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Comp 2 missed

Missed questions from 2nd comp

QuestionAnswer
T/F: A peace officer is justified in pointing his firearm at a suspect in making an arrest in a potentially dangerous situation that falls short of justifying the actual firing of the weapon. TRUE
T/F: A peace officer who is charging a minor with committing the offense of operating a motor vehicle in a public place while having a detectable amount of alcohol in the minor's system is required to take the minor into custody. FALSE
A ____ 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 law. Warrant of Arrest
A person refusing to obey a subpoena may be fined not to exceed ____ in a misdemeanor case. $100
Fitness is the key to performance in the law enforcement profession it provides... Capability For Non-Specific Performance
A continuing education "training cycle" is... 48 Months
Lisa is angry at how the meeting is proceeding and yells an obscenity during the commissioner's court which causes a disturbance. Lisa has committed... Disorderly Conduct
Lisa is angry at how the meeting is proceeding and yells an obscenity during the commissioner's court which causes a disturbance. Lisa has committed what classification of offense? Class A Misdemeanor
A twenty year old female has consensual sexual intercourse with her sixteen year old boyfriend who says he wants to marry her. What offense has occurred? Sexual Assault
Joe is carrying a knife with a 5 1/2 inch blade on the premises of a polling place on the day of an election. Joe should be charged with ____ No Offense
The Supreme Court has ____ jurisdiction in all cases in which a state is a party. Original
According to CCP Art. 57, who chooses the fictitious name to designate the victim? The Victim
If a peace officer was justified in using deadly force as a defense against Joe, and in doing so he also recklessly injured an innocent person, such as a bystander, would his actions to use deadly force against Joe still be justified under Chapter 9? YES
Lisa is driving a motor vehicle on a public roadway and has three passengers, the youngest of which is 15 years old. Lisa is stopped by a police officer who believes that Lisa is intoxicated. Lisa is arrested and refuses to submit a breath sample... The peace officer cannot require Lisa to provide any specimen for analysis.
The clearinghouse is a central repository of information on missing children, missing persons and... Attempted Child Abductions
Harry is 20 years old and has consensual sex with Carla, who is 13. What charge could you file on Harry? Aggravated Sexual Assault, 1st Degree Felony
What type of entry is necessary for "Burglary" The Intrusion Of Any Part Of The Body Or Any Physical Object Attached To The Body
What is false regarding Passing Another Vehicle On The Left: Safe Distance? While Making A Pass, A Vehicle Is Permitted To Exceed The Maximum Posted Speed Limit In Order To Comply With The Rule Which States That A Pass Must Be Completed By Allowing 200ft For Approaching Vehicles.
A person commits an offense if the person attaches to or displays on a motor vehicle a number plate or registration insignia that is fictitious. What class violation is it if the owner knowingly altered or make illegible the letters, numbers... Class B Misdemeanor
What is NOT an effect that speed has upon a turning vehicle? Turning Radius Decreases As Speed Increases And Increases As Speed Decreases.
T/F: An emergency protective order may be issued by a magistrate at the defendant's appearance before a magistrate for the offense of stalking? TRUE
T/F: Truck Tractor: Means a motor vehicle designed, used or maintained primarily to transport property. FALSE
Joe is the operator of a vehicle that is involved in an accident and Joe immediately leaves the scene. A person in the other vehicle dies. Joe should be charged with ____ A Second Degree Felony
Joe is the operator of a vehicle that in involved in an accident and Joe immediately leaves the scene. A person in the other vehicle suffers bodily injury. What is the maximum sentence and fine that Joe may incur? Five Years and $5000
The words "confined", "in-custody", "imprisoned", 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 control... Constructive Custody
____ means under arrest by a peace officer or under restraint by a public pursuant to an order of a court of this state or another state of the US, or under restraint by an agent or employee of a facility that is operated by or under contract with the... Custody
An officer develops mere suspicion based upon the actions of an individual. The individual may... Refuse to answer any questions, Not be required to identify and Not be detained. (All of the above on the test)
You should have no more than ____ of total calories from fat, 7-10% for those with heart of cholesterol problems. 30%
A continuing education "training cycle" is how long? 48 Months
A person commits theft if the person ____ appropriates property with the intent to deprive the owner of the property. Unlawfully
Conduct does not constitute an offense unless it is defined as an offense by... A Statue, An order of the County Commissioner's Court or a Municipal Ordinance
Joe goes into a store, conceals a radio priced at $50.00 in his coat and walks outside without paying where he is detained by store personnel and the police are called. Joe should be charged with a: Theft - Class B Misdemeanor ($50-$500)
"Change attitudes and project a positive image and improve relations with citizens" is a main focus of? Police-Community Relations
The officer and his/her agency must meet numerous standards that determine how (s)he is to do the job. Who sets these standards? The Community, Our Agency, Our Family and The Government.
Which of the following are protected by the 4th Amendment? PAPERS
What are four components of a sentence? Preposition, Adjective, Noun and Adverb
"Serving to protect", "Devoted to resisting or preventing aggression or attack" is the definition of what? Defensive
The use of force against another is not justified... If the actor consented to the exact force used by the other, In response to verbal provocation alone and to resist an arrest that the actor knows is being made by a peace officer.
John is not required to retreat before using force if ____ John has not provoked the person against whom the force is used, John has a right to be present at the location where the force is used and John is not engaged in criminal activity at the time the force is used.
Joe is an adult who possesses 4 1/2 ounces of marihuana. He is committing what category of offense? State Jail Felony
Harry gives George two ounces of marihuana for a birthday present. What classification offense, if any, has Harry committed? State Jail Felony
A person arrested for DWI with a Child Passenger... Has committed a State Jail Felony and will be required to submit a specimen
A person is arrested for DWI and refuses to give a requested specimen. The arresting officer shall require the person to submit a specimen under which of the following circumstances? On two or more occasions the person has been convicted of DWI
The THP-51 is directed to... The Person Drawing The Blood Specimen
According to the Family Code, the taking of a child into custody is not considered a(n) ____ except for the purpose of determining the validity of taking him into custody or the validity of a search. Arrest
____ is that which is properly expected from a reasonable and prudent person under the particular circumst ances Diligent Effort
Joe (29 yr old) visited his sister at her residence. When his sister is not around, Joe goes into his 15 yr old niece's bedroom and masturbates in front of her. What offense should be filed on Joe? Indecency With A Child
A person commits "Indecency With A Child" if, with a child younger than ____ years of age and not his spouse, whether the child is of the same or opposite sex, he engages in sexual conduct with the child 17
Any touching of the anus, breast, or any part of the genitals of another person with the intent to arouse or gratify the sexual desire of any person is the definition of... Sexual Contact
Joe goes into his local 7-11. He puts his finger into his jacket pocket and makes a finger gun. Joe demands that the clerk give him money or he'll shoot. The clerk punches Joe in the mouth and runs into the back room. Joe leaves with no money. Offense Robbery
Jed stole $500 from the store he works at, but did so only to give it to Gip (Who has threatened to harm Jed's younger brother if he didn't pay) Jed's reasoning for stealing is considered what? Affirmative Defense To Prosecution
John Smith abducted Jane Smith. The fact that Jane Smith is John's daughter, and his sole intent was to assume lawful control and did not use deadly force is ____ for John Smith An Affirmative Defense to Prosecution
What is NOT a violation of the Uniform Act? Failure to allow sufficient space between vehicles for passing when proceeded in a funeral procession. (Uniform Act = Traffic Code)
What types of person's must be restrained in a child safety seat in a motor vehicle? A two year old, a seven year old who is 4'9", a three year old child wearing a seat belt
____ means a manual, electric or mechanical device that alternately directs traffic to stop and to proceed. Traffic Control Signal
A vehicle that is not specifically required to be equipped with lamps or other lighting devices shall be equipped with at least ___ lamp that emits a white light at a distance of at least ___ feet from the front. One; 1000ft
Financial responsibility is not required on an antique or parade vehicle that is ____ years or older 25 Years
The front windshield sun screening material must have a luminous reflectance of less than ____ 25%
What are alternative methods of establishing proof of financial responsibility? Surety bond, self-insurance, deposit with county judge and deposit
T/F: Execution of service on a citation can be during any day of the week and any hour of the day or night FALSE. Cannot serve civil process on Sunday.
If any sheriff or other officer shall willfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process which it is made his duty by law to execute, he shall be liable to a fine between... $10-$200
A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly violates a law relating to the public servant's office or employment. This offense is... Abuse Of Official Capacity
Which amendment of the US Constitution deals with the right to be indicted by a grand jury? 5th
What would be an example of inhalant paraphernalia? A plastic bag which contained hazardous vaporous glue
Lisa's driver's license has been confiscated and she has been issued a DIC-25 for refusing to give a breath specimen following a DWI arrest two days ago. Her brother is aware of this and lets her borrow his car. What type of offense is this. NO OFFENSE
According to the Family Code, ____ means the adult with whom the child resides Custodian
"Abducted Child" means a child ____ whose whereabouts are unknown and whose disappearance poses a credible threat to the safety and health of the child, as determined by a local law enforcement agency 17 Years Of Age Or Younger
Local law enforcement agencies, on receiving a report of a missing child whose well-being is in danger shall immediately start an investigation in order to determine the present location of the child and ____ enter the name of the child... Immediately, But Not Later Than Two Hours After Receiving The Report
Joe goes into his local 7-11. He puts his hand into his coat pocket and makes a finger gun. He demands that the clerk give him all the money or he'll shoot. The clerk does as he demands and Joe leaves with the money. What charge should be filed? Robbery
A person, who is not a concealed carry license holder, is carrying a concealed handgun on his person as he drives his car. He is stopped for speeding. Besides the speeding offense, what else can he be charged with? No other offense from the information given
You make a traffic stop on a person who is transporting a 26" rifle with a 16" barrel. What offense has been committed? NO OFFENSE
What is false regarding the operation of an authorized emergency vehicle in an emergency? The emergency audible and visual signals give the driver the right of way; therefore, the driver may proceed as desired
An operator passing another vehicle shall return to an authorized lane of travel before coming within ___ of an approaching vehicle, if a lane authorized for vehicles approaching from the opposite direction is used in passing. 200 Feet
Which of the following movements is not permitted by a vehicle passing another vehicle on the right side? By such movement made by driving off the main traveled portion of the highway or improved shoulder
A safety helmet and eye protection are required for all persons operating a/an ____ on public property and or public highway All Terrain Vehicle
Which route of exposure would be through mucous membranes? Absorption
Under Article 15.02 of the CCP, the warrant must state ____ The name of the offense charged
For a person to commit the offense of DWI w/Child Passenger, the child must be ____ Younger than 15 years of age
Tom sold Joe 4 1/2 ounces of marihuana. Tom committed what category of offense? State Jail Felony
A person is arrested for DWI. When would you issue that person a DIC-25? The person refuses to submit a breath or blood sample or the person submits a breath sample registering over the legal limit
A person commits an offense if the person attaches to or displays on a motor vehicle a number plate or registration insignia that is fictitious. What class violation is it if the owner knowingly altered or made illegible the plate? Class B Misdemeanor
Written directives of an agency may be used how? Against the agency, To support the agency, To support the officer and Against the officer
Jim, Henry and Tom decide to steal a case of beer. They all get into Jim's truck and drive to the corner store. Tom goes in alone and grabs a case of beer. On the way back to Jim's truck, Tom punches the clerk in the face. Offenses(s) for all three? All Should Be Charged With Robbery
Lisa wants to interfere with the custody dispute of 17 year old Joe. She tells Joe to go to the bus station where a ticket is waiting for him. Joe gets on a bus and goes to visit Lisa. What offense? Enticing A Child
The ____ doctrine is the notion that evidence obtained after illegal government action will be excluded from evidence Poisonous Tree
An officer develops mere suspicion based upon the actions of an individual. The individual may ____ Refuse to answer any questions, Not be required to identify him/herself, Not be detained
The time allowed for the execution of a search warrant is ____ Three days, exclusive of the day of issuance and the day of execution
According to CCP 62.203, a person commits an offense if the person, after commitment as a sexually violent predator, but before being released from all requirements, fails to comply with registration requirements. This is a ____ 2nd Degree Felony
When is the use of force not justified? If the actor consented to the exact force used by the other, In response to verbal provocation alone, To resist an arrest that the actor knows is being made by a peace officer
Procedures for removing damaged vehicles from an accident scene are determined by ____ Departmental Policy
The operator of a vehicle involved in an accident resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall give their details to who at the scene of the accident? Injured and uninjured occupants of the other vehicle, Operator of the other vehicles, Person attending the other vehicles
Intent, ____, actual seizure and understanding of the individual being arrested are the 4 elements that have been used by the courts to determine whether an arrest has occured Authority
T/F: The US Supreme Court only hears cases that involve criminal actions? False
Jim is watching a fire scene down the street with firefighters, police and EMS all on scene. Jim takes his laser pointer and begins to aim it at emergency medical workers. What level of offense has occurred? Class C Misdemeanor
When exiting an alley, a vehicle operator must ____ STOP!
A motor vehicle may not be equipped with more than ___ spot lamps Two
A vehicle shall be equipped with a mirror located as to reflect to the driver a view of the highway for a distance of at least ____ to the rear of such vehicle 200 ft
T/F: The "Good Faith" exception found in US v Leon allows evidence found to be used in a court proceeding even though the warrant was found not to have sufficient probable cause and in the Texas statue it also allows this False. Key word is TEXAS statue
T/F: Documents that involve seizure of property or person or evictions may only be served by a Sheriff or Constable and their deputies True
A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, intentionally or knowingly violates a law relating to the public servant's office or employment. This offense is ____ Abuse Of Official Capacity - Class A Misdemeanor
Dave is an adult who possesses two ounces of marihuana. What category of offense is he committing? Class B Misdemeanor
John is 17yrs old. His parents adopt Mira, who is 17yrs old as well. John and Mira have consensual sex. What category of offense has occurred? 3rd Degree Felony
An out-of-state licensed driver who becomes a new resident may operate a motor vehicle in this state for no more than ____ 90 Days
The approach for a right turn and the right turn itself shall normally be made as close a practical to the ____ Right-hand curb of the roadway being entered
Otis drinks too much at a party and then gives his friend, Tom, a ride home. On the way to Tom's house, Otis loses control of his car and hits a light pole. Otis is fine, but Tom fractures his skull and is left blind in one eye. Charge for Otis? Intoxication Assault - 3rd degree felony
An operator may not drive to the left side of the roadway if the operator is ____ (TC 545.056) Within 100' of a bridge, viaduct or tunnel Within 100' of an intersection or railroad crossing outside a municipality that is shown by a sign or marking Within 100' of an intersection or railroad crossing in a municipality Awaiting ferry access
____ means the adult with whom the child resides Custodian
The fundamental law of our land is ____ The Constitution
A person commits an offense if the person, by accident or mistake, while operating a vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another. That offense is ____ Intoxication Assault - 3rd degree felony
What amendment gives citizens the right to a speedy and public trial? Sixth
Created by: samagdaleno