TCOLE EXAM REVIEW 501-568

PC 31.03 A person is visiting at a relative's residence. The person notices a revolver worth $600 in a drawer in the end table in the living room. When the relative leaves the room for a moment, the person steals the revolver. What offense has occurred?
Theft - $500-$1500
Theft - Firearm
Burglary - Building
Burglary - Habitation
None of the above
According to the Code of Criminal Procedure, the Court of Criminal Appeals does NOT _______.
issue writs of habeas corpus
hear cases involving the death penalty
Review decisions of civil cases
review decisions of criminal cases
A person pick-pockets a wallet out of a woman's purse hung over her shoulder as she is looking away. The purse and its contents were valued at $90. What offense has occurred?
Theft - $50-$500
Theft - from Person
Robbery
Aggravated Robbery
None of the above
Which of the following is considered a risk factor in the physical process of arrest?
Weather conditions
V formation
Supportive spectators
Officer's equipment
Reasonable force can be used to effect an arrest when the officer has
Reasonable suspicion
Probable cause
Mere suspicion
Bad attitude
None of the above
_______ means to deliver a controlled substance other than by administering or dispensing the substance.
Direct
Disseminate
Distribute
Deliver
A person reaches through an open car window and takes a music CD worth $15. What offense has occurred?
Theft < $50
Theft from Vehicle
Criminal Trespass - Vehicle
Burglary - Motor Vehicle
None of the above
The limitation on indictment in misdemeanor cases, from the date of the commission of the offense, is which of the following:
6 months
1 year
2 years
3 years
5 years
According to CCP Art 1.24, the proceedings and trials in all courts shall be _______.
Privileged information
Recorded
Notarized
Public
_______ means assent in fact, whether express or apparent.
Conduct
Consent
Act
Offense
A person is walking through an apartment complex parking lot looking into vehicles at 3am in the morning. When contacted by police, he is wearing rubber gloves and holding a car entry tool (slim jim). What offense has occurred?
Possession of Criminal Instrument
Attempted Burglary of Motor Vehicle
Criminal Trespass
Burglary of Motor Vehicle
None of the above
Chapter 5 of the CCP, "Family Violence Prevention", specifically states that:
There is no exception for police officers to ignore an incident of family violence because of a family relationship
There is an exception for police officers to ignore an incident of family violence because of a family relationship.
There is sometimes an exception for police officers to ignore an incident of family violence because of a family relationship.
Not every incident of family violence must have a report made by the responding officer.
Does not address the subject of family violence.
Conduct merely affording a person the opportunity to commit an offense does not constitute entrapment.
True
False
A person justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against anothers use or attempted use of unlawful force best describes
Defense of third person
Self defense
Deadly force in defense of a person
Deadly force in defense of a third person
All of the above
When two officers are interviewing one subject, the second officer's position should be _______?
Directly behind the primary officer
Directly behind the subject
To the right or left ahead of the primary officer
To the right or left of the subject
A protective order is valid for what period of time?
30 days
For the period stated in the order not exceed 2 years
12 months
60 days
Deceptive police practices are
Acceptable for surveillance.
invalid if used to supply motive.
Invalid if used to provide criminal opportunity
All of the above.
Dopey Dufess remained hidden in a washroom until the department store closed with the intent to steal a necktie worth $3.00. He has committed: (choose the best answer)
Burglary
Criminal Trespass
Criminal mischief
Theft class C
The Fourth Amendment deals with which of the following:
Right to keep and bear arms
Right not to testify against yourself
Protection against unreasonable search & seizure
Double Jeopardy
Freedom from excessive bail
Holding a person for a person for a limited time, but who, as yet, is not answerable to a criminal offense defines:
Probable cause
Reasonable suspicion
Suspicion
Temporary Detention
An arrest
An organized and relatively unchanging combination of a persons knowledge and feelings about someone or something, that influences him, or, her to behave in a certain way, in regard to that person or thing, defines:
Race
Ethnicity
Prejudice
Attitude
Ethnocentrism
Unauthorized use of a vehicle is a state jail felony if a person intentionally or knowingly operated another person's _______ without effective consent.
Boat
Airplane
Motor-propelled vehicle
All of the above
None of the above.
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.
3
4
5
6
A person causes an explosion with the intent to damage a vehicle to collect insurance money. Which offense has been committed?
Reckless Conduct
Criminal Mischief
Terroristic threat
Arson
According to Article 2.12 of the Code, which of the following is not a peace officer?
Reserve deputy
Border Patrol agent
Texas game warden
Railroad peace officer
Who has the legal right to use force to discipline a child?
Parent
Step-parent
School principal
Guardian
All of the above
According to Sec. 8.01 of the Penal Code, it is an affirmative defense to prosecution that at the time of the conduct charged the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong. This general defense is called:
Insanity
Mistake of fact
Duress
Mistake of Law
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 felony
a misdemeanor punishable by jail
A state jail offense
A capital offense
Which of the following indicate that words are no longer working as a force option?
No apparent long term solution
Unreceptive to alternatives after repeated appeals.
When profanity is directed at the officer
Different ethical standards exist
A search warrant issued on the 10th of July, 2009, is valid for how long:
Until July 12, 2009
Until July 14, 2009
Until July 15, 2009
Until July 17, 2009
Until the end of the month
According to the Transportation Code, an operator passing another vehicle shall return to an authorized lane of travel before coming within _______ feet of an approaching vehicle, if a lane authorized for vehicles approaching from the opposite direction is used in passing.
50
100
150
200
In processing a delinquent offender, the juvenile must:
Be taken to a central booking facility
Be sight and sound separated from adult offenders
Have bond set
Be held six hours in an unlocked processing room
A defendant may waive any rights in any case except:
Class A Misdemeanor
Murder
State jail felony
Capital felony
Which of the following is not a consideration for points of greatest potential congestion.
The longest line of traffic
The line of traffic threatening spillbacks into other lanes and intersections
The speed of the roadway
All the above are considered greatest potentials
The sheriff is the conservator of peace and has county wide jurisdiction.
True
False
A commitment is a court order
to place an accused in jail.
Ordering an accused released from custody.
Granting an appeal.
No longer issued in Texas.
A physical symptom of stress can be.
Backaches
Headaches
Neck pain
Arthritis
The role of the peace officer includes enforcing laws in an impartial manner and supporting the concept that all persons, including criminal justice personnel, are equally subject to the law and will be treated equally by it.
True
False
According to the Transportation Code, an operator may not drive at a speed greater than is reasonable and _______ under the circumstances existing.
Safe
lawful
prudent
excessive
The condition of the body which enables an individual to use his, or, her body in activities requiring balance, speed and power, without undue fatigue or exhaustion best describes
Wellness
Optimal well-being
Dynamic strength
physical fitness
body composition
A peace officer who is outside his territorial jurisdiction is authorized to make warrantless arrests for:
Any offense which is committed within his presence or view, but he must, immediately after the arrest call the police.
Any offense which is committed within his presence or view.
Only felonies.
Any felony or a violation of any of the disorderly conduct statues committed within his presence or view, but then he shall call the local police immediately after the arrest.
Any criminal offense.
_______ means the mother or the father of a child, but does not include a parent whose parental rights have been terminated.
guardian
Caretaker
Parent
Custodian
_______ is the minimum amount of lawful aggression sufficient to achieve a legitimate law enforcement objective.
Reasonable force
Necessary force
Deadly force
Both Reasonable and Necessary force
_______ generally refers to groups of people with common ancestry and physical characteristics.
Culture
Discrimination
Race
Ethnicity
Which court(s) hear class A & B Misdemeanors?
Court of Criminal Appeals
Court of Appeals
District Courts
County Courts
J.P. & Municipal Courts
Mayor Joe Bob, of Rosenberg, a city in Fort Bend County, issues an arrest warrant for Clyde. The warrant is for a felony. Rosenberg officers find Clyde at home. However, his house is in the Houston city limits that extend into Fort Bend County. Clyde's arrest is
Legal - the warrant is executed in the issuing county
Illegal - Rosenberg officers have no jurisdiction in Houston
Legal - a criminal was apprehended
Illegal - Only county peace officer may arrest with a warrant
I dunno
Every vehicle upon a highway within this State at any time from a half hour after sunset to a half hour before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of _______ feet ahead shall display lighted lamps and illuminating devices as required.
200
500
750
1000
Of the many requisites of an arrest warrant, which of those listed is not a requisite?
The date the warrant is issued.
It conclude, against the peace and dignity of the State
The issuing magistrates signature.
It must name the offense.
A peace officer may frisk a passenger compartment of a vehicle if he has _______ that _______ are hidden.
A reasonable suspicion; weapons
A reasonable cause; criminal tools
Probable cause; tools
An innate knowledge; criminal instruments
According to Commission Rules, the license of any licensee who does not meet the legislatively required continuing education by the expiration date will _______.
Terminate
Lapse
Expire
Defer
According to Sec. 217.21 Firearms Proficiency Requirements, each agency or entity that employs at least _______ peace officer shall require each peace officer that it employs to successfully complete the current firearms proficiency requirements at least once each year.
Two
Four
Three
One
According to the Transportation Code, it is unlawful to operate an open bed pickup truck with a child younger than _______ in the open bed.
12
15
18
21
What Amendment gives rise to the reasonableness factor in determining the legality of a use of force?
1st
4th
5th
6th
8th
According to CCP Art. 14.02, a peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate _______ the arrest of the offender.
Signs a warrant for
Gives written orders for
Physically makes
Verbally orders
According to the Transportation Code, a vehicle equipped with hazard lamps to warn other vehicle operators of a vehicular traffic hazard shall have the lamps visible at a distance of at least _______ feet in normal sunlight.
200
300
400
500
Which of the following is not an exception to the requirement for an arrest warrant?
Any offense reported by a credible citizen
Any offense occurring in the officer's view
On the verbal order of a magistrate
On probable cause to believe a violation of a protective order has occurred
Which of the following is a prohibited weapon?
a knife with a 6 inch blade
a handgun
a club
Knuckles
None of the above
All of the above
A capias may be served by:
Only by a specially named person
Only by a certified peace officer
By either a specially named person or a certified peace officer
Anybody
Only by registered voters
_______ and _______ make up the foundation on which the Wellness Pyramid is built.
Self-responsibility and stress management
Smoking cessation and weight control
Regular exercise and proper nutrition
Strength and cardiovascular endurance
Peace officers should maintain the highest standards of personal and professional behavior possible. They must serve the _______ and never represent any particular special interest group.
Entire community
Chief of Police
City Manager
Governor
According to the Penal Code, a mistake of fact is _______.
An affirmative defense to prosecution
A defense to prosecution
no defense to prosecution
A violation
Always consider basic ethical _______.
Knowledge
Values
Sides
Private life
In Texas, Stephen F. Austin employed a militia group to protect the settlers from Indian and bandit raids. This group later became known as
Texas Department of Public Safety
Constables
Texas Rangers
The "watch and ward" system
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
intentionally
with criminal negligence
Recklessly
Time must be devoted to exploring motives, possible omissions, and assessing the truth if _______.
You get just the facts
Justice is to be served
You are to file charges
All of the above
An Arrest can be both an emotional and physical problem for the officer and arrestee. Uncertainty is likely to result in compensating behavior. Compensating behavior may take one of the following forms:
Verbal abuse
Emotional control
Police support
Cooperation
Criminal Attempt occurs when a person, with specific intent to commit an offense, does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. An offense of Criminal Attempt is punishable by what offense punishment level?
The same category of the offense attempted
One category higher than the offense attempted
One category lower than the offense attempted
Two categories lower than the offense attempted
None of the above
Improper Relationship between Educator and Student refers to illegal sexual interactions with students enrolled in which schools?
Public primary or secondary schools
Private primary or secondary schools
Public or private primary or secondary schools
All levels of education public or private
None of the above
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