MID TERM EXAM STUDY GUIDE
Which amendment addresses freedom of speech?
1st
2nd
3rd
6th
Which amendment says "No warrant shall issue but upon probable cause"?
3rd
5th
4th
7th
Which amendment says, "No person shall be held to answer for a capital, or otherwise infamous crime (meaning felony), but on presentment or indictment of a Grand Jury"?
4th
8th
5th
9th
According to the _______ Amendment of the U.S. Constitution, powers not specifically reserved to the Federal Government are reserved to the States.
9th
10th
8th
6th
Cruel and unusual punishment are prohibited by which Amendment?
8th
5th
7th
9th
The 5th Amendment to the U.S. Constitution gives citizens protection from:
Cruel and Unusual Punishment
Housing Soldiers
Double Jeopardy and Self Incrimination
All of the above
The 6th Amendment to the U.S. Constitution:
Speedy Trial
Cruel and Unusual Punishment
Self Incrimination
Double Jeopardy
The _______ Amendment limits the level of force that may be used to reasonable force.
3rd
2nd
4th
7th
Which Case Law extended the Exclusionary Rule to evidence not only directly obtained as a result of unconstitutional police behavior, but also evidence indirectly obtained?
Mapp v Ohio
Tennessee V Garner
Marbury v. Madison
None of the Above
Which Case Law established the "plain feel" doctrine?
Schenck v. United States
Minnesota vs. Dickerson
Miranda v. Arizona
None of the Above
Which court case affirmed a person’s right to free speech?
Miranda V Arizona
Duran vs City of Arizona
Mapp V Ohio
Matt said it's Duran vs City of Arizona, so if you get this one wrong, that's why.
You can frisk if there is ________________ that the suspect may be in possession of a weapon.
Probable Cause
Reasonable Suspicion
Reasonable Cause
All of the above
The right to have an attorney present during questioning was affirmed by:
Miranda v Arizona
Brown v. Board of Education
McCulloch v. Maryland
Terry V Ohio
In U.S. vs Carroll, the Supreme Court upheld an officer’s right to search a vehicle’s trunk when the officers have
Reasonable suspicion
Probable cause
Mere suspicion
The right of the officer to search the immediate area of control in a search incident to arrest was affirmed in:
Chimel v. California
Miranda v Arizona
Terry V Ohio
According to the Penal Code, ____________ is failing to return to custody following a temporary leave for a specific purpose.
Custody
Escape
Arrest
None of the above
According to the Penal Code, a license, certificate, permit, seal, title, letter of patent, or similar document issued by a government, by another state, or by the United States, is a
Court Record
Either government or court record
Government record
None of the above
According to the Penal Code, ____________ is failing to return to custody following a temporary leave for a specific purpose.
Escape
Custody
Arrest
None of the above
According to the Penal Code, a mistake of fact is
Not a defense to prosecution
A defense to prosecution
According to the Penal Code, a person acts _____________, with respect to the nature of their conduct, when it is the conscious objective or desire to engage in the conduct or cause the result.
Knowingly
Recklessly
Intentionally
With Criminal Negligence
According to the Penal Code, a person is justified in using deadly force against another when and to the degree he reasonably believes the deadly force is immediately necessary to
To protect the actor against the other's use or attempted use of unlawful deadly force
to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
All of the above
None of the above
What type injury must be proven to constitute the offense of Intoxication Assault?
Bodily injury
Serious bodily injury
Anything that defines assault
All of the above.
According to the Penal Code, section 2.02, which of the following individuals "must negate" the existence of an exception in the accusation charging the commission of an offense, and prove beyond a reasonable doubt that the defendant's conduct does not fall within the exception?
Defense Attorney
Prosecuting Attorney
The jury
None of the above
Insanity is:
An affirmative defense to prosecution
Not an affirmative defense to prosecution
According to the Penal Code, a person is justified in using deadly force against another:
If a reasonable person in the actors situation would not have retreated
When the person is upset and wants to take someone out.
When someone is honking behind them at a red light
No person ever has the right to use deadly force.
According to the Penal Code, a person who intentionally operates or participates in the earnings of a gambling place has committed the offense of
Gambling promotion
Keeping a gambling place
Engage in bookmaking
None of the above
According to the Penal Code, a person who knowingly solicits another to engage in sexual conduct with another person for compensation commits the offense of:
Prostitution
Promotion of Prostitution
Solicitation of a mnor
None of the above
According to the Penal Code, a person who uses force against another may be ________ liable, if the force is justified.
Civially
Criminally
According to the Penal Code, a public servant acting under color of office or employment commits the offense of Official Oppression if the public servant:
INTENTIONALLY SUBJECTS ANOTHER TO SEXUAL HARASSMENT
Intentionally subjects another to sexual harassment
InTeNtIoNaLlY SuBjEcTs AnOtHeR tO sExUaL hArAsSmEnT
All of the above
What is the culpable mental state required for a person to commit the offense of Manslaughter?
Intentionally
Knowingly
Recklessly
With Criminal Negligence
According to the Penal Code, all persons are presumed to be innocent, and no person may be convicted of an offense unless each element of the offense is proven
Beyond a reasonable doubt
By a witness
By the court
None of the above
According to the Penal Code, an amount of force used that is intended or known by the actor to cause, or in any manner of its use or intended use is capable of causing death or serious bodily injury is:
Force
Deadly Force
Either A or B
None of the above
According to the Penal Code, conduct merely affording a person an opportunity to commit an offense does not constitute:
Escape
Detainment
Entrapment
None of the above
According to the Penal Code, deadly force is NOT justified to:
Prevent the other from committing suicide.
Prevent the other from inflicting serious bodily injury to himself
Kill kittens
Both A & B but not C
A person abducts a child and demands a ransom for the child’s release. The person gets scared and releases the child unharmed. According to the Penal Code, what is the most serious offense committed?
Kidnapping
Aggravated kidnapping
Sale or purchase of a child
None of the above
A person breaks into an attached garage, breaks into a vehicle parked in the garage and steals a $1500 computer from the back seat. According to the Penal Code, what is the most serious offense committed?
Burglary of a Habitation
Burglary of a vehicle
Theft
Robbery
According to the Penal Code, even though an actor is justified in using deadly force against another, if in doing so he recklessly kills an innocent third party, the justification is ____________ in a prosecution for the reckless killing of the innocent third party.
Available
Unavailable
Owed
Entitled
According to the Penal Code, the use of force, but not deadly force, against a child younger than ______ years of age is justified if the actor is the child’s parent.
21
17
18
16
According to the Penal Code, what is an affirmative defense to prosecution that the actor was compelled by threat of serious bodily injury to engage in the proscribed conduct?
Duress
Insanity
Mistake of fact
None of the above
According to the Penal Code, 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
Assault
Harm
None of the above
According to the Texas Penal Code, a person commits the offense of theft if they _________ appropriate property with intent to deprive the owner of the property.
Lawfully
Unlawfully
A person causes an explosion with intent to destroy or damage, and is reckless about whether the explosion will endanger the life of some individual. According to the Penal Code, the person has committed the offense of:
Arson
Criminal mischief
Graffitti
None of the above
A person engaged in sexual contact with a child younger that 17 years of age, who is not their spouse, and is more than 3 years older than the child. According to the Penal Code, the person has committed the offense of:
Public lewdness
Indecent exposure
Indecency with a child
Sexual assault
A person enters the County Commissioner’s Court meeting and begins to shout obscenities. According to the Penal Code, that person has committed the offense of:
Riot
Disrupting meeting or procession
Public nuisance
None of the above
A person intentionally or knowingly abducts another person with the intent to use them as a shield or hostage. According to the Penal Code, the person has committed the offense of
Kidnapping
Aggravated Kidnapping
Trafficking of Persons
Smuggling
A person intentionally or knowingly abducts another person. According to the Penal Code, the person has committed the offense of
Aggravated kidnapping
Kidnapping
A person intentionally or knowingly causes the death of an individual. According to the Penal Code, the person has committed the offense of
Manslaughter
Murder
Capital murder
None of the above
A person intentionally or knowingly restrains another person. According to the Penal Code, the person has committed the offense of
Unlawful restaint
Kidnapping
Unlawful arrest
None of the above
A person intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse. According to the Penal Code, the person has committed the offense of
Assault
Aggravated assault
Bodily injury
None of the above
A person is in possession of a burning tobacco product in an elevator. According to the Penal Code, what offense has been committed?
Smoking tobacco
Unpermitted use of tobacco
According to the Penal Code, in order to prove a case of public intoxication, a person must:
Appear in a public place while intoxicated to a degree that person may endanger himself/herself or another
See an open container in the vehicle
Know that the person had the intent to get wasted in public later
None of the above
According to the Penal Code, the threat of force is justified only when:
You want to scare someone
The use of force is justified
When coach is on my ass during PT
None of the above
According to the Penal Code, the use of force against another when and to the degree they reasonably believe the force is immediately necessary to protect themselves against the other’s use or attempted use of unlawful force, is justified as
Self-defense
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 the Penal Code, what is the most serious offense committed?
Murder
Robbery
Capital Murder
Manslaughter
A person knowingly causes serious bodily injury to another in the course of committing theft. According to the Penal Code, what is the most serious offense committed?
Robbery
Assault
Aggravated Assault
Aggravated Robbery
A person knowingly prevents a writ from being served in a civil case. According to the Penal Code, the person has committed the offense of
Disrupting
Preventing execution of civil process
Official oppression
None of the above
A person operated an Amusement ride while intoxicated, and by reason of that intoxication causes the death of another by accident or mistake. According to the Penal Code, the person has committed the offense of
Manslaughter
Intoxication manslaughter
Murder
Criminal negligence
A person recklessly causes the death of an individual. According to the Penal Code, the person has committed the offense of
Murder
Manslaughter
Homicide
None of the above
A person removes a $450 price tag from a retail item, replaces it with a $200 price tag and pays the lower price. According to the Penal Code, the person has committed the offense of
FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT OF WRITING.
THEFT
ROBBERY
FORGERY
A person retains a child younger than 18, knowing that this violates the express terms of a judgement. According to the Penal Code, what offense has been committed?
Kidnapping
Harboring a runnaway
Interference with child custody
None of the above
A person steals a credit card with the intent to use it. According to the Penal Code, the person has committed the offense of
Credit or Debit card abuse
Theft
Robbery
None of the above
A person who, in the course of committing theft, intentionally, knowingly, or recklessly causes bodily injury to another, or places another in fear of imminent bodily injury or death, has committed what offense?
Aggravated robbery
Robbery
Burglary
None of the above
A person, not the operator, knowingly possesses an open container (of alcohol) in a passenger area of a motor vehicle that is located on a public highway. According to the Penal Code, the person has committed the offense of
Possession of alcoholic beverage in motor vehicle
Open container
Public intoxication
None of the above
Characteristics of the police subculture are
Curiosity
Suspiciousness
Solidarity
Secrecy
Political and social conservatism
Cynicism
Social isolation
Authoritarian approach to control, conformity Support during difficult/stressful time
All of the above
The Commission requires a minimum of _______ rounds for basic handgun qualification?
5
25
50
75
A police supervisor has a/an ___________ duty to intervene to stop officers who are engaging in excessive force in their presence.
Affirmative
Defensive
Moral
None of the above
According to Commission Rules, if a current license holder is arrested for any offense above a Class C Misdemeanor, the license holder shall report the facts of the arrest to the Commission in writing within
30 days
60 days
90 days
120 days
According to Commission Rules, the license of any licensee who does not meet the legislatively required continuing education by the expiration date will
Expire
Automatically renew
Neither A or B
According to Commission rules, if a licensee’s name is changed for any reason, such as marriage, divorce, or other court action, the change must be reported to the commission within _______ days.
30
60
90
120
According to the Occupations Code, a person licensed as a peace officer must complete 40 hours of Legislatively required continuing education training once every
6 months
12 months
24 months
36 months
Having adverse judgement or opinion formed beforehand or without knowledge of or examination of facts is
Prejudice
Bias
Stereoptying
None of the above
According to the Code of Criminal Procedure, what is the term for a written order from a magistrate, directed to a peace officer, commanding them to take the person accused of an offense, to be dealt with according to law?
Arrest warrant
Search warrant
Supeona
None of the above
According to The Code of Criminal Procedure the limitation for presenting an information or indictment for any Class A or B misdemeanor is:
1 year
2 years
3 years
5 years
According to The Code of Criminal Procedure felony indictments on offenses not specifically addressed in Chapter 12 of The Code of Criminal Procedure may not be presented after:
3 years
4 years
2 years
5 years
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 centori
Writ of habeas corpus
Writ of sequestration
None of the above
According to the Code of Criminal Procedure, a citizen may, without a warrant, arrest an offender when the offense is committed in their presence or view for a:
A misdemeanor
A felony
Either A or B
None of the above
According to the Code of Criminal Procedure, a magistrate may extend the detention period on a person who is arrested in the prevention of family violence by a period not to exceed ________ hours.
36 hours
24 hours
48 hours
72 hours
According to the Code of Criminal Procedure, a peace officer _______ arrest, without a warrant, the person the peace officer has probable cause to believe has violated a protective order, if the offense is committed in the presence of the peace officer
Shall
Shall not
May
May not
According to the Code of Criminal Procedure, a peace officer from another state may pursue a fleeing person into Texas and arrest them there, if the person is suspected of committing:
A class C misdemeanor
Class A misdemeanor
Class B misdemeanor
A felony
According to the Code of Criminal Procedure, a peace officer may arrest, without a warrant, when a felony or breach of the peace has been committed in the presence or within view of a ______________, and such person verbally orders the arrest of the offender.
Magistrate
Civilian
Doctor
Attorney
According to the Code of Criminal Procedure, a peace officer may break down the door of any house for the purpose of making an arrest if he has been refused admittance after giving notice of his authority and purpose under which of the following circumstances?
Class A misdemeanor
Class B misdemeanor
Class C misdemeanor
Felony
According to the Code of Criminal Procedure, a peace officer may request a magistrate’s order of emergency protection at a defendant’s appearance before a magistrate after an arrest for
Any offense
Harrassment
An offense involving family violence
Assault
According to the Code of Criminal Procedure, a peace officer or any other person may, without a warrant, arrest an offender when the offense is committed within their presence or view if the offense is classified as
An offense involving family violence
Assault
Robbery
None of the above
According to the Code of Criminal Procedure, a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim of all reasonable means to prevent further family violence, including:
Making an arrest without warrant
Calling in assistance from domestic violence experts
Giving written notice of a victims legal rights
Giving written notice of the offender's legal rights
According to the Code of Criminal Procedure, a person is arrested when the person has been:
When he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.
When he has NOT been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.
According to the Code of Criminal Procedure, a search warrant is a written order, issued by a magistrate and directed to a peace officer, commanding him to:
Magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order.
According to the Code of Criminal Procedure, a written statement of a grand jury accusing a person of an offense is a/an:
Complaint
Indictment
Information
None of the above
According to the Code of Criminal Procedure, a written statement that is filed and presented on behalf of the State of Texas by a district attorney that charges a person with an offense that may be prosecuted according to law is called a/an:
Indictment
Information
Complaint
None of the above
According to the Code of Criminal Procedure, an affidavit made before a magistrate charging the commission of an offense is called a/an:
Indictment
Information
Complaint
None of the above
According to the Code of Criminal Procedure, an officer must have _____ to believe the property is stolen to justify seizure of the property.
Reasonable suspicion
Mere suspicion
Probable cause
None of the above
Reasonable ground
According to the Code of Criminal Procedure, appeals from the Justice Court are heard by the __________ Court.
County
Justice of the Peace
Civil
None of the above
According to the Code of Criminal Procedure, if a _________ from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, he is not subject to arrest or the service of civil or criminal process because of any act committed prior to his arrival in this state under the order.
Suspect
Witness
Police officer
None of the above
According to the Code of Criminal Procedure, the Court of Criminal Appeals does not:
Review the decisions of criminal cases
Review the decisions of civil cases
Both A & B
None of the above
According to the Code of Criminal Procedure, the ___________ courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed 500 dollars.
County
Justice
Civil
None of the above
According to the Code of Criminal Procedure, the security given by the accused that he will appear and answer before the proper court the accusation brought against him is known as:
Promissary
Bond
Commitment
None of the above
Bail
According to the Code of Criminal Procedure, the time allowed for the execution of a search warrant shall be _____ whole days, exclusive of the day of issuance and the day of its execution.
1
2
3
4
5
According to the Code of Criminal Procedure, what information should the arresting officer collect from a victim of family violence, at the time of the arrest, to allow for an attempt to give personal notice to that victim of the imminent release of the accused offender?
Driver's license number
SS # and DL #
# on the protective order
Address and Phone #
According to the Code of Criminal Procedure, what is a law enforcement-initiated action based on an individual’s ethnicity or national origin rather than the individual’s behavior called?
Discrimination
Racial Profiling
Sterotyping
None of the above
According to the Code of Criminal Procedure, what is a writ issued by a court clerk directing any peace officer in that state, commanding him to arrest a person accused of an offense and bring him before that court immediately called?
Delicti
Capias
Copias
Centori
According to the Code of Criminal Procedure, what is the actual forcible detention of a person and other coercive measures to detain him within certain limits?
Constructive custody
Deconstructive custody
Time of arrest
None of the above
According to the Code of Criminal Procedure, which court has original jurisdiction over all felony cases?
County court
District court
Texas supreme court
None of the above
According to the Code of Criminal Procedure, which of the following is NOT a use of force option for dispersing a riot?
According to the Code of Criminal Procedure, occurring in the presence of an officer, requires an arrest, even without a warrant
Any degree of force
Command the group to disperse
arrest the persons involved with a warrant
Arrest the persons involved without a warrant
According to the Family Code, __________ means an act by an individual that is against another individual with who that person has had a dating relationship and that is intended to result in physical harm.
Dating violence
Family assault
Indecency
None of the above
According to the Family Code, __________ means the adult with whom the child resides.
Custodian
Friend
Authorized Representative
Guardian
Parent
According to the Family Code, _____________ is an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault.
Violence
Assault
Domestic violence
Domestic assault
According to the Family Code, a child is defined as a person who is at least ______ years of age and under 17 years of age.
Under 18 years old
Under 17 years
Both A & B
Older than 10 years
Older than 1 year
According to the Family Code, a child who is accused, adjudicated, or convicted for conduct that would not, under State Law, be a crime if committed by an adult is a/an:
Juvenile offender
Status Offender
Delinquent conduct
Delinquent Offender
According to the Family Code, a protective order is effective for the period stated in the order, not to exceed
1 year
2 years
3 years
5 years
According to the Family Code, conduct that violates section 106.041, Alcoholic Beverage Code, relating to driving under the influence of alcohol by a minor, (third or subsequent offense), is what type of conduct?
Delinquent conduct
Status Offender
Juvenile Conduct
None of the above
According to the Family Code, the duty of a parent to support his or her child exists while the child is a/an:
Unemancipated minor
Minor
Unemancipated juvenile
None of the above
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
adulterant or dilutants
According to the Health and Safety Code, a substance that has an addicting or addiction sustaining liability similar to morphine or is capable of conversion into a drug having an addiction forming or addiction sustaining liability is classified as a/an:
Marihuana
LSD
Depressant
Opiate
According to the Health and Safety Code, before a peace officer may take a person believed to be mentally ill into custody without a warrant, the officer’s belief must be based on all of the following except:
Personal observation
Epresrentation of a credible person
Request of a person
Circumstances under which the person is found
According to the Health and Safety Code, inhalant paraphernalia seized as a result of an offense is subject to:
Summary Forfeiture
Class A misdemeanor
Abusable volatile chemical
None of the above
According to the Family Code, a child may be detained in a juvenile processing office only for:
Up to 6 hours
5 hours
Up to 4 hours
2 hours
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