Major Test # 2

"___________" Occurs when the person submits to the arrest without any physical control on the officer's part.

"___________" is defined as the act or fact of holding a person in custody, confinement, or compulsory delay.

"__________" means under arrest by a peace officer or under restraint by a public servant pursuant in an order of a court of this state or another state of the United States.

"_________" means holding a person for a limited time, but who, as yet, is not answerable for a criminal offense.

A "commitment" is a court order to:

A "frisk" of an individual is permitted anything an officer is in contact with another person and can articulate reasons that he feared for his safety; whenever an officer has reason to believe another has:

A conviction for capital murder where the court sentenced the defendant to the death penalty would be appealed directly from the district court to:

A limitation on the warrantless entry onto the property is the "____________", or that portion of the property immediately surrounding a residence and it's attached buildings. This is legally considered a private zone, and like the home itself, it is immune to search except with a valid warrant or consent.

A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the purpose of arresting that person for _______ may continue the pursuit into this state and arrest the person.

A peace officer may arrest an offender without a warrant when a felony or ______ has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.

A peace officer may arrest, without a warrant, for which of the following?

A peace officer may enter a residence when?

A peace officer who is charging a person, including a child, with committing an offense that is a ______, other than an offense under section 49.02, Penal Code, may instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged.

A peace officer ___________, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such verbally orders the arrest of an offender.

A peace officer _______ arrest a suspect if he has probable cause to believe he has violated a protective order under PC 25.07, and does not occur in his presence.

A person is considered "arrested" when the person has been actually placed under restraint or is _____________.

A person is _________ when he has been actually placed under restraint or taken into custody by an officer or a person executing a warrant of arrest or by an officer or person arresting without a warrant.

Officers are required to informed suspects of their constitutional rights when they are subjected to custodial interrogation. This decision resulted from which court case?

Misdemeanor cases to be tried in the justice of the peace court are generally filed:

In _________ the US Supreme Court indicated that law enforcement officers could "stop and frisk" a person under circumstances for "officer safety purposes" even though there was not probable cause to arrest the person frisked. The purpose of the stop and frisk is to search for weapons.

Supreme Court Case that said you have to read someone their Miranda rights:

In __________, the US Supreme Court established that an informant's tip must be accompanied by (1) some of the underlying circumstances on which the informant based conclusions and (2) some basis for concluding either that the informant was generally credible or that the information was in the particular instance reliable.

In _________ the US Supreme Court first started actually enforcing the "exclusionary rule" against city, county, and state officials.

In the CCP "___________________" means a law enforcement - initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual has having engaged in criminal activity.

In most cases, automobile searches are an exception to the rule requiring a search warrant. In this case, the US Supreme Court allowed searches of vehicles without a warrant provided the police have "probable cause that contraband will be found."

The US Supreme Court in ___________ abandoned the rigid "two-pronged test" under Aguilar and Spenelli for determining whether an informant's tip for establishing probable cause for the issuance of a warrant and substituted a "totality of the circumstances" approach in it's place.

The Court of Criminal Appeals does NOT __________.

The CCP Art. 1525 specifically states, "In case of ____________, the officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose." (It should be noted, that this authority must be legal.)

The "____________________" doctrine is the notion that evidence obtained after illegal government action will be subjected from evidence. This pertains not only to physical or tangible materials generally subject to the "exclusionary rule", but also intangibles such as subsequent confessions, admissions, identifications, and testimony obtained as a result of the initial unlawful activity.

Senators and Representatives shall, except in cased of __________ be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing for one day for every twenty miles such member may reside from the place at which the Legislature is convened.

Seizure and detention do not always require force or actual contact. Many times peace officers simply inform a person that he under arrest, and the arrested person submits without any further action. This is called "______" seizure and detention.

A person found in suspicious places, and under circumstances which reasonably show that such persons are about to commit some felony offense against the laws of the State of Texas may _____________.

Once issued, a search warrant should be executed as soon as possible; however, it is considered valid for ____ whole days not counting the day of issuance or the day of execution.

A/an __________ is a written statement filed and presented in behalf of the state by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted.

A ____________ is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and deliver to the magistrate any of the film exposed pursuant to the order.

According to CCP Art. 1.051(b), "_________" means a person who is not financially able to employ counsel.

An arrest in Texas may be made:

An indictment or information for any misdemeanor may be presented within _______ years from the date of the commission of the offense, and not afterwards.

An inquest of a deceased person needs to be held if the person:

An instrument issued by the clerk of a court or a justice of the peace commanding that the person named therein appear at a specific time and place is a/an:

Any peace officer ________ arrest without a warrant persons who the peace officer has probable cause to believe have committed an offense involving a violation of a protective order under PC Section 25.07 or 38.112 if the offense is not committed in the presence of the officer.

A person may be convicted of "treason" based on:

A person represented by legal counsel may in open court or by written instrument voluntarily waive the right to be accused by indictment.

A railroad peace officer _________ issue a traffic citation.

A railroad peace officer ____________ to state benefits normally provided by the state to a peace officer.

A search that is made contemporaneously to an arrest without a warrant is lawful provided it is made________.

A search warrant for ___________ may not be signed by a justice of the peace.

A search warrant is a written order, issued by a magistrate and directed to a peace officer, and may command the officer to:

A/An "____________" is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to the law.

A/an "_______________" is the 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.

A/An "__________" is a writ issued by the court or clerk, 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 that court immediately, or on a day at a term stated in the writ.

Any peace officer __________ arrest without warrant persons who the peace officer has probable cause to believe have committed an offense involving a violation of a protective order under PC Section 25.07 or 38.112 is the offense is committed in the presence of the officer.

"An examination of a man's house or other building or premises, or his person, with a view to the discovery of a contraband or illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action for some crime or offense which he was charged. A prying into hidden places for that which is concealed and is not a search to observe that which is open to view."

_____________ is the security given by the accused that he will appear and answer before the proper court the accusation brought against him.

____________ has a right to prevent the consequences of the theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose.

"____________" is generally considered to be that area of open space surrounding a dwelling that is so immediately adjacent to the dwelling that it is considered part of the house.

Who may, without a warrant, arrest an offender when the offense is committed in his presence or within his view if the offense is one classed as a felony or an offense against the public peace?

Who may execute a search warrant for criminal evidence?

Who may arrest an offender without a warrant for any offense committed within his presence or within his view?

Which of the following would not be a peace officer as defined by Article 2, Code of Criminal Procedure?

Which of the following would be listed as a "special investigator"

Which of the following was a landmark federal case on "stop and frisk"

Which of the following statements is true regarding a lawful frisk?

Who has the authority to "prevent the consequences of theft"?

Which of the following officers would be classified as a "peace officer" in Texas?

Which of the following justifies the lawful search of a person's pockets, clothing, wallet, and other personal possessions?

Which of the following is a "rule of evidence" developed by the United States Supreme Court that states that evidence is not admissible against an accused person is an officer's search violates the fourth amendment of the constitution

Which of the following courts usually has original jurisdiction for class A and B misdemeanors?

Where it is shown by satisfactory proof to a peace officer, upon representation of a credible person, that a _______ has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may, without a warrant, pursue and arrest the accused?

By "_________" is meant that 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 the such right.

CCP Article 2.131 specifically prohibits __________ from engaging in racial profiling.

CCP Article 2.17 requires that when a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by the _________________..

Criminal appeals from county court are appealed directly to:

During the search of an apartment for a suspect pursuant to a valid search warrant, an officer looks in a closet large enough to hide the suspect and observes a short barrel shotgun which he recognizes as a prohibited weapon. The weapon...

District court in Texas has original jurisdiction for:

For an arrest to be lawful, certain elements must be present. Which of the following would be considered one of the elements?

If a criminal case is tried in the justice of the peace court and the ruling of the court is appealed, which court hears the appeals?

In lieu of arresting an individual who commits the offense of "Public Intoxication", a peace officer may release an individual if:

In case of a ________, an officer may break down the door of any house for the purpose of making an arrest, if he is refused admittance after giving notice of his authority and purpose.

In "______________v _______________" The US Supreme Court ruled that a person "can not be required to identify himself", even when a stop is lawful. You may orally command the person to remain for a reasonable length of time that can be satisfactorily accounted for, while actively involved in the investigation at hand. You may take the person with you to check out a possible crime scene.

In Chimel v California, the US Supreme Court said that:

If the true name of the suspect is not known, a warrant for his arrest:

If a witness refuses to obey a subpoena, he may be fined at the direction of the court, $_________

Article 15.02 of the CCP lists the requisites of an arrest warrant. Which of the following were specifically given as one of these requisites?

As an officer, you may ask a person to assist you in the making of an arrest. What crime has occurred if the person refuses your command?

BPOC Chapter 7 lists several elements that are required in order for an officer to conduct a temporary detention. Which of the following was specifically listed?

Whenever a number of persons are assembled together in such a manner as to constitute a riot, according to the penal code of the state, it is the duty or every magistrate or peace officer to cause such person to disperse. This may be done by commanding them to disperse or by _________ the persons engaged, if necessary, either with or without a warrant.

When the property which the officer is directed to search for and seize under the authority of a "search warrant" is found:

When the defendant is arrested at night, the CCP "specifically" requires that he be taken before a magistrate:

When an officer is handling a family violence case, he or she must:

What public official is responsible for conducting inquests in counties that do not have medical examiners?

What offense does a person commit if they intentionally or knowingly prohibit a justice of the peace from entering a premises where a death occurred or a body is found?

There is no "limitation" for the presentation of an indictment for:

The person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than ________ hours after the person is arrested, before some magistrate of the county where the arrest was made without and order, or, to provide more expeditiously to the person arrested the warning described by article 15.17 of the CCP, before a magistrate in any other country of this state.

The highest Texas Court to hear appeals of criminal cases is:

The highest Texas Court to hear appeals of civil cases is:

The head of the agency arresting or holding a person in the prevention of "Family Violence" if there is probable cause to believe the violence will continue if the person is immediately released, may hold the person for a period of not more than _____ hours after bond has been posted. This detention period may be extended for an additional period not to exceed ____ hours, but only is authorized in a writing directed to the person having custody of the detained person by a magistrate.

The director of the Department of Public Safety may appoint up to ______ railroad peace officers.

The level of suspicion required to "stop and frisk" is called:

The court of original jurisdiction in cases involving fine only (class C misdemeanors) is the:

The affidavit made before the magistrate or the district or court attorney charging the commission of an offense is called a:

The US Supreme Court indicated that if an officer had "probably cause" he could search a vehicle under the "___________" without requiring consent from the vehicle owner or having a valid search warrant.

The US Supreme Court in __________ adopted an exception to the exclusionary rule: the good faith exception for searches conducted pursuant to a search warrant. Under this exception, whenever a law enforcement officer acting with objective good faith has obtained a search warrant from a detached and neutral judge or magistrate and has acted within it's scope, evidence seized pursuant to the warrant will not be excluded, even though the warrant is later determined to be invalid.

If a peace officer refuses to execute a legal process directed to him or her by the court, he or she is liable for:

If a person comes into this State or goes through this State to another State in obedience to a summons directing him to attend and testify in this State, he shall not while in this state pursuant to such summons, be subjected to ____________ in connection with matters which arose before his entrance into this State under the summons.

If a witness has in his possession any instrument of writing or other thing desired as evidence, the following instrument may specify such evidence and direct that the witness bring the same with him and produce it in court:

If a witness refuses to obey a subpoena, he may be fined at the discretion of the court, ______ dollars in a felony case.