Exam 9 Flashcards
CCP Art 2.09- who are magistrates
All judges or magistrate, but not all magistrate our judges. Mayors and recorders are magistrate, but not judges
CCP 2.12- who is/are not peace officers in Texas
NOT Private security officers commissioned by the Texas Board of Private Investigators and Private Security Agency , federal agents traffic ARE sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(2) constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code
CCP 2.13- what are your duties as a peace officer
Preserve peace within jurisdictions. Give notice to the magistrate of offense
Interfere without a warrant to prevent or suppress crime. Arrest offenders w/out warrant
Execute all lawful process by a magistrate or court. Take possession of child
CCP 2.27- what are peace officers required to do if they receive a threat with the imminent death or serious harm to a juvenile
Investigate jointly with the agency responsible for the investigation, no later than 24 hrs of report
CCP 4.01- Which courts in Texas have criminal jurisdiction
Court of criminal Appeals. County court Court of Appeals. Justice coourt District court. Municipal court Criminal District court All county courts at law w/criminal jurisdiction
CCP 3.04- definition of official misconduct
An offense that is intentional or knowing violation of the law committed by a public servant while acting in an official capacity as a public servant
CCP 2.29- are peace officers required to make a written report for Fraudulent Use or Possession of Identifying Information
Yes must include name of victim, name of suspect (if known), type of identifying info. Obtained, possessed, transferred or used in violation, and results of investigation
CCP 2.28- is a peace officer required to contact the victim if someone else uses their identifying information while being arrested
yes
CCP 4.14- What does municipal court have jurisdiction over and the punishment amounts
Within territorial limits of the municipality. A fine not exceed $2,000 in cases that govern fire safety, zoning or public health and sanitation, $4,000 dumping of refuse and $500 in all other arising under ordinance
CCP 2.1305- can an establishment in Texas prevent a peace officer or special investigator from carrying their weapons in the establishments
No regardless if they are engaged in the actual discharge of duties while carrying the weapon
CCP 5.045- can an officer be held liable for someone stealing property during a stand-by
No they are not civilly or criminally liable
CCP 62.051 (a)(1)- is a sex offender required to register within 7 days of moving into a municipality
Yes, or the 1st date authorities allow the person to register
CCP- 18.24- is a peace officer authorized to conduct a body cavity search during a traffic stop without a search warrant
no
CCP 12.02- How many years does the state have to file a class A or B misdemeanor
2 years from the date of commission of the offense and not afterward
CCP 8.04- does a peace officer or magistrate have a duty to disperse a riot
Yes this may either be done by commanding or arresting either with or without a warrant
CCP 7A.07- how long is the duration of a protective order
Duration of the lives of the offender and victim or for any shorter period stated in the order. If period is not stated it is effective until the 2nd anniversary of date issued
CCP 2.13- listed duties of peace officers in Texas
The officer shall:
(1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime;
(2) execute all lawful process issued to the officer by any magistrate or court;
(3) give notice to some magistrate of all offenses committed within the officer’s jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and
(4) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.
CCP 5.04- Is a peace officer required to give a written notice of victim’s legal rights in a family violence
Yes also remedies and availability of shelter or other community services
CCP 14.03 What grade offense does a person have to commit for an officer from another state enter into Texas to apprehend the suspect
A felony in presence of officer
CCP 18.07-how many days is allowed for a search warrant minus the day of issuance and execution
3 days excluding 1 day for warrants issuance and 1 day for its execution
CCP 21.20- information definition
Written statement filed and presented in behalf of the State by the district or county attorney, charging the defendant with a offense which may by law be so prosecuted
CCP 21.01- indictment definition
Written statement filed by a grand jury accusing a person of some act or omission
Which US Supreme Court case established the “exclusionary rule”
Mapp vs Ohio
Which US Supreme Court case established search incident to arrest
Chimal vs California
Which US Supreme Court case required the Miranda warning
Miranda VS Arisona
Which US Supreme Court case allowed officers to search a vehicle without a warrant with probable cause
Carol vs US (Carol Docrtine)
Which US Supreme Court case allowed a frisk for weapons
Terry vs Ohio
CCP 4.05- which court has jurisdiction over misdemeanors involving official misconduct
District courts and Criminal District Courts
What is the Texas Criminal Justice System composed of
Police, Courts and corrections
BPOC 4.3.3- what is the purpose of criminal law
law which for the purpose of preventing harm to society,
PC 1.02- what is the purpose of the penal code
To establish a system of prohibitions, penalties and correctional measures
PC 1.07- Act definition
A bodily movement whether voluntary or involuntary and includes speech
PC 1.07- a person whose criminal responsibility is in issue in a criminal action
Actor
PC 1.07- bodily injury definition
Physical pain, illness or any impairment of physical condition
PC 1.07- benefit definition
Anything reasonably regarded as economic gain or advantage
PC 1.07- conduct definition
An acct or omission and its accompanying mental state
PC 1.07- deadly weapon definition
A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury
PC 1.07- bodily injury definition
Physical pain, illness or any impairment of physical condition
PC 1.07- felony definition
An offense so designed by law or punishable by death or confinement in a penitentiary
PC 1.07- possession definition
Actual care, custody, control or management
PC 1.07- serious bodily injury
Bodily injury that creates a substantial risk or causes death, serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organml
PC 2.01- burden of proof in a criminal trial
All persons are presumed innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt
PC 1.07- misdemeanor definition
An offense so designated by law or punishable by fine, by confinement in jail or both
PC 12.21- highest class of misdemeanor
Class A misdemeanor a fine not exceed $4,000, confinement in jail a term not exceed 1yr or both
PC 12.32- what degree of felony is 5 to 99 years in prison
1st degree felony in addition may be punished by a fine not exceed $10,000
PC 12.23- what is the maximum punishment for a class C misdemeanor
Punished by a fine not to exceed $500
PC 22.01- assault definition
Intentionally, knowingly or recklessly causes bodily injury to another
PC 22.02- aggravated assault definition
Causes serious bodily injury to another
PC 22.041- offense of abandoning or endangering a child applies to children of what age
A child younger than 15 years old
PC 30.02- burglary of a habitation is what degree of felony
2nd degree felony (entering with out consent of owner)
PC 31.01(3)-when is consent not effective if obtained how
- Deception or coercion
- Actor know is not legally authorized to for the owner
- Given by person who by reason of youth, mental disease, or intoxication
- Advanced age is known to have diminished capacity to make rational decisions
- Given solely to detect the commission of an offense
PC 37.08- false report to a peace officer elements of the offense
Knowing makes a false statement that is material to a criminal investigation
PC 38.03- resisting arrest, search, or transportation definition
Intentionally prevents or obstructs an arrest, transportation or search
PC 38.06- when does a person commit the offense of escape
Escapes from custody
PC 39.03- what does a peace officer have to subject another to for the charge of official oppression
- Intentionally subjects another to mistreatment or to arrest
- Denies or impedes another the exercise, or enjoyment of any right, privileges, power or immunity
- Subjects another to sexual harassment
PC 42.072- to file stalking the victim must be in fear of what
Bodily injury or death
PC 71.01- criminal street gangs definition
Three or more person having a common identifying sign, symbol, or leadership and regularly associated with criminal activity
Operator approaching on-coming traffic how many feet to dim their headlights
500 ft
What color should lights on the rear of the vehicle be
Must be or reflect red, a signaling device mounted on rear of vehicle may be red, amber or yellow
How many headlamps should a vehicle have
At least 2 headlamps and shall be mounted at a height from 24 to 54 inches
What is the age that a child cannot ride in the bed of a truck on a highway
Child younger than 18. Misdemeanor punishable by fine not less then $25.00 or more than $200
Who do speed laws not apply to
Any authorized emergency vehicles responding to a call
Speed limit in an alley
15 mph
Speed limit for an Urban District
30 mph
How far do you have to signal before you turn
100 ft before the turn
An operator may not pass on the right if they leave _______.
The main lane
How close can you get to another vehicle if you are passing a vehicle
200 ft
A flashing yellow light is a what type of signal
To proceed through or past with caution
How many days does a person have to report a name or address change on their DL
No later then 30 days
A new resident to Texas has how many days to obtain their license
No more than 90 days
Is a operator required to have a DL on their person and show it to an officer upon demand
Yes if no license it is a misdemeanor of fine not exceed $200
Night time definition
Beginning ½ hr after sunset and ending ½ hr before Sunrise
Stand definition
⦁ To halt an occupied or unoccupied vehicle, other than temporarily while receiving or discharging passengers
Traffic control signal definition
A Manuel, electric or mechanical device that alternately directs traffic to stop and to proceed
Freeway definition
A divided, controlled access highway for through traffic
Truck definition
Motor vehicle designed, used or maintained primarily to transport property
Operator definition
Person who drives or has physical control of a vehicle
What are victim’s rights 56.02
To receive protection, information, safety, and to be informed
What article of the CCP mandates law enforcement agencies ensure that crime victim’s are granted their rights
56.02
A law enforcement agency is to advise crime victims of their rights when?
At the initial contact or at the earliest possible time after initial contact
Deliver definition
To sell, dispense, give away or supply in any other manner
Dangerous drug definition
A device or a drug that is unsafe for self medication
Possession definition
Actual care, custody, control or management
Should law enforcement agencies have policies and procedures regarding vehicle pursuits
Yes
Is a law enforcement agency exempt from due regard of the safety of the public and under what conditions
No does not relieve the duty to operate the vehicle w/appropriate regard for the safety of all persons or the consequences of reckless disregard for safety of others
Components of pre-shift vehicle inspection
⦁ 1. Mechanical check. 3. Interior check
⦁ 2. Exterior check. 4. Required inventory
TC 546.005- what does this code refer to
duty of care.. Does not relieve operator of emergency vehicle from duty to operate with appropriate regard for the safety of all persons or consequences of reckless disregards for the safety of others
Can seriousness of the offense determine whether a vehicle pursuit is initiated or terminated
Yes
What does a peace officer have to have to search a license premises
By accepting a license or permit, the holder consents to any search of the premises at any time
Illicit beverage definition
An alcoholic beverage that is in violation of TABC
Who has the responsibility to enforce codes of TABC
All peace officers in the state, including those of cities, counties and state should cooperate and assist
To be charged with DWI a person must be intoxicated while operating a motor vehicle where
Public place
What grade of offense is 3rd DWI
3rd degree felony with a fine up to $10,000 and/or confinement 2 to 10 yrs in state prison and license suspended up to 2 yrs. There may also be a surcharge up to $2,000 assed per yr. for 3 yrs
1st DWI charges are a Class B Misdemeanor
2ndDWI second offenseis a class A misdemeanor
3rd DWI in Texas is considered a third-degree felony.
4th DWI Second-Degree felony
What grade of offense is a 2nd DWI
Class A misdemeanor with a fine not exceed $4,000 and/or confinement of 30 days to 1 yr and possible suspension of license from 180 days to 2 yrs.
1st DWI charges are a Class B Misdemeanor
2ndDWI second offenseis a class A misdemeanor
3rd DWI in Texas is considered a third-degree felony.
4th DWI Second-Degree felony
DWI definition
Driving while intoxicated, not having normal use of mental or physical faculties by reason of introduction of alcohol
Grade of offense of 1st DWI
Class B misdemeanor with minimum of 72 hrs confinement, open container in immediate possession Class B misdemeanor with minimum of 6 days confinement, and Class A misdemeanor if analysis of specimen of blood, breath or urine show a concentration level of 0.15 or more
1st DWI charges are a Class B Misdemeanor
2ndDWI second offenseis a class A misdemeanor
3rd DWI in Texas is considered a third-degree felony.
4th DWI Second-Degree felony
intoxicated definition
Not having normal use of mental or physical faculties by reason of introduction of alcohol or drugs
