hand
curb or the roadway clear of any intersection
-Stop and remain standing until the authorized emergency vehicle has passed
TC 541.002- definition of a police officer
Officer authorized to direct traffic or arrest persons who viol
TC 546.001- can an emergency vehicle drive in a reckless manner while using emergency equipment?
The officer must adhere to safety protocols while responding to an emergency. The officer should slow down when entering a stop sign or red light before proceeding. The officer should also protect people and property while responding to an emergency.
TC 541.304- what do official traffic control devices do with traffic?
Consistent with the subtitle; placed or erected by a public body or officer having jurisdiction; used to regulate, warn, or guide traffic; including Railroad control devices
TC 541.302(b)- what is an improved shoulder
Paved shoulder
TC 541.302(11)- roadway definition
Portion of the highway, other than the shoulder, that is improvised, designed, or ordinarily used for vehicular travel. If the roadway is divided, it will apply to each set of highways
TC 545.302- how close to a fire hydrant can a person park
15 ft.
TC 541.401(10)- stop definition
Completely cease movement
PC 9.04- when is the threat of force justified?
o When the threat of SBI or Deadly force perceived, but does not constitute deadly force
▪ UOF: use only the amount of force necessary to control the situation
BPOC 17.1.1- force definition
Power dynamically considered, that is, in motion or in action; constraining power, compulsion; strength directed to an end
PC 9.31- can you chase someone down and claim self defense
No
Can departmental policy be used against an officer in court?
Yes
PC 9.31- can use of force be justified to verbal provocation alone
No
PC 9.31- self-defense definition
A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use of or attempted use of unlawful force
PC 9.31 & 9.32- are you required to retreat before using force
No
PC 9.32- is deadly force justified to prevent sexual assault
Yes
PC 9.32- is deadly force justified to prevent kidnapping
No, Aggravated Kidnapping: Yes
PC 9.51- is a peace officer justified in using force to arrest for disorderly conduct
o Yes
▪ Why? Is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrests
PC 9.61- can grandparents use force on a child
o Yes, just not deadly force
BPOC 17.1.3- Tennessee v Garner case known as and what does it prohibit
Using a deadly force with a fleeing felon
What US Supreme Court case established “objective reasonableness” under the 4th amendment
Graham v. Conner
PC 9.51- can a peace officer use force to make an arrest or search and prevent escape
o Yes: use reasonable amount of force to arrest or search a suspect if you believe the force is immediately necessary
o PreventEscape:Yes9.52
What is the lowest level of force?
Police Presence
According to TCOLE, how many handcuffing positions are there?
Sitting, standing , kneeling and prone
According to TCOLE, what are the 3 basic principles of weaponless defense?
oSelf-Control ▪ Control of Emotions ▪ Control of Physical o Balance ▪ Emotional – name calling ▪ Physical – Posture o Awareness ▪ Surroundings ▪ Feet shoulder width apart ▪ Senses ▪ Body Language ▪ To get tunnel vision ▪ Escape route
ABC Section 101.07- are all peace officers charged with enforcing and cooperating with TABC
SHALL-enforce
ABC 105.01- when is it illegal to sell, deliver, or offer to sell or deliver any liquor?
Sundays
Thanksgiving; Christmas; New Year’s Day
If the holiday falls on a Sunday, then it applies to the following day o Before 1000 hour or after 2100 hours
CCP Art 2.131- can a peace officer engage in racial profiling
No
CCP Art 2.132- are law enforcement agency required to adopt a detailed written policy on racial profiling
SHALL adopt a detailed written policy
