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DCSO BPOC 144 > Health & Safety Code - Category Exam > Flashcards

Health & Safety Code - Category Exam Flashcards

The exam on 05/29/19

1
Q

Tom, who is 22 years of age, gives a marijuana cigarette to his 16 year old cousin for free. What category of offense did Tom just commit? A: State Jail Felony B: Second Degree Felony C: no offense D: Class B Misdemeanor E: Third Degree Felony

A

B: Second Degree Felony

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2
Q

A doctor issues a prescription for legal medication. In accordance with Health and Safety Code Section 481.002 (41), a prescription must contain the following except

A: the name and quantity of the controlled substance prescribed
B: all of the listed items are required
C: the patient’s address
D: the name of the drug manufacturer
E: the patient’s name

A

D: the name of the drug manufacturer

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3
Q

Means to directly apply a controlled substance by injection, inhalation, ingestion, or other means to the body of a patient or research subject by:

(A) a practitioner or an agent of the practitioner in the presence of the practitioner;  or
(B) the patient or research subject at the direction and in the presence of a practitioner.

A

Administer

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4
Q

Means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4.  The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.

A

“Controlled substance”

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5
Q

A substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Schedule I or II or Penalty Group 1, 1-A, 2, or 2-A;  or (B) a substance specifically designed to produce an effect substantially similar to, or greater than, the effect of a controlled substance in Schedule I or II or Penalty Group 1, 1-A, 2, or 2-A.

A

Controlled substance analogue

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6
Q

Means to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship.  The term includes offering to sell a controlled substance, counterfeit substance, or drug paraphernalia.

A

Deliver

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7
Q

Means the delivery of a controlled substance in the course of professional practice or research, by a practitioner or person acting under the lawful order of a practitioner, to an ultimate user or research subject. The term includes the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for delivery (only doctors, pharmacists, or scientists)

A

Dispense

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8
Q

Means to deliver a controlled substance other than by administering or dispensing the substance. (wholesale to retail, truck, drivers, and/or UPS; otherwise; can be charged for possession)

A

Distribute

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9
Q

Means a substance, other than a device or a component, part, or accessory of a device, that is: (A) recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or a supplement to either pharmacopoeia or the

A

Drug

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10
Q

Means equipment, a product, or material that is used or intended for use in (21 phrases to close all the loopholes and semantics) planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance in violation of this chapter or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.

A

Drug paraphernalia

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11
Q

Means the injection, inhalation, ingestion, or application of a substance to or into a human body.

A

Human consumption

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12
Q

A person commits an offense if the person knowingly delivers an abusable volatile chemical to a person who is younger than _ years of age

A: 16
B: 18
C: 15
D: 17

A

B: 18

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13
Q

A person over 21 years of age knowingly delivers 1/8 ounce of marijuana to his 18 year old nephew and does not receive money for the delivery. What classification offense has occurred?

A: State Jail Felony
B: Class B Misdemeanor
C: no offense has occurred
D: Second Degree Felony

A

B: Class B Misdemeanor

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14
Q

A person who obtains a controlled substance using a forged prescription may be charged with

A: possession of marihuana
B: fraud
C: theft
D: possession of a dangerous drug

A

B: fraud

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15
Q

Actual care, custody, control or management is

A: designated agent
B: manufacture
C: possession
D: immediate precursor
E: delivery

A

C: possession

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16
Q

Aerosol paint is a(n)

A: drug
B: hallucinogen
C: narcotic
D: abusable volatile chemical
E: opiate

A

D: abusable volatile chemical

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17
Q

Dave is an adult who possesses two ounces of marihuana. What category is he committing

A: State Jail Felony
B: Class A Misdemeanor
C: Class C Misdemeanor
D: Class B Misdemeanor

A

E: Class B Misdemeanor

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18
Q

Means a substance the director finds to be and by rule designates as being: (A) a principal compound commonly used or produced primarily for use in the manufacture of a controlled substance; (B) a substance that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and (C) a substance the control of which is necessary to prevent, curtail, or limit the manufacture of a controlled substance.

A

Immediate precursor

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19
Q

Means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance other than marihuana, directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the packaging or repackaging of the substance or labeling or relabeling of its container.

A

Manufacture

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20
Q

Means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.

A

Marijuana

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21
Q

Possession of marihuana includes all of the following except

A: seeds of Cannabis sativa L
B: the plant Cannabis sativa L
C: a mixture of the plant and seeds
D: a growing plant
E: mature stalks of the plant

A

E: mature stalks of the plant

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22
Q

Possession of marihuana includes all of the following except

A: The resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;
B: The plant Cannabis sativa L
C: a mixture of the plant and seeds
D: a growing plant
E: seeds of Cannabis sativa L

A

A: The resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin

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23
Q

Possession of marihuana includes all of the following except

A: seeds of Cannabis sativa L
B: the plant Cannabis sativa L
C: oil or cake made from the seeds of the plant; a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;
D: a growing plant
E: a mixture of the plant and seeds

A

C: oil or cake made from the seeds of the plant; a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;

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24
Q

Possession of marihuana includes all of the following except

A: seeds of Cannabis sativa L
B: the plant Cannabis sativa L
C: a mixture of the plant and seeds
D: a growing plant
E: the sterilized seeds of the plant that are incapable of beginning germination.

A

E: the sterilized seeds of the plant that are incapable of beginning germination.

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25
Q

The six major categories of controlled substances including narcotics, depressants, simulated controlled substances, marijuana:

A: stimulants, hallucinogens
B: amoxil, dangerous drugs
C: opiates, hallucinogens
D: stimulants, opiates
E: stimulants, dangerous drugs

A

A: stimulants, hallucinogens

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26
Q

Means any of the following, produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (A) opium and opiates, and a salt, compound, derivative, or preparation of opium or opiates; (B) a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative

A

Narcotic Drug

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27
Q

means a substance that has an addiction-forming or addiction-sustaining liability similar to morphine or is capable of conversion into a drug having addiction-forming or addiction-sustaining liability.

A

Opiate

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28
Q

To directly apply a controlled substance by injection, inhalation, ingestion or other means to the body of a patient or research subject is the definition of

A: distribute
B: human consumption
C: possession
D: administer
E: dispense

A

D: administer

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29
Q

Which of the following is not inhalant paraphernalia?

A: all of the listed items are inhalant paraphernalia
B: crack pipe with crack residue
C: none of the listed items are inhalant paraphernalia
D: a balloon containing paint residue

A

B: crack pipe with crack residue

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30
Q

You have some amoxil (antibiotic) left over from when you were last sick. Your classmate gets ill and the symptoms are identical to what you experienced when sick. You give six tablets still in the bottle and properly labeled to your friend to save the some money. You have just committed the offense of:

A: delivery of a controlled substance – Class A Misdemeanor
B: there was no offense committed
C: delivery of a controlled substance – State Jail Felony
D: delivery of a dangerous drug – State Jail Felony
E: delivery of a dangerous drug – Class A Misdemeanor

A

D: delivery of a dangerous drug – State Jail Felony

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31
Q

means an individual, corporation, government, business trust, estate, trust, partnership, association, or any other legal entity.

A

Person

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32
Q

includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.

A

Production

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33
Q

means any material that increases the bulk or quantity of a controlled substance, regardless of its effect on the chemical activity of the controlled substance.

A

Adulterant or dilutant

34
Q

a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1.

A

MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1.

35
Q

An offense under MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1. is a _____if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.

A

state jail felony

36
Q

means to directly apply a controlled substance by injection, inhalation, ingestion, or other means to the body of a patient or research subject by:

A

Administer

37
Q

Means a substance, including a drug, an adulterant* , and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.

The term does not include hemp, as defined by Section 121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.

A

controlled substance

38
Q

HSC Category Exam Question

(A) a substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Schedule I or II or Penalty Group 1, 1-A, 2, or 2-A; or

(B) a substance specifically designed to produce an effect substantially similar to, or greater than, the effect of a controlled substance in Schedule I or II or Penalty Group 1, 1-A, 2, or 2-A.

A

controlled substance analogue

39
Q

HSC Category Exam Question

means a controlled substance that, without authorization, bears or is in a container or has a label that bears an actual or simulated trademark, trade name, or other identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

A

counterfeit substance

40
Q

HSC Category Exam Question

means to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship. The term includes offering to sell a controlled substance, counterfeit substance, or drug paraphernalia.

A

Deliver

41
Q

HSC Category Exam Question

means the delivery of a controlled substance in the course of professional practice or research, by a practitioner or person acting under the lawful order of a practitioner, to an ultimate user or research subject. The term includes the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for delivery.

A

Dispense

dispense

42
Q

HSC Category Exam Question

means to deliver a controlled substance other than by administering or dispensing the substance.

A

distribute

43
Q

HSC Category Exam Question

means a substance, other than a device or a component, part, or accessory of a device, that is:

(C) intended to affect the structure or function of the body of man or animals but is not food;

A

Drug

44
Q

HSC Category Exam Question

means equipment, a product, or material that is used or intended for use in (21 phrases to close all the loopholes and semantics) planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance in violation of this chapter or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.

A

drug paraphernalia

45
Q

HSC Category Exam Question

_____ ______ means the injection, inhalation, ingestion, or application* of a substance to or into a human body.

Mnenomic: alternatively, think of 4 I’s: inject, inhale, ingest, introduce (to the human body)

A

human consumption

46
Q

HSC Category Exam Question

_____ ______ means a substance the director finds to be and by rule designates as being:

(A) a principal compound commonly used or produced primarily for use in the manufacture of a controlled substance

A

immediate precursor

47
Q

HSC Category Exam Question

______ means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance other than marihuana, directly or indirectly by extraction from substances of natural origin

A

manufacture

48
Q

HSC Category Exam Question

______ means the plant Cannabis sativa L.

A

marihuana

49
Q

HSC Category Exam Question

_____ _____ means any of the following, produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

A

narcotic drug

50
Q

HSC Category Exam Question

____ means a substance that has an addiction-forming or addiction-sustaining liability similar to morphine or is capable of conversion into a drug having addiction-forming or addiction-sustaining liability

A

opiate

51
Q

HSC Category Exam Question

_____ means an individual, corporation, government, business trust, estate, trust, partnership, association, or any other legal entity.

A

person

52
Q

HSC Category Exam Question

List six (6) major categories

A

ND-SH-MS (Never Do Small, Hot, Manual Stuff

  1. Narcotics (codeine, hydrocodone, heroin, morphine)
  2. Depressants (barbiturates [blue, red, yellow], valium, Xanax, rohyphol [ruffies, date rape drug])
  3. Stimulants (cocaine, crack cocaine, meth [brown and crystal (higher potency)], ice meth, Ritalin Schedule II and IV)
  4. Hallucinogens (MDMA Ecstasy Schedule I, GHB, LSC is liquid form [blotters, pills, powders – don’t touch with your hands, paper with design on it], psilocybin mushrooms)
  5. Marijuana (either spelling is accepted at MAGS) (hashish, Thai stick, hashish oil)
  6. Simulated CS (sheet rock, soap, oregano, grass, aspirin – if its represented as CS, you’ll be charged for CS
53
Q

HSC Category Exam Question

Which penalty group lysergic acid diethylamide (LSD) including its salts, isomers, and salts of isomers belongs to?

A

Sec. 481.1021. Penalty Group 1-A.

54
Q

HSC Category Exam Question

If a person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 3 or 4, what is the punishment for 50 grams?

A

felony of second degree

(c) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams.

55
Q

HSC Category Exam Question

If a person delivers 1-4 grams of CS in PG1, what is the punishment?

A

felony of second degree

56
Q

HSC Category Exam Question

(a) A person commits an offense of ____ _____ if the person knowingly or intentionally uses or possesses with intent to use ____ _____ to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body.

A

drug paraphernalia

Sec. 481.125. OFFENSE: POSSESSION OR DELIVERY OF DRUG PARAPHERNALIA.

57
Q

(a) A person commits an offense of _____ if the person knowingly:
(1) distributes as a registrant or dispenser a controlled substance listed in Schedule I or II, unless the person distributes the controlled substance as authorized under the federal Controlled Substances Act (21 U.S.C. Section 801

A

Sec. 481.129. OFFENSE: FRAUD.

58
Q

HSC Category Exam Question

A person commits an offense of _____ _____ _____ if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver a substance or device designed to _____ _____ _____ results.

This offense is a ____ _____ misdemeanor.

A

falsify drug test

Class A

Sec. 481.133. OFFENSE: FALSIFICATION OF DRUG TEST RESULTS.

59
Q

HSC Category Exam Question

True or False

Sec. 481.141. MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY.

… if punishment for a defendant is increased under this section, the court may order the sentence for the offense to run concurrently with any other sentence the court imposes on the defendant.

A

False

if punishment for a defendant is increased under this section, the court may NOT order the sentence for the offense to run concurrently with any other sentence the court imposes on the defendant.

60
Q

HSC Category Exam Question

Sec. 481.182. EVIDENTIARY RULES RELATING TO OFFER OF DELIVERY.

For the purpose of establishing a delivery under this chapter, proof of an ____ ____ must be corroborated by:

(1) a person other than the person to whom the offer is made; or (2) evidence other than a statement of the person to whom the offer is made.

A

offer to sell

61
Q

Sec. 481.134. DRUG-FREE ZONES.

(a) In this section: “Minor” means a person who is younger than ___ years of age.

A

18 years old

62
Q

HSC Category Exam Question

___ ____ means a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled Substances Act). The term includes a device or a drug that bears or is required to bear the legend:
“Caution” federal law prohibits dispensing without prescription” or “Rx only” or another legend that complies with federal law

A

dangerous drug

63
Q

Sec. 481.152. SEIZURE, SUMMARY FORFEITURE, AND SUMMARY DESTRUCTION OF CONTROLLED SUBSTANCE PLANTS.

(a) Controlled substance plants are subject to seizure and summary forfeiture to the state if:
(1) the plants have been planted, cultivated, or harvested in violation of this chapter;(2) the plants are wild growths; or
(3) the owners or cultivators of the plants are unknown.

(b) Subsection (a) does not apply to _______ ________growing in its natural state.

A

unharvested peyote

64
Q

HSC Category Exam Question

______ means to sell, dispense, give away, or supply in any other manner.

A

deliver

65
Q

_______ means a person, other than a pharmacist, who manufactures dangerous drugs. The term includes a person who prepares dangerous drugs in dosage form by mixing, compounding, encapsulating, entableting, or any other process.

A

manufacturer

66
Q

HSC Category Exam Question

The three primary methods of drug abuse are, except:

  1. ingestion
  2. injection
  3. introduction
  4. inhalation
A

introduction

67
Q

HSC Category Exam Question

Sec. 483.041. POSSESSION OF DANGEROUS DRUG.

(a) A person commits an offense if the person possesses a dangerous drug unless the person obtains the drug from a pharmacist acting in the manner described by Section 483.042(a)(1) or a practitioner acting in the manner described by Section 483.042(a)(2).
(b) Except as permitted by this chapter, a person DOES NOT commits an offense if the person possesses a dangerous drug for the purpose of selling the drug. (T of F?)

A

false

(b) Except as permitted by this chapter, a person commits an offense if the person possesses a dangerous drug for the purpose of selling the drug.

68
Q

HSC Category Exam Question

True or False?

Sec. 483.072. UNCORROBORATED TESTIMONY.

A conviction under this chapter may be obtained on the uncorroborated testimony of a party to the offense.

A

true

69
Q

HSC Category Exam Question

Sec. 483.074. SEIZURE AND DESTRUCTION.

What is the minimum number of officers that must be present when destroying a dangerous drug? ​

a) 1
b) 2
c) 3
d) 4

A

two (2)

Ref: Sec. 483.074. SEIZURE AND DESTRUCTION.

(b) If a dangerous drug is seized under Subsection (a), the board may direct an employee of the board or an authorized peace officer to destroy the drug. The employee or authorized peace officer directed to destroy the drug must act in the presence of another employee of the board or authorized peace officer and shall destroy the drug in any manner designated as appropriate by the board.

70
Q

HSC Category Exam Question

Sec. 485.034. FAILURE TO POST SIGN.

An offense under this section is a __________

  1. Class C misdemeanor
  2. Class B Misdemeanor
  3. Class A Misdemeanor
  4. State Jail Felony
A

Class C

Sec. 485.034. FAILURE TO POST SIGN.
(a) A person commits an offense if the person sells an abusable volatile chemical in a business establishment and the person does not display the sign required by Section 485.017.

(b) An offense under this section is a Class C misdemeanor.

71
Q

HSC Category Exam Question

True or False

Sec. 485.036. PROOF OF OFFER TO SELL.

Proof of an offer to sell an abusable volatile chemical must be corroborated by a person other than the offeree or by evidence other than a statement of the offeree.

A

true

72
Q

HSC Category Exam Question

All of the following are procedures for qualifying and utilizing informants in conducting investigations related to controlled substance and dangerous drug violations, except:

  1. Interview prospective informants
  2. Consult with affected victims
  3. Establish informants in administrating reports to include an administrative code number
  4. Provide for method of payments and documentation
A

2. Consult with affected victims.

The correct answer is officials, not victims

73
Q

Stationary surveillance of suspected drug violators includes: ____, ____, ____

A

person, place or thin

74
Q

HSC Category Exam Question

Which of the following is not a piece of protective equipment to be worn specifically when conducting clandestine drug investigation:

  1. TIVEC disposable clothing.
  2. Ballistic vest
  3. Self-contained breathing apparatus.
  4. Industrial grade rubber gloves.
A

ballistic vest

75
Q

HSC Category Exam Question

Which of the following characteristics is not an example of drug smugglers?

  1. extended travel without luggage
  2. luggage carried on back seat
  3. appears calm upon contact with officer
A

3. appears calm upon contact with officer

The correct answer is nervous

76
Q

HSC Category Exam Question

Which of the following is not a characteristic of a possible load car for narcotics?

  1. vehicle not registered to driver
  2. lug nuts or vehicle body screws and bolts appear to have been tampered with
  3. reliable vehicle with small capacity
  4. vehicle trim on the side of a pickup (for example) does not line up due to the lowering or raising the cab to accommodate false compartments
A

3. reliable vehicle with small capacity

The correct answer is large capacity

77
Q

HSC Category Exam Question

Rural areas in Texas are conducive to drug smuggling:

  1. small airports
  2. clandestine airports on private property
  3. farm-to-market highways are used as landing strips
  4. all of the above
A

all of the above

78
Q

HSC Category Exam Question

True or False

When interviewing potential suspects, they should be left together and then their asnwers compared.

A

false

Separate suspects and compare answers

79
Q

HSC Category Exam Question

Which of the following factor does not contribute to probable cause:

  1. Nervousness of suspect
  2. Proper identification
  3. Lack of registration and/or insurance
  4. Overall appearance of vehicle
A

2. Proper identification

The correct answer is lack of indentification

80
Q

HSC Category Exam Question

Which of the following factors does not contribute to probable cause:

Factors contributing to probable cause:

  1. Stories given by suspects match
  2. Driver states he does not have a key to trunk
  3. Vehicle appears to be heavily laden
  4. Pungent odor of certain controlled substances emanating from the vehicle
A

1. Stories given by suspects match

The correct answer - Stories given by suspects does not match

DCSO BPOC 144 (31 decks)

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