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.BPOC > Exam 9 > Flashcards

Exam 9 Flashcards

1
Q

CCP Art 2.09- who are magistrates

A

All judges or magistrate, but not all magistrate our judges. Mayors and recorders are magistrate, but not judges

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2
Q

CCP 2.12- who is/are not peace officers in Texas

A

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

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3
Q

CCP 2.13- what are your duties as a peace officer

A

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

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4
Q

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

A

Investigate jointly with the agency responsible for the investigation, no later than 24 hrs of report

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5
Q

CCP 4.01- Which courts in Texas have criminal jurisdiction

A 
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
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6
Q

CCP 3.04- definition of official misconduct

A

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

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7
Q

CCP 2.29- are peace officers required to make a written report for Fraudulent Use or Possession of Identifying Information

A

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

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8
Q

CCP 2.28- is a peace officer required to contact the victim if someone else uses their identifying information while being arrested

A

yes

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9
Q

CCP 4.14- What does municipal court have jurisdiction over and the punishment amounts

A

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

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10
Q

CCP 2.1305- can an establishment in Texas prevent a peace officer or special investigator from carrying their weapons in the establishments

A

No regardless if they are engaged in the actual discharge of duties while carrying the weapon

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11
Q

CCP 5.045- can an officer be held liable for someone stealing property during a stand-by

A

No they are not civilly or criminally liable

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12
Q

CCP 62.051 (a)(1)- is a sex offender required to register within 7 days of moving into a municipality

A

Yes, or the 1st date authorities allow the person to register

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13
Q

CCP- 18.24- is a peace officer authorized to conduct a body cavity search during a traffic stop without a search warrant

A

no

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14
Q

CCP 12.02- How many years does the state have to file a class A or B misdemeanor

A

2 years from the date of commission of the offense and not afterward

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15
Q

CCP 8.04- does a peace officer or magistrate have a duty to disperse a riot

A

Yes this may either be done by commanding or arresting either with or without a warrant

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16
Q

CCP 7A.07- how long is the duration of a protective order

A

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

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17
Q

CCP 2.13- listed duties of peace officers in Texas

A

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.

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18
Q

CCP 5.04- Is a peace officer required to give a written notice of victim’s legal rights in a family violence

A

Yes also remedies and availability of shelter or other community services

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19
Q

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

A felony in presence of officer

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20
Q

CCP 18.07-how many days is allowed for a search warrant minus the day of issuance and execution

A

3 days excluding 1 day for warrants issuance and 1 day for its execution

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21
Q

CCP 21.20- information definition

A

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

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22
Q

CCP 21.01- indictment definition

A

Written statement filed by a grand jury accusing a person of some act or omission

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23
Q

Which US Supreme Court case established the “exclusionary rule”

A

Mapp vs Ohio

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24
Q

Which US Supreme Court case established search incident to arrest

A

Chimal vs California

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25
Q

Which US Supreme Court case required the Miranda warning

A

Miranda VS Arisona

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26
Q

Which US Supreme Court case allowed officers to search a vehicle without a warrant with probable cause

A

Carol vs US (Carol Docrtine)

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27
Q

Which US Supreme Court case allowed a frisk for weapons

A

Terry vs Ohio

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28
Q

CCP 4.05- which court has jurisdiction over misdemeanors involving official misconduct

A

District courts and Criminal District Courts

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29
Q

What is the Texas Criminal Justice System composed of

A

Police, Courts and corrections

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30
Q

BPOC 4.3.3- what is the purpose of criminal law

A

law which for the purpose of preventing harm to society,

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31
Q

PC 1.02- what is the purpose of the penal code

A

To establish a system of prohibitions, penalties and correctional measures

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32
Q

PC 1.07- Act definition

A

A bodily movement whether voluntary or involuntary and includes speech

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33
Q

PC 1.07- a person whose criminal responsibility is in issue in a criminal action

A

Actor

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34
Q

PC 1.07- bodily injury definition

A

Physical pain, illness or any impairment of physical condition

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35
Q

PC 1.07- benefit definition

A

Anything reasonably regarded as economic gain or advantage

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36
Q

PC 1.07- conduct definition

A

An acct or omission and its accompanying mental state

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37
Q

PC 1.07- deadly weapon definition

A

A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury

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38
Q

PC 1.07- bodily injury definition

A

Physical pain, illness or any impairment of physical condition

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39
Q

PC 1.07- felony definition

A

An offense so designed by law or punishable by death or confinement in a penitentiary

40
Q

PC 1.07- possession definition

A

Actual care, custody, control or management

41
Q

PC 1.07- serious bodily injury

A

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

42
Q

PC 2.01- burden of proof in a criminal trial

A

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

43
Q

PC 1.07- misdemeanor definition

A

An offense so designated by law or punishable by fine, by confinement in jail or both

44
Q

PC 12.21- highest class of misdemeanor

A

Class A misdemeanor a fine not exceed $4,000, confinement in jail a term not exceed 1yr or both

45
Q

PC 12.32- what degree of felony is 5 to 99 years in prison

A

1st degree felony in addition may be punished by a fine not exceed $10,000

46
Q

PC 12.23- what is the maximum punishment for a class C misdemeanor

A

Punished by a fine not to exceed $500

47
Q

PC 22.01- assault definition

A

Intentionally, knowingly or recklessly causes bodily injury to another

48
Q

PC 22.02- aggravated assault definition

A

Causes serious bodily injury to another

49
Q

PC 22.041- offense of abandoning or endangering a child applies to children of what age

A

A child younger than 15 years old

50
Q

PC 30.02- burglary of a habitation is what degree of felony

A

2nd degree felony (entering with out consent of owner)

51
Q

PC 31.01(3)-when is consent not effective if obtained how

A
  1. Deception or coercion
  2. Actor know is not legally authorized to for the owner
  3. Given by person who by reason of youth, mental disease, or intoxication
  4. Advanced age is known to have diminished capacity to make rational decisions
  5. Given solely to detect the commission of an offense
52
Q

PC 37.08- false report to a peace officer elements of the offense

A

Knowing makes a false statement that is material to a criminal investigation

53
Q

PC 38.03- resisting arrest, search, or transportation definition

A

Intentionally prevents or obstructs an arrest, transportation or search

54
Q

PC 38.06- when does a person commit the offense of escape

A

Escapes from custody

55
Q

PC 39.03- what does a peace officer have to subject another to for the charge of official oppression

A
  1. Intentionally subjects another to mistreatment or to arrest
    1. Denies or impedes another the exercise, or enjoyment of any right, privileges, power or immunity
    2. Subjects another to sexual harassment
56
Q

PC 42.072- to file stalking the victim must be in fear of what

A

Bodily injury or death

57
Q

PC 71.01- criminal street gangs definition

A

Three or more person having a common identifying sign, symbol, or leadership and regularly associated with criminal activity

58
Q

Operator approaching on-coming traffic how many feet to dim their headlights

A

500 ft

59
Q

What color should lights on the rear of the vehicle be

A

Must be or reflect red, a signaling device mounted on rear of vehicle may be red, amber or yellow

60
Q

How many headlamps should a vehicle have

A

At least 2 headlamps and shall be mounted at a height from 24 to 54 inches

61
Q

What is the age that a child cannot ride in the bed of a truck on a highway

A

Child younger than 18. Misdemeanor punishable by fine not less then $25.00 or more than $200

62
Q

Who do speed laws not apply to

A

Any authorized emergency vehicles responding to a call

63
Q

Speed limit in an alley

A

15 mph

64
Q

Speed limit for an Urban District

A

30 mph

65
Q

How far do you have to signal before you turn

A

100 ft before the turn

66
Q

An operator may not pass on the right if they leave _______.

A

The main lane

67
Q

How close can you get to another vehicle if you are passing a vehicle

A

200 ft

68
Q

A flashing yellow light is a what type of signal

A

To proceed through or past with caution

69
Q

How many days does a person have to report a name or address change on their DL

A

No later then 30 days

70
Q

A new resident to Texas has how many days to obtain their license

A

No more than 90 days

71
Q

Is a operator required to have a DL on their person and show it to an officer upon demand

A

Yes if no license it is a misdemeanor of fine not exceed $200

72
Q

Night time definition

A

Beginning ½ hr after sunset and ending ½ hr before Sunrise

73
Q

Stand definition

A

⦁ To halt an occupied or unoccupied vehicle, other than temporarily while receiving or discharging passengers

74
Q

Traffic control signal definition

A

A Manuel, electric or mechanical device that alternately directs traffic to stop and to proceed

75
Q

Freeway definition

A

A divided, controlled access highway for through traffic

76
Q

Truck definition

A

Motor vehicle designed, used or maintained primarily to transport property

77
Q

Operator definition

A

Person who drives or has physical control of a vehicle

78
Q

What are victim’s rights 56.02

A

To receive protection, information, safety, and to be informed

79
Q

What article of the CCP mandates law enforcement agencies ensure that crime victim’s are granted their rights

A

56.02

80
Q

A law enforcement agency is to advise crime victims of their rights when?

A

At the initial contact or at the earliest possible time after initial contact

81
Q

Deliver definition

A

To sell, dispense, give away or supply in any other manner

82
Q

Dangerous drug definition

A

A device or a drug that is unsafe for self medication

83
Q

Possession definition

A

Actual care, custody, control or management

84
Q

Should law enforcement agencies have policies and procedures regarding vehicle pursuits

A

Yes

85
Q

Is a law enforcement agency exempt from due regard of the safety of the public and under what conditions

A

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

86
Q

Components of pre-shift vehicle inspection

A

⦁ 1. Mechanical check. 3. Interior check
⦁ 2. Exterior check. 4. Required inventory

87
Q

TC 546.005- what does this code refer to

A

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

88
Q

Can seriousness of the offense determine whether a vehicle pursuit is initiated or terminated

A

Yes

89
Q

What does a peace officer have to have to search a license premises

A

By accepting a license or permit, the holder consents to any search of the premises at any time

90
Q

Illicit beverage definition

A

An alcoholic beverage that is in violation of TABC

91
Q

Who has the responsibility to enforce codes of TABC

A

All peace officers in the state, including those of cities, counties and state should cooperate and assist

92
Q

To be charged with DWI a person must be intoxicated while operating a motor vehicle where

A

Public place

93
Q

What grade of offense is 3rd DWI

A

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

94
Q

What grade of offense is a 2nd DWI

A

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

95
Q

DWI definition

A

Driving while intoxicated, not having normal use of mental or physical faculties by reason of introduction of alcohol

96
Q

Grade of offense of 1st DWI

A

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

97
Q

intoxicated definition

A

Not having normal use of mental or physical faculties by reason of introduction of alcohol or drugs

.BPOC (17 decks)

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