TEST Flashcards
Investigations relating to the deprivation of civil rights under color of law are usually conducted by the
FBI
Title 18, Section ______ is designed to protect people from the deprivation of their civil rights under the color of law
242
Problem solving method include which of the following
scanning
According to ___________, sheriff’s shall be elected by the qualified voters of each county
Art. 5, sec. 23 Texas Constitution
According to the commission rules, the license of any licensee who does not meet the legislatively required continuing education by the expiration date will _______.
Expire
In the case of an “exception to an offense”, the burden of proof lies with the ________.
Prosecuting attorney
A person is criminally responsible as a party to an offense if the offense is _______
Committed by his own conduct
What offense is committed when a person threatens to harm another, by an unlawful act, on account of their service as a witness or public servant?
Obstruction or retaliation
A person steals a credit car with the intent to use it. What offense has been committed?
Credit card abuse
A person (not the prostitute) who knowingly solicits another to engage in sexual conduct with another person (a prostitute) for compensation commits the offense of ______.
Promotion of prostitution
A person recklessly causes the death of an individual. what offense has been committed
Manslaughter
A license, certificate, permit, seal, title, letter of patent, or similar document issued by a government, by another state, or by the US is a _______.
government record
A person is in possession of a burning tobacco product in an elevator. what is the offense?
Smoking tobacco
Is failing to return to custody following a temporary leave for a specific purpose.
escape
the director of the DPS may appoint up to how many railroad peace officers.
250
which of the following Texas tribe are considered police officers
Alabama-Coushatta
Which of the following is not required in the written report to a law enforcement agency as it pertains to fraudulent use or possession of ID information
The method in which the information was used illegally
The Direction of DPS may appoint up to ________ especial rangers who are employed by the Texas and Southwestern Cattle Raisers Association.
50
Which of the following is not a duty or power of a peace officer
to suppress civil unrest
Persons found in suspicious places, and under circumstances which reasonably show that such persons are about to commit some offense against the laws may _________.
be arrested without a warrant
An officer must have ________ to believe the property is stolen to justify seizure of the property.
Reasonable ground
What is the actual forcible detention of a person and other coercive measures to detain him within certain limits?
Constructive custody
The US Supreme Court held that an arrest warrant authorizes police to arrest the subject of the warrant but does not authorize them to enter a third party’s home in search of that person.
Steagald v. US
Which of the following is not a defense to forfeiture.
Recorded lien on property
The punishment for contempt of court other than a justice court or municipal court is a fine of not more than $500.00 or confinement in the county jail for not more than ______ months.
6 months
According to the CCP, a magistrate may issue an order for emergency protection for a period of ______ to _______ days.
31-91 days
According to the FC, ______ means an act by an individual that is against another individual with whom that person has had a dating relationship and that is intended to result in physical harm.
Dating violence
Which of the following is one of the phases of a victim’s reaction to crime?
Recoil
Which of the following were not listed as a challenge and barrier to effective investigations of human trafficking
not enough funds
Before a violation for expired registrations exists, there is a _______ grace period after expiration.
5 working days
Unmarked crosswalk only exists __________
at intersections
an operator approaching a railroad grade crossing shall stop if a railroad engine approaching within approx. _____ feet of the highway crossing emits a signal audible from that distance.
1500 feet
An operator giving hand signals shall give them from _______
left side of the vehicle
what is the minimum light transmission percentage allowable for window tinting?
25
a buyer’s temporary cardboard tag is valid for _______ days after the date of purchase.
60 days
According to the institute of health and human potential defines __________ as “the ability to recognize, understand, and manage our emotions; and to recognize, understand, and influence the emotions of others”.
emotional intelligence
(The capacity to identify and manage one’s emotional state, as well as that of others….sensitive to emotional signals from within and from the social environment) is the foundation of effective communication for de-escalation.
emotional intelligence
__________ is the psychological identification with or vicarious experiencing of the feelings, thoughts, or attitudes of another. It is a dual-level of consciousness meaning, you are aware of their cognition/feelings and yours at the very same time.
Empathy
How many stapes are in the Critical Decision-Making model
five
Which of the following was not one of the uses of the critical decision making model in responding to and managing a critical incident.
Decision making
According to the Texas Penal Code, the use of force, but not deadly force, may be justified under special relationships. Which of the following is not one of those special relationships?
Doctor-Patient
PC 9.06, a person who uses force against another and is justified in using such force, may be______ liable.
civilly but not criminally liable
a person is justified in using deadly force against another ________.
if a reasonable person in the actor’s situation would not have retreated.
That degree of influence the officer must exert over the violator to take him or her safely into custody is known as_______.
Control
___________ are obstacles to effective communication, and officers should try to eliminate them if possible.
Constraints
Which of the following is NOT a consideration used by the courts to determine if unreasonable force was used?
Motivation for force
One of the greatest assets to use in dealing with a law violator is _________
self-control
What percentage of US adults suffer from a severe form of mental illness according to a report for the treatment advocacy center.
3 percent
Which of the following is not an event that results in a person feeling as though he/she is in a crisis situation.
spouse infidelity
legal difficulties
death of a loved one
getting lock out of house/car
spouse infidelity
Which of the following is not an area that is affected by significant cognitive decline.
attention
focus
language
social awareness
focus
A peace officer taking a juvenile into custody may dispose of the case without referral to the juvenile court if ___________.
The officer is following the guidelines of his/her department.
Weaponless strategies include
touching
What did the court case VONDRAK V. CITY OF LAS CRUCES pertain to?
Officers were not entitled to qualified immunity due to unduly tightening an arrestees handcuffs
When handcuffing two suspects together with one set of handcuffs, it is recommended to handcuff
right hand to right hand
During a processing of a crime scene, what potential problem should be taken into consideration when determining how an area will be searched?
Physical characteristics of the area to be searched
The object of a crime scene search is to locate physical evidence/witnesses to the crime under investigation and to _______________.
identify the type of crime and establish the elements of the crime
what is the body or substance of a crime called?
corpus delicti
a ____________ is more likely to resort to violence against a victim.
semi-professional thief
The legal significance of evidence rests in its influence of the
Juror
Every LE officer is a crime prevention officer by the technical definition as well as by the _______ responsibilities of the job.
moral
Speed, mobility, and visibility increase preventative potential, are advantages of ________ patrol.
automobile
When an officer is alone, more ________ is devoted to patrol functions and duties.
attention
Whenever a peace officer meets with resistance in discharging any duty imposed on him by law, he _______ commands a sufficient number of citizens of his county to overcome the resistance.
shall
Flexibility where the use of motorized vehicles is impractical, high visibility, and intense patrol are some advantages of ______.
bicycle patrol
Which of the following is not a criteria of requesting a silver alert.
The senior citizen is on medications needed to stay alive
Which of the following is not a criteria for entry when requesting a blue alert.
An offender has assaulted a peace officer and is at large
Patrol officers should practice the technique of refraining from using the word “ ____” during the violator interview while conducting vehicle stops.
I
Which of the following is not a type of dog aggression
dominant aggression
pack aggression
fear aggression
pain aggression
pack aggression
Which of the following is not part of the procedure for burns
applications of a medical grade gel designed for burns
get medical help and provide comfort
make sure the location is safe for you and the patient
cover the victim to prevent heat loss
applications of a medical grade gel designed for burns
The basic procedures for safeguarding lives at a CBRNE event should us the ________ acronym.
RAIN
The first P in PURPLE stands for _________
peak of crying
The “plain view doctrine” has to meet two prerequisites:
1- the officer must be lawfully present to see what is in seen, and
2- _______________________
it must be apparent to the officer that what they are seeing is contraband or somehow connected to criminal activity
Which of the following is correct concerning the limitation on prosecution for offense?
Theft by public servant - ten years
Burglary - ten years
manslaughter - twenty years
misdemeanor
Theft by public servant - ten years
The requirement that a person not be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a grand jury is contained in which amendment?
5th
Articles of confederation were?
our nation’s first constitution
What was the purpose of the First Continental Congress?
To petition England and for their rights
Which amendment to the constitution gives citizens the right to an attorney during criminal proceedings.
sixth amendment
The type of stress that our bodies handle best is_______
acute stress
A person attempting to be licensed as a peace officer must not ever been convicted of an offense above a ________ or a _______ misdemeanor within 10 years.
Class B Misdemeanor and Class B Misdemeanor
The national commission on law observance and enforcement (Wickersham Commission) reported in 1931 “the greatest promise for our future of policing is the:
college or university
Police professionalism was again an issue in the late 60’s when the president’s commission on LE and the administration of justice stated in 1967 that the ultimate aim of all police departments was for personnel with general enforcement powers to have:
baccalaureate degrees
TRAINING UNIT is
24 months (For TCOLE TEST PURPOSES)
TRAINING CYCLE IS
48 months (For TCOLE TEST PURPOSES)
A first degree felon offender with one prior felony conviction (other than a state jail felony) may be imprisoned for a minimum of:
fifteen years
The highest form of culpability is:
intentional
Impersonating a public servant is a:
felony of the third degree
A person commits “aggravated sexual assault” if the person intentionally or knowingly causes the penetration of the anus or female sexual organ of a child by any means, if the victim is:
younger than 14 years of age
In HAZMAT training, the initials MSDS stands for:
Material safety data sheet
The verbal Judo concept of “when words are no longer working” include(s):
Sometimes a person combines aggressive words and actions
when a suspect begins walking or running away, or when a person escapes from custody
when an officer is forced to repeat the same words or ideas over and over, the officer should conclude that the person is not being persuaded
All of the above
All of the above
a person commits an offense under section 25.07 penal code if, in violation of a condition of bond resulting from a court order, the person intentionally or knowingly.
commits family violence or communicates with a protected individual
When the object offense of criminal solicitation is a capital felony, at what level can the offense be punished?
1st degree
Which of the following is NOT a reason for preparing crime scene sketches?
to help interrogate the suspect
__________ is a behavior, often seen in autistic individuals, that is a sign that they may be excited or stressed.
stimming
Dr. Carol Morgan, PhD and Jim Glennon gave several communication blunders. As a rule, make eye contact _______ percent of the time.
60-70 percent of the time
Which of the following offenses is punishable as a state jail felony:
burg of coin operated machine
burg of a building - not a habitation
criminal trespassing of building - not a habitation
burg of a vehicle
Burglary of a building-not a habitation
a “bench warrant” is used to bring someone who is convicted of crime to a court as a witness
True
Once an abandoned motor vehicle has been impounded, the notice sent to the last owner informs him of his right to claim the vehicle within _______ days from the date sent.
20 days
an actor who commits the offense of aiding suicide (with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide) may be punished with what level of offense if the attempted suicide does not result in injury?
Class C
A subject is arrested for having a handgun in a backpack in the lobby of a dormitory on campus. He has no LTC under chapter 411 govt. code, and has committed _______ in the penal code.
a felony
This type of search is effective for indoor and outdoor scenes that have regular patterns or defined borders. This type of search also permits different types of searches in the different sectors.
Quadrant, sector or zone search
According to booking procedures and searches at a jail, if a female is wearing a dress, it must be raised so that waistband of undergarments can be searched.
true
Which of the following is not recommended traffic investigation equipment
Tape Measure (25 ft.)
In the line of duty, you fire your weapon at a person who is armed and in the imminent commission of robbery. One of your rounds kills the armed felon; however, a second round recklessly injures an innocent third person who was behind the suspect. Which of the following is true?
Officers have no defense in this situation and can face both criminal and civil litigation.
____________ refers to shared culture and background. Members of one of these groups usually have a common ancestry and generally share language, religion, and other cultural patters.
Ethnicity
what Texas Constitution article protects the freedom of worship?
Texas Constitution Article 1 sec. 6
According to the penal code, what offense, if any, is committed when a person obtains property which he knows is stolen?
Theft
A group of students stage a protest in the lobby outside the president’s office at their university. The students receive notice that they are being disruptive and that they need to leave the building. If the students fail to depart, what level of criminal trespass may they be charged with?
Class B Misdemeanor
True or False
According to the penal code Arson, it is a defense to prosecution under Subsection (a)(2)(A) that prior to starting the fire or causing the explosion, the actor obtained a permit or other written authorization granted in accordance with a city ordinance, if any, regulating fires and explosions…
TRUE
The U.S. Supreme Court in “Beck v. Ohio” says if subjective good faith alone (of _____________) were the test, the protection of the Fourth Amendment would evaporate, and the people would be ‘secure in their person, houses, papers, and effects’ only in the discretion of the police.
Probable Cause
Who has the duty to give information and render aid at the scene of a crash?
only drivers of involved vehicles
Which of the following is a proper designation for the impact point on a CRB Report?
BLQ
LRQ
LBQ
FRQ
LBQ
When directing traffic at an accident scene, points of greatest potential for traffic congestion include all of the following except:
Line of traffic threatening spillbacks into other lanes and intersections
longest line of traffic
all listed are correct
Vehicles inappropriately parked along the shoulder and median
Vehicles inappropriately parked along the shoulder and median
If a person has been previously convicted twice of VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE, OR STALKING CASE, the punishment can be enhanced from a Class A to a :
3rd Degree Felony
The highest Texas court to hear appeals of civil cases is?
Texas Supreme Court
CCP 2.12 tells us “who are peach officers in Texas” Based on this statute, which of the following officers would not be a “peace officer” under Texas law.
Municipal Park and Recreational Patrolmen and Security Officers
Constable
An officer designated by the secretary of homeland security
Deputy sheriff
An officer designated by the secretary of homeland security
According to Elliott Abrams in the Wall Street Journal from May 9, 2009, “First impressions matter. Experts say we size up new people in somewhere between ___________.
30 seconds to two minutes
Under Family Code 83.001, a temporary EX PARTE ORDER is valid for a period specified, not to exceed ________.
20 days
In a community policing model, what determines the success of police?
reduction in citizen fear
Criminal appeals from the county court are appealed directly to__________. (CCP 4.04 1&2)
Court of appeals
An arrest warrant is valid (CCP 15.01)
indefinitely until served or withdrawn by magistrate
True or False
An “I” statement gives the speaker responsibility for their part of the interaction, helps build rapport, and eases communication.
True
Trailers are not required to have any brakes, regardless of the speed they travel, until they exceed a GVWR of _________ pounds? (TC 547.401)
4500 pounds
When two officers are dealing with two people, the cover officer:
Hint: think officer safety
Assumes a position that allows for maximum visibility of the people and communicates any threat or hazard to the primary officer.
A student makes a telephone call to 9-1-1 and complains that his professor gave him an unfair grade on a test. This person has committed:
no offense
ASP Baton techniques, like other defensive techniques, are selected based on the ability of the technique to ______ versus _______.
control ——– injure
A LE officer may issue a filed release citation as provided by CCP Article 14.06 in a place of taking a child into custody for _________ only if the child is released to a parent, guardian, or custodian (CCP 45.058.g.1)
public intoxication
A pedestrian in a crosswalk facing a “WAIT” or “DON’T WALK” signal shall:
proceed to a sidewalk or safety island
When an actor commits the offense of Agreement to abduct from custody (the person agrees, for remuneration, to abduct a child younger than 18 years of age by force, threat of force, misrepresentation, stealth, or unlawful entry, knowing that the child is under the care and control of a person having custody or physical possession of the child under a court order) they can be punished with what level of offense?
State Jail Felony
The requirement to have parking lamps, described in Ch 547, Texas Transportation Code is applicable to:
Registered motor vehicles
_________ involves legal actions between to individual parties that may include individuals, corporations, associations or levels of government.
Civil Law
Which of the following is NOT a consideration used by the courts to determine if unreasonable force was used?
area in which offense occurred
Sources of the “secondary victimization” may include all of the following except:
The media
The criminal justice system
the victim
family, friends, or acquaintances
The victim
What Texas constitution article protects excessive bail, cruel and unusual punishment and due course of law?
Texas Constitution Article 1 Sec. 13
To check for a response from an infant, the rescuer should:
Tap the infant’s foot and shout the infant’s name
PSTD is a pathological anxiety that usually occurs after an individual experiences or witnesses severe trauma that constitutes a threat to the physical integrity or life of the individual or of another person. Which of the following statements are true in regards to PTSD?
People who survive severely traumatic events often have PTSD
in general, the worse or more enduring the trauma, lessens the likelihood of developing PTSD
People who survive severely traumatic events rarely have PTSD
People who survive severely traumatic events often have PTSD
All of the following are characteristics of Con-artist or Bunco Scheme, EXCEPT:
Usually work alone
prey on elderly
props used to carry out the scheme
non-violent tendencies
Usually work alone
(TIMs) the area of danger at the point between the blocking vehicle and moving traffic is commonly referred to as the: (example: cars passing in a lane next a lane that fire is loading a patient)
zero buffer
An affirmative defense to prosecution?
excuses criminal responsibility if the defense is proven by a preponderance of the evidence
Online solicitation of a minor (solicitation to meet in person) is a ______ degree felony, except that the offense is a ______ degree if the minor is younger than 14 (PC 33.021)
Third/second
Who was the first state to ratify the US Constitution
Delaware
Having an adverse judgment or opinion formed beforehand or without knowledge of or examination of the facts is __________.
Prejudice
________ is an organized and relatively unchanging combination of a person’s knowledge and feelings about someone, or something that influences him/her to behave in a certain way in regards to that person.
Attitude
According to Commission Rule 221.3, occupations code 1701.258, individuals first licensed after January 1, 2011 must complete the Basic Human Trafficking course within _________ of licensure.
second year
If the issue of existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by _____________.
Proof by preponderance of the evidence
The right to the officer to search the immediate area of control in a search incident to an arrest was affirmed in _________.
Chimel v. California
According to Penal Code 8.02 a mistake of fact is _____________.
a DEFENSE to prosecution
According to the Penal Code, which of the following is a “short barrel” firearm?
A shotgun with an overall length of less than 26 inches
also, with a barrel of less than 18 inches
According to PC 9.42, a person is justified in using deadly force against another when an to the degree he reasonably believes the deadly force is immediately necessary to ____________.
Prevent the other’s imminent commission of robbery
There are 3 major components to the criminal justice system. which of the following is not one of the three?
parole
correctional system
police
courts
Parole
CCP Art. 11.22 By “__________” is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.
Restraint
CCP Art. 11.21 By “____________” The words “confined”, “imprisoned”, “in custody”, “confinement”, “imprisonment”, refer not only to the actual, corporeal and forcible detention of a person, but likewise to any coercive measures by threats, menaces or the fear of injury, whereby one person exercises a control over the person of another, and detains him within certain limits.
Constructive Custody
Art. 24.11 ATTACHMENT. An ________________ is a writ issued by a clerk of a court under seal, or by any magistrate, or by the foreman of a grand jury, in any criminal action or proceeding authorized by law, commanding some peace officer to take the body of a witness and bring him before such court, magistrate or grand jury on a day named, or forthwith, to testify in behalf of the State or of the defendant, as the case may be. It shall be dated and signed officially by the officer issuing it.
An attachment
CCP 49.18 In Custody Death
Who investigates the death of a prisoner if he dies while in the custody of a jail?
The director of the agency in charge
Which two courts are the only courts that have concurrent jurisdiction in some offenses?
Municipal and Justice courts
______________ is a common law Latin phrase that translates to “body of the crime.” The phrase generally refers to the principle that no one should be convicted of a crime without sufficient evidence that the crime actually occurred.
Corpus Delecti
Which two courts do not have original jurisdiction for any offense?
Courts of Appeals and Court of Criminal Appeals
If a person dies while in the custody of a peace officer, a written report of the cause of death must be filed with ___________ and within __________ days.
Attorney General’s Office
Within 30 days.
What court can hear a death penalty case?
Court of Criminal Appeals
Writ of Sequestration is ___________.
pertains to property being kept until court determines otherwise.
Which of the following is not one of the The CCP’s objectives?
- To adopt measures for preventing the commission of crime;
- To exclude the offender from all hope of escape;
- To insure a trial with as little delay as is consistent with the ends of justice;
- To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal;
- To insure a fair and impartial trial; and
- The certain execution of the sentence of the law when declared.
All are objectives
A writ which commands the appearance of a person before a coroner’s inquest is called a :
Subpoena
__________ means that cases are referred first to the court.
Original jurisdiction
Shortest time limitation for felonies is how many years?
5 years
Which Texas courts has jurisdiction over all the misdemeanors involving official misconduct
district courts
Which culpable mental state is “ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur”?
Criminal negligence
(c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
(b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
Sec. 9.22. ________________ Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
Necessity
