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Final study

Study stuff for the CAPCOG final

QuestionAnswer
What court cannot grant a Writ of Habeas Corpus? Justice Court
According to the CCP, 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 my be prosecuted according to law is called a/an ___ Information
Joe hits Bob in the head with his fist, knocking him unconscious and steals $150 cash from him. What offense has occurred? Robbery
T/F: Identifying and Resolving are NOT a component of the traditional police service model? TRUE
A person is walking through an apartment complex parking lot looking into vehicles at 0300. When contacted by police, he is wearing rubber gloves and holding a "slim jim". What offense has occurred? Possession of Criminal Instrument
Who has the authority to appoint Railroad Peace Officers? The Director of the Department of Public Safety
Who signs an indictment accusing a person of a crime? The foreman of a grand jury
A grocery store is robbed by Joe. He leaves the store and gets into a vehicle being driven by Bob. The two are caught by the police just down the road. What offense may Bob be charged with? Robbery
A person has a mobility problem that substantially impairs the person's ability to ambulate, is the definition of ___ A Disability
A peace officer may frisk a passenger compartment of a vehicle if he has ___ that ___ are hidden A reasonable suspicion Weapons
An operator may not, except momentarily to pick up or discharge a passenger, stand or park an occupied or unoccupied vehicle within ____ feet on the approach to a flashing signal, stop sign etc. 30ft (Remember, double the feet from a fire hydrant)
Who has authority to release a person arrested for Public Intoxication? A magistrate
What is the daily consumption recommendation for whole grain, bread, pasta or cereal servings? At least 6
Is it a crime to walk across a railroad track at a point other than a roadway or pedestrian walkway? YES
Who investigates the death of a prisoner if he dies while in custody of a jail? The director of the agency in charge
Under what conditions is consent not effective? Induced by threat, fraud or force Given by an intoxicated person Given by a person with a mental disease or defect
T/F: In relation to use of force, a reactionary gap would increase an officer's self-control? FALSE
A vehicle passing another vehicle to the left shall return to an authorized lane before coming within ____ feet of approaching vehicles 200
The authority to search a vehicle incident to arrest comes from the _____ of an occupant of the vehicle Lawful Arrest
The ____ defense for an officer is greatly enhanced when the officer has followed the written directives of the department Good Faith
If a person dies while in the custody of a peace officer, a written report of the cause of death must be filed with ____ The Attorney General's Office
A person is observed in a crowded parking lot masturbating. What offense has occurred? Indecent Exposure
A person may not be prosecuted for or convicted of an offense (other than perjury, aggravated perjury or traffic offenses) that he/she committed when ____ Younger than 17 years of age, unless juvenile court waives jurisdiction
According to the CCP, what requires an arrest without warrant if it occurs in the presence of an officer? There is a person who the officer has PROBABLE CAUSE to believe is violating a protective order
County A and County B border each other. An offender is arrested on a warrant in County A, but is magistrated and incarcerated in County B. The offender cannot be detained in County B for longer than ____ hours 72
Joe remains hidden in a bathroom of a department store until it closes with the intent to steal a $3.00 pair of socks. What offense has he committed? Burglary
What is the most common form of prejudice? Racial
An emergency protective order is valid for how many days after its issuance? 61
According to Commission Rules, the license of any licensee who does not meet the legislatively required continuing education by the expiration date will _______. Expire
Title 8 of the Texas Penal Code (chapters 36, 37 and 38) does what? Codifies certain illegal behaviors of public officials
The right of the officer to search the immediate area of control in a search incident to an arrest was affirmed in what case? Chimel v California
According to the CCP, the Court of Criminal Appeals does NOT ____ Review decisions of civil cases
T/F: When fixing the amount of bail, ensuring that the bail is high enough to keep the offender is custody is an important consideration. FALSE
T/F: An arrest warrant must always have the date the warrant is/was issued? FALSE
An affirmative defense to prosecution does what? Excuses criminal responsibility if the defense is proven by a PREPONDERANCE OF THE EVIDENCE
An officer observes a couple having sex in a local park late at night. Nobody is in the park that could possible witness the couple's actions. What offense has occurred? Public Lewdness - Park is a Public Place
No vehicle shall at anytime be driven to the left of the roadway when approaching within ____ feet of an intersection 100
Which culpable mental state refers to a person's awareness of but conscious disregard of a substantial and unjustifiable risk that the circumstances exist or the result will occur? Reckless
T/F: A police officer has the legal right to discipline a child? FALSE
_____ means that cases are referred first to the court. Original Jurisdiction
Three things that are required for proper proof of insurance. VIN Policy Number Expiration Date
A person is visiting at a relative's residence. The person notices a revolver worth $600 in a drawer of an 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 of a Firearm - State Jail Felony
A juvenile processing office may detain a child for not longer than ________ hours 6
To drive a bus with a seating capacity of more than twenty-four (24) passengers, you must have a ____ Class B CDL
T/F: If the arrest is made inside the home of the subject, the officer may not search a locked file cabinet on the opposite side of the room if the subject was arrested while he/she was in bed. TRUE
Where is the right to use lawful force outlined? Penal Code
In a county that does not have a medical examiner's office, who is responsible for all tangible evidence accumulated in the course of an inquest? A Justice of the Peace of that county
T/F: Any offense reported by a credible citizen is considered an exception to the requirement for an arrest warrant? FALSE - Only felonies in which there is not sufficient time to obtain a warrant
That portion of the law which defines the personal and property right of individuals; the rights of an individual to see redress or to prevent wrong defines ____ Civil Law
How many feet must hazard lamps be visible from? 500
A person commits what offense if he makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest? Gambling
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 Force
Article 14.01 of the Code of Criminal Procedures, Offense within View, authorizes citizen's arrests for: Felonies and breaches of the peace
________________ means to deliver a controlled substance other than by administering or dispensing the substance Distribute
When an agency arrests or refers a person who the agency knows is a student in a public primary or secondary school, the agency must submit written notification to the proper school authorities within how many days? 7
A person intentionally kills a seven-year-old in the commission of a kidnapping. What offense has occurred? Capital Murder
In U.S. v. Carroll, the Supreme Court upheld an officer's right to search a vehicle's trunk when the officers have _____. Probable Cause
There are two requirements for a valid abandonment under Texas Law: first, the defendant must intend to abandon the property and second, the decision to abandon must be made ________________, not merely the product of police misconduct Freely or voluntary
A protective order is valid for what period of time? Two Years
"Inquest" means: An investigation into the cause and circumstances of the death of a person, and a determination, made with or without a formal court hearing, as to whether the death was caused by an unlawful act for omission.
Jane has a valid CDL and carries a Glock in her purse. As she enters HEB, she notices a picture on the door of a gun with a circle around it and a line through it. There are no other signs mentioning guns, so she continues into the store. No Offense
If a person can prove that they engaged in criminal conduct because they were compelled to do so by threat of imminent death or SBI to themselves or another. What is the name of the defense they could use? Duress
A search warrant to photograph an injured child requires the officer to send all film (positives and negatives) to the magistrate. TRUE
Delinquent Conduct is conduct, including traffic offenses, which violate the penal laws of this state FALSE
A peace officer may frisk a passenger compartment of a vehicle if he has ____ that ____ are hidden. Reasonable Suspicion/Weapons
Physical balance is the position that allows you the ability to move while maintaining balance, strength and ______________. Advantage
Jane switches the price tags of a can of hairspray ($11) and a stick of deodorant ($3). She goes to the checkout counter and pays $3 for the can of hairspray that would normally cost $11. What offense has Jane committed? Fraudulent destruction, removal and concealment of writing - Class A Misdemeanor
A Capias may be served by ____ A personally specially named or a certified peace officer
What is the daily consumption recommendation for whole grain, bread, pasta and cereal? At least 6
A person is told that he is under arrest for an outstanding traffic warrant. When the police officer attempts to secure the person using handcuffs, the person runs away telling the officer he is not going to jail. What offense has occurred? Evading Arrest or Detention - Class A Misdemeanor
The writ that is issued under seal, commanding a peace officer to deliver the body of a witness before a grand jury proceeding is called _____ An attachment
Two friends buy a boat together. One of them becomes angry at the other and tears up the boat that they purchased together. What offense, if any has been committed? Criminal Mischief
Joe is told that he is under arrest for an outstanding traffic warrant. When the officer attempts secure the Joe using handcuffs, Joe wrestles with the officer and tells the officer he is not going to jail. What offense has occurred? Resisting Arrest, Search or Transport - Class A Misdemeanor
T/F: Nighttime means the period beginning one half hour before sunset and ending one half hour after sunrise. FALSE
Time limitations for offenses refer to the time that what must occur? An indictment is presented
Which of the following is NOT a consideration used by the courts to determine if unreasonable force was used? Motivation for force / Need for Force / Area in which offense occurred / Reasonableness of Force Area in which offense occurred
Self-control results from the development of __________ in one’s skills. Confidence
T/F: Evidence seized under the invalid search warrant but seized in good faith can be used in court TRUE
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 country to overcome the resistance. SHALL
According to Sec. 46.01 of the Penal Code, one definition of an illegal knife is a knife: With a blade OVER 5 1/2 inches
A person commits what offense if he intentionally or knowingly leaves a motel without paying his bill of $65? Theft of Service - Class B Misdemeanor ($20-$499)
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. Object / Probable Cause
Joe takes a business client to a 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? Promotion of Prostitution - Class A Misdemeanor
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? Graffiti - Class B Misdemeanor (Value is less than $500)
________ exists when the facts and circumstances known to the officer would warrant a prudent man believing that an offense has been committed. Probable Cause
A person breaks into an attached garage, breaks into a vehicle parked in the garage, and steals a $1,500 computer from the back seat. According to the Penal Code, what is the most serious offense committed? Burglary of a Habitation - 2nd Degree Felony
A person steals an old lawn mower worth $40 out of an old storage shed that is falling apart. What offense has occurred? Burglary of a Building - State Jail Felony
__________ is that degree of influence that officer must exert over the violator to take him or her safely into custody. Control
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 - Class A Misdemeanor (Item value has nothing to do with offense level)
A ___ means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property if the offenses are committed pursuant to the same transaction, etc., etc. Criminal Episode
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? Disorderly Conduct - Class A Misdemeanor
Section 8.06, Penal Code-It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. This is called? Entrapment
T/F: The following offense is punishable by the death penalty: Joe pays Henry $500 to kill Joe's business partner. TRUE
T/F: The following are all Peace Officers in Texas: Officers of the Alcoholic Beverage Commission Officers commissioned by a public junior college Stewards and judges of the Texas Racing Commission Officers commissioned by the Texas Board of Pharmacy TRUE
The plain view doctrine permits an officer to seize evidence without a warrant if the officer is in a ______ where he or she has a right to be and sees evidence which is obviously connected to a crime or is contraband. Constitutionally protected area
Which of the following factors most generally contributes to the mental and emotional injury to a child and is punishable under P.C.22.04? Punishment Act of abuse Omission or Neglect Spanking Omission or Neglect
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 In person
An offense of Criminal Attempt is punishable by what offense punishment level: One lower, Same, One higher or Two higher? One category lower than the offense attempted
A peace officer, or any other person, may execute a(n) ____ Arrest Warrant
Created by: samagdaleno