TCOLE EXAM REVIEW 101 - 200
A person, intending to cause serious bodily injury to any individual, commits an act clearly dangerous to human life and the act caused the death of an individual.
Manslaughter
Murder
Negligent Homicide
Capital murder
Which of the following courts cannot grant a Writ of Habeas Corpus?
Court of Criminal Appeals
District Court
County Court
Justice Court
What is the time limit that a person may leave an unattended child younger than 7 years of age in a vehicle under otherwise reasonable conditions?
5 minutes
10 minutes
15 minutes
No length of time
None of the above
What force can a peace officer use to suppress a riot?
Any force that is necessary including excessive force
Just force that is required to suppress it and no more
Deadly force
Any force
Physical balance is the position that allows you the ability to move while maintaining balance, strength and _______.
Awareness
Attitude
Appropriate strategy
Advantage
The maximum speed on a beach during the daytime is:
15 mph
20 mph
25 mph
30 mph
35 mph
What percentage of a message is received due to the content of the message?
7%
33%
60%
97%
According to the Health and Safety Code, _______ means a principal compound commonly used or produced primarily for use in the manufacture of a controlled substance.
immediate precursor
Drug paraphernalia
Counterfeit substance
Raw material
According to the Code of Criminal Procedure, a written statement of a grand jury accusing a person of an offense is an _______.
Complaint
Indictment
Information
Affidavit
A male person is at a night club and looks in the girls' restroom to see if he can catch a glimpse at any partially clothed women. What offense has occurred?
Assault
Disorderly Conduct
Criminal Trespass - Building
Criminal Trespass - Habitation
None of the above
A motor vehicle used to transport persons and designed to accommodate more than 10 passengers, including the operator, is the definition of a _______.
Truck
Bus
Trailer
Ambulance
A person offers money to a witness in exchange for testimony that is otherwise correct if he just forgets to mention the second suspect that acted as the lookout. What offense has occurred?
Coercion of Public Servant
Improper Influence
Tampering with Witness
Retaliation
None of the above
Under article 14.06 of the Code of Criminal Procedure, how soon should a person be taken before a magistrate?
Immediately.
As soon as possible.
Without unnecessary delay.
When the arresting officer decides to take the person.
A man is walking down the street with his wife asking her if their children have been doing well. A valid protective order exists that states the man cannot go within 100 feet of his wife due to prior family violence. What offense has occurred?
Stalking
Violation of Protective Order
Assault - Contact
None of the above
A person is in the process of robbing a store when a customer enters and is shot and killed by the person. According to Penal Code, what is the most serious offense committed?
Criminal negligent homicide
Murder
Manslaughter
Capital murder
What are some indicators that verbal persuasion is no longer working while trying to maintain control of a situation?
A subject combines aggressive actions and words
A person runs away
A person complies with reasonable requests
All of the above
A and B only
The authority to search a vehicle incident to a lawful arrest comes from the _______ of an occupant of the vehicle.
Duress
Lawful arrest
Fourth amendment
Consent
Section 1.03 - Objectives of this Code, identifies six (6) objectives that are sought. #3 states: "To insure a trial with as little delay as possible.' Which Constitutional Amendment does this objective support?
First
Fourth
Fifth
Sixth
No amendment, just good ethical practice
A person intentionally or knowingly: requests, commands, or attempts to induce another person to engage in specific conduct that would constitute a capital or 1st degree felony.
Unlawful Solicitation
Criminal Attempt
Criminal Solicitation
Criminal Conspiracy
The "Illegal Per Se" law makes it an offense to operate a motor vehicle while _______.
Having a statutorily prohibited blood alcohol content
Under the influence of alcohol and/or drugs
Impaired by alcohol or drugs to the slightest degree
Incapable of safely operating a vehicle regardless of the cause
An affirmative defense to prosecution
Excuses criminal responsibility if the defense is proven to exist beyond a reasonable doubt
Establishes no defense for the accused in a criminal action
Creates a doubt about criminal intent
Excuses criminal responsibility if the defense is proven by a preponderance of the evidence
A juvenile can be finger printed regardless of age if arrested for a Class B misdemeanor offense or above for the purpose of:
Immediate comparison with latent fingerprints
Providing a complete report to the juvenile court
Keeping up with juvenile offenders on a local basis
Locating missing children
Who can arrest without warrant to prevent the consequences of theft?
Anybody
Only Peace Officers
Only Civilians
Only Magistrates
Only officers of the court
Under Article 2.12, which of the following is a legally designated peace officer?
District Attorney
Officer of a water-control district
Probation officer
Parole officer
According to Sec. 211.27 of the commission rules, when a person who holds a commission license or certificate is arrested, charged, or indicted for a criminal offense above the grade of Cass C misdemeanor or for any Class C misdemeanor involving the duties and responsibilities of office or family violence, that person must report such fact to the commission in writing within _______ days.
30
60
90
120
A man wearing only a mini skirt, fish net panty hose, and 4 inch heels is walking down the sidewalk of a major roadway during rush hour carrying a loaded shotgun slung over his shoulder. What offense has occurred?
Indecent Exposure
Disorderly Conduct - Exposure
Deadly Conduct
Unlawful Carrying Weapon
None of the above
That portion of the law which defines the personal and property right of individuals; the rights of an individual to seek redress or to prevent wrong defines;
Constitutional "rights" Law
Tort Law
Civil Law
Criminal Law
Case Law
Officer Rain Bow was called to the H.E.B. Upon arrival he met clerk Martha Sue who advised him that a subject (Sandra Smith) had picked up a bottle of Revlon Hair Spray which was priced at $11.50 and a can of Right Guard which was $1.50. Smith peeled the tag off of the Right Guard and she peeled the tag off the Revlon Hair Spray. Smith put the $1.50 tag from the Right Guard on the Revlon Hair Spray. Smith went to the check out counter where she paid only $1.50 for the Hair Spray. She was stopped by a store security officer and was arrested. What was Sandra Smith arrested for?
Fraudulent destruction, removal and concealment of writing
Theft by Tampering
Misapplication of property
Tampering with identification numbers
Pursuant to Art. 51.09 of the Family Code, a child may waive any rights granted him under Title 3 of the Family Code or the US or Texas Constitution, if:
The waiver is made by the child and the attorney for the child
The child and attorney waving the right are informed of and understand the right and the possible consequences of waiving it
The waiver is voluntary; the waiver is made in writing or in court proceedings that are recorded
All the above are correct
_______ is the state or quality of mind or spirit that enables one to face danger with self-possession, confidence, and resolution, bravery and valor.
Courage
Respect
Moral Courage
Physical Courage
According to the Transportation Code, a turn signal lamp mounted on the rear of a vehicle shaft shall emit _______ light.
Red or amber
Amber or yellow
Red or yellow
Red or white
Officer Casanova sees a pretty lady, stops her, and makes unwelcome sexual advances toward her. Officer Casanova committed what offense?
Abuse of Official Capacity
Official Oppression
Violations of Civil Rights
Improper attitude
No offense, pretty ladies are fair game
A signal of intent to turn, when required, must be given continuously for how long prior to reaching the point of turning?
50 ft
75 ft
100 ft
150 ft
500 ft
Which Amendment to the Federal Constitution speaks to a prohibition of "cruel and unusual punishments"?
1st
3rd
10th
8th
9th
The width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel is a:
freeway
Road
Lane
Highway
Roadway
Having an adverse judgment or opinion formed beforehand or without knowledge of or examination of the facts is _______.
Stereotyping
Attitude
Prejudice
Discrimination
A person intentionally kills a seven-year-old in the commission of a kidnapping.
Murder
Manslaughter
Criminally negligent homicide
Capital murder
_______ is the security given by the accused that he will appear and answer before the proper court the accusation brought against him.
In Re
Surety
Capias
Bail
Title 8 of the Texas Penal Code (chapters 36, 37 and 39):
Protects officers against frivolous law suits
Outlines the rights of individuals guaranteed by the Federal Constitution
Codifies certain illegal behaviors of public officials
Outlines Civil Service protections of law enforcement employees
Details the Police Officers' Bill of Rights
An aggressive act committed by any person, which does not amount to an assault is necessary to accomplish one's objective, is the definition of:
Public duty
Force
Deadly force
Justifiable
The six major categories of drugs does not include:
Stimulants
Narcotics
Hallucinogens
Dilutants
What are the two systems of field note taking:
Temporary; Permanent
Report; Court
Recall; Memory
Pen; Ink
A basic requirement of the "Plain View" doctrine is that:
Officer have probable cause to have been looking in that direction
Officer be in uniform
Suspect know the officer is looking at him
Officer must have a legal right to be where he is when evidence of a crime is observed
Suspicion by officer that something is wrong
According to CCP Art. 1.20, no person shall be convicted of treason except on the testimony of _______witnesses to the same overt act, or on confession in open court.
2
7
1
5
In the traditional police service model, most decisions are made at the management and mid-management level with little _______ involvement.
Citizen
City manager
Patrol
Specialized unit
A person commits what offense if he intentionally or knowingly leaves a motel without paying his bill of $65?
Theft
Robbery
Theft of Service
No offense, the motel will send him a bill by mail
Disorderly Conduct
An adverse judgement or opinion formed beforehand or without knowledge of or examination of the facts defines:
bias
Prejudice
ethnocentrism
Discrimination
Nazism
The scope of a warrantless search of an automobile is not defined by the nature of the container; rather, it is defined by the _______ of the search and the places in which there is _______ to believe that it may be found.
Contents; a possibility
Area; reasonable cause
Object; probable cause
Scope; reason
No vehicle shall at anytime be driven to the left of the roadway when approaching within _______ feet of an intersection.
50
100
250
200
According to Sec. 43.05 of the Penal Code, if a man makes a 16-year-old girl a prostitute, what offense has he committed?
Compelling prostitution
Aggravated promotion of prostitution
Promotion of prostitution
Prostitution
What is the most common form of prejudice?
Ethnic
Religious
Sexual orientation
Racial
Which of the following offenses will raise murder to capital murder?
Criminal Mischief
Robbery
Bribery
Aggravated Assault
Which of the following is the statute of limitation for robbery?
10 years
5 years
3 years
2 years
There is no limitation
You can frisk if there is _______ that the suspect may be in possession of a weapon.
Reasonable fear
Mere justification
Reasonable evidence
Mere suspicion
An adult who exposes his genitals, knowing that a 13 year old child is present, with intent to arouse or gratify the sexual desire of any person, should be filed on for _______.
Sexual abuse of a child
Indecency with a child
Public Lewdness
Indecent Exposure
Communication is:
The transfer of meaning
The nonverbal intention
Mental pictures
A suggestion
Evidence seized under the invalid search warrant but seized in good faith can
Not be used in court.
Be used in court only in the sentencing phase.
Still be used in court.
Be returned to the defendant.
Proper proof of insurance would require which of the following:
Vehicle identification number
Policy number
Expiration date
All of the above
None of the above
Which of the following is not among those items listed in Art. 1.03 of the CCP titled, "Objectives of this Code"?
Prevent crime
Prevent escape
Insure trial with little delay
Retribution
Officers have a duty to investigate
"Consent" is not effective if
induced by threat, fraud or force
Given by an intoxicated person
Given by a person with mental disease or defect
Any of the above
Omission means
Failure to act
Failure to include
To leave out an element of an offense
None of the above
Eat _______, in a relaxed pleasant place.
Slowly
Quickly
Salads
Vegetables
An officer responds to a call, finding a man shooting at other people. The officer is justified in using Deadly Force. However, when he returns fire, the officer recklessly kills an innocent third person. The officer may be filed on for _______.
Criminal Negligent Homicide
Manslaughter
Deadly Conduct
Murder
No Offense
Delinquent Conduct is conduct, including traffic offenses, that violates the Penal Laws of this State.
True
False
A juvenile is sitting on a picnic table in a public park. The juvenile writes his name on the bench with a Sharpie marker causing damage valued at $40. What offense has occurred?
Criminal Mischief - Misd C
Criminal Mischief - Felony
Graffiti - Misd B
Graffiti - Felony
None of the above
According to Sec. 217.11 Legislatively Required Continuing Education for Licensees, the legislatively required continuing education program for individuals licensed as peace officers shall consist of _______ hours of training.
40
80
60
20
Cruel and unusual punishment are prohibited by which amendment?
4th
5th
6th
8th
A _______ is a writ issued by the judge of a court having jurisdiction of a case after commitment or bail and before trial, or clerk at the direction of the judge, and directed to any peace officer of the State of Texas, commanding him to arrest a person accused of an offense and bring him before the court immediately, or at a term stated in the writ.
Warrant
Capias
Summons
Subpoena
Indictment
Which of the following is a necessary element of a lawful arrest?
Authority of arresting person
Arresting person must be a peace officer or reserve officer
Physical touching by an officer
Person arrested must have been the one who committed the offense
The following statement is taken from the CCP 11.21: "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 measure 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." This statement best defines which of the following:
Arrest
Restraint
Constructive Custody
Temporary
Effective Control
Traditionally police officers handle crimes:
Before they are committed
As they are committed
After they have been committed
When they can get to them
Harassment as defined by Penal Code 42.07 cannot occur if the communication is initiated by which of the following means?
In person
By telephone
In writing
By e-mail
None of the above
Joe takes a business client to the No-Tell Motel where he has arranged sexual entertainment for the evening. The next day, the client give Joe $500 for a wonderful evening. Joe gives the lady $200 and a $50 tip. What offense, if any, has been committed by Joe?
Prostitution
Promotion of Prostitution
Aggravated Promotion of Prostitution
Compelling Prostitution
Disorderly Conduct
Consider all _______ of an ethical problem.
Objective sides
Relevant sides
Values
Obligations
To drive any vehicle or combination of vehicles, with gross weight exceeding 26,001 lbs. And towed vehicle exceeding 10,000 lbs., requires a:
Class A CDL drivers license
Class B CDL drivers license
Class C drivers license
Class M drivers license
Class P CDL drivers license
Which of the following groups or persons does NOT fall under the jurisdiction of the Transportation Code while upon a roadway?
Motor vehicle
A person riding an animal
A person riding a bicycle
A motor-driven cycle
All of the above fall under the jurisdiction of the Transportation Code
The three learned professions are:
Law, medicine, divinity
Medicine, engineering, divinity
Law, medicine, engineering
Engineering, divinity, law
When two officers are directing traffic at an intersection, the officers should remember:
One officer should take the “lead roleâ€
Communication must occur between the two officers
Coordination between the two officers is important
All the above should be remembered
According to the Penal Code, _______ is failing to return to custody following a temporary leave for a specific purpose.
Unauthorized departure
escape
Evading arrest
Evasion
According to the Occupations Code, a person licensed as a peace officer must complete 40 hours of legislatively required continuing education training once every _______.
12 months
24 months
36 months
48 months
When Mr. Adams agrees with one or more persons to engage in a felony offense and one of them carries out the offense, Mr. Adams may be charged with
The offense itself
Criminal attempt
A misdemeanor
Criminal conspiracy
None of the above
States rights are enumerated in which amendment?
10th
14th
8th
9th
To intentionally or knowingly "abduct" another person is _______.
False imprisonment
Kidnapping
Aggravated kidnapping
Deadly conduct
None of the above
A person finds an open door to a residence. The person goes inside and discovers that nobody is home. The person looks for money or jewelry that he could take but gets scared and leaves without taking anything when a vehicle drives by. What offense has occurred?
Attempted Theft
Criminal Trespass - Habitation
Attempted Burglary - Habitation
Burglary - Habitation
None of the above
Any peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the officers presence or view, if the offense is:
A felony
Criminal mischief at night
An offense in progress
A misdemeanor
The objective of using control is to elicit ____________ from the violator.
Drugs
Cooperation
Power
Psychological edge
The person(s) who has/have the authority to appoint Adjunct Police Officers is/are the:
Director of the Department of Public Safety
Executive Director of TCLEOSE
President of the institution of higher education
Sheriff or chief of police
Objectivity involves the _______ without distortion by personal feelings or prejudices.
Expression or use of facts
Use of Ethics
Use of Professionalism
None of the above
Within the traditional police service mode, most decisions are made at the management and mid-management level with little _______ involvement.
Citizen
Commissioner
Court
Supervisor
_______ is a written statement of a grand jury accusing a person therein named of some act or omission which, by law is declared to be an offense.
Capias
Indictment
Subpoena
Warrant
According to the Code of Criminal Procedure, a _______ is an order issued by a judge directed to anyone having a person in their custody, commanding them to produce such person and show why they are in custody.
Writ of sequestration
Writ of attachment
Writ of habeas corpus
Remander of custody
According to the Code of Criminal Procedure, whenever a peace officer meets with resistance in discharging any duty imposed on him by law, he _______ command a sufficient number of citizens of his county to overcome the resistance.
May
Shall
Can
Will
Eat enough calories to attain and _______ desired body weight.
Increase
Maintain
Decrease
Change
According to the Transportation Code, a _______ is the width between the boundary lines of a publicly maintained way, any part of which is open to the public for vehicular traffic.
Freeway
Highway or street
Roadway
Throughway
According to the penal code statues, how many persons constitute a "riot"?
4
5
6
7
8
According to the Transportation Code, a person has a disability if they have a _______ that substantially impairs the person's ability to ambulate.
Mobility problem
Immobility problem
restricted movement
Unrestricted movement
Who of the following are peace officers in the state of Texas?
Officers of the Alcoholic Beverage Commission (ABC)
Officers commissioned by a public junior college
Stewards and judges employed by the Texas Racing Commission
Officers commissioned by the Texas Board of Pharmacy
All of the above
A nutrition plan should include strategies for:
A healthy diet
Calorie control
Reducing fat and cholesterol
Reducing sodium
All of the above
Which of the following is an advantage of a rear approach?
Vulnerable to resistance
Element of surprise
Cannot see hands
May provoke physical response
Which of the following offenses is punishable by the death penalty?
While operating a motor vehicle under the influence of intoxicating substances, a person causes the death of another person.
A person is negligent in operating a motor vehicle and as a result of this negligence causes the death of a person.
A person intentionally kills another human being in the heat of sudden passion due to an adequate cause.
A person pays another person to kill a business partner.
A person intentionally and knowingly helps a person commit suicide.
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