Unit 2

Number of days an arrestee has to get with an attorney.

Which one is not a length of an emergency protective order?

How long is a protective order for stalking or sexual assualt?

How long do you have to serve a search warrant

How long do you have to arraign someone?

Imagining, suspecting, or apprehension based on no proof or insufficient proof.

A DA files a _____________ for district court related charges.

A DA files a _______________ for county court related items.

The affidavit made before the magistrate or district or county attorney is called a ________________ if it charges the commission of an offense.

A complaint must include all which of the following in addition to being signed by the affiant by writing their name?

___________________ is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond.

Reasonable assurance it will be complied with, power to acquire bail, nature of offense, ability to make bail, future safety of the victim, criminal history, and citizenship status.

Reasonable suspicion and probable cause require what 2 elements?

Checking car doors is considered?

You can only arrest for Failure to ID if they lie or refuse after they are arrested.

How long is a protective order?

Specific articulatable facts that, when combine with rational inferences from those facts, would lead a reasonable officer to suspect that a particular person has engaged, or is engaging, or will soon be engaging in criminal activity.

3 types of encounters

The temporary seizure of a person for investigation based on an officer’s reasonable suspicion of criminal activity.

Crimes a foot is reasonable suspicion.

Take persons into custody for purposes of charging them with a crime based on an officer’s establishment of probable cause.

Peace officers are free to approach and ask questions of persons so long as officers recognize that those persons can refuse to identify themselves, refuse to cooperate, refuse to answer questions, and simply walk away.

Four elements that have been used by courts to determine whether an arrest has occurred:

Which case established probable cause?

Someone arrested and taken to a hospital will receive what?

If the persons in custody request an attorney, the interrogations must cease until an attorney is present or, alternatively, until there is at least a ___________ break in Miranda custody.

14 day = __________

Reasonable suspicion by peace officer that some activity out of the ordinary has taken place connection to person being detained, suspicious activity related to an offense, officer conduct interview to determine what, if anything, occurred.

Which offenses can you arrest for out of your view?

Only shall arrest is for: _______________

Death penalty cases are the only cases that cannot be pled.

Holding a person for a limited time that has not committed a crime.

A person being detained must tell you their name.

Persons who have been lawfully detained are under no obligation to answer questions posed by officers.

A frisk is permitted anytime 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 weapon on or about his person that can be used to cause injury or death.

Constructive custody needs probable cause first and is basically verbally telling someone they are under arrest.

_______________ is defined as anything to be offered in court to prove the truth of facts at issue in a case.

Chapter 59 of CCP: _____________

Which one is not part of a search warrant process?

Days to serve a DNA search warrant?

How many days do you have to get the seizure inventory to the judge?

How many times has the US Constitution been modified?

How many times has the Texas Constitution been modified?

A fleeing misdemeanor allows for an exigent circumstance warrantless entry.

An officer is permitted to conduct a vehicle search when an arrestee is within reaching distance of the vehicle or it is reasonable to believe the vehicle contains evidence of the offense of arrest.

Warrantless search of a readily mobile motor vehicle by a peace officer who has probable cause to believe that the vehicle contains incriminating items subject to seizure is not unreasonable under the Fourth Amendment.

The Fourth Amendment does not protect open fields.

An open field begins where the curtilage surrounding a dwelling ends

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

The warrantless search of motor vehicles is permitted by the courts because persons have a lessened expectation of privacy in a motor vehicle due to its inherent mobility and the fact that it is driven on public roads where its occupants and contents are open to view.

Open Fields Exception allows you to hop fences and go through gates.

Consent to a search is considered a waiver of a ______________ protection, and as such, the waiver must be voluntary and knowing. There is no requirement of probable cause for this search.

A landlord can give consent to search an apartment.

US v Colbert

What are the 2 exceptions to plain view?

Who is authorized to sell beer only?

Payton v New York ruled an officer may make entry to a suspects home to make a warrantless entry for a felony.

Who may execute a search warrant for criminal evidence?

Can an officer rely on a 3rd party tip as basis to justify a frisk?

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

According to CCP a peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in their presence or within their view if the offense is classified as ________

A search warrant may:

A subsequent search warrant may be issued pursuant to Subdivision 10 of Article 18.02 CCP to search the same person, place, or thing subjected to a prior search under Subdivision 10 only if the subsequent search warrant is issued by a _________ judge.

Probable Cause, related to arrest, is defined as:

Officers may use a suspect's refusal to answer questions as a building block for probable cause.

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

When conducting searches incidental to custodial arrests, what are you looking for?

What Texas Constitution Article protects excessive bail, cruel and unusual punishment and due course of law?

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:

A person is charged with assault where the defendant caused bodily injury to a UTSP officer while in the performance of his duties as a peace officer. Which Texas court has original jurisdiction to try this case?

Statute of limitations for any misdemeanor is __________ year from the date of the offense.

A peace officer who investigates the alleged commission of assault, agg assualt, sexual assault, agg sexual assault, and terroistic threat shall __________that includes the information required under Article 5.05(a) (CCP2.30{b})

A railroad peace officer ____________ issue a traffic citation

Minimum passing percentage shall be at least _____ for each firearm qualification.

A peace officer ___________ arrest a suspect if he has probable cause to believe he has violated a protective order under PC 25.07 or PC 38.112 and it does not occur in his presence (CCP 14.03).

The repeated inserting of a loaded magazine, and chambering of a cartridge in a semiautomatic pistol can cause?

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 round which has no gun powder to push the bullet out of the barrel is _________

Which Amendment to the US Constitution gives citizens the right to an attorney during criminal proceedings?

According to CCP, whenever a peace officer meets with resistance in discharging any duty imposed on him by the law, he _______ summon a sufficient number of citizens of his county to overcome the resistance.

What is the term for a written order from a magistrate, directed to a peace officer, commanding them to take the body of the person accused of an offense, to be dealt with according to law?

An investigation into the cause and circumstances of the death of a person with determination as to whether the death was caused by an unlawful act or omission is called:

According to the CCP, an officer must have ______ to believe the property is stolen to justify seizure of the property.

What is the statute of limitations for theft by a public servant of governmental property over which he or she exercises control in an official capacity?

10 to 16 yoa cannot be arrested for traffic offenses

JDC will not take Class C misdemeanors.

A17 yo can be sentenced to death?

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 releases, 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 if authorized in writing directed to the person having custody of the detained person by a magistrate.

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

County courts have appellate jurisdiction in what class of offenses?

Which of the following was specifically listed by TCOLE as being a characteristic of professionalism

It is the duty of every peace officer to preserve the peace within the officer's jurisdiction. To effect this purpose, the officer ______ use all lawful means.

It is the duty of every peace officer to preserve the peace within the officer's jurisdiction. To effect this purpose, the office __________ use all lawful means.

Possession of 1 gram or more but less than 4 grams of a penalty group 2 controlled substance is what charge?

What is the time limit that the CCP sets for serving an arrest warrant provided it does not involve collecting DNA evidence?

According to HSC, means a principal compound commonly used or produced primarily for use in the manufacture of a controlled substance.

The penalty classification for possession of two ounces or less of marijuana is?

Who signs an indictment accusing a person of a crime?

In the penal code, a person commits crime of ______________ if he privately addresses a representation, entreaty, argument, or other communication to any public servant who exercises or will exercise official discretion in an adjudicatory proceeding with an intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law.

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 offence that may be prosecuted according to law is called ______

Under CCP 20.011, a defendant in a criminal matter is not entitled to be represented by counsel:

__________- person not financially able to employ counsel

The CCP seeks to 1) adopt measures for preventing the commission of crime 2) to exclude the offender from all hope of escape, 3) to insure a trial with as little delay as is consistent with ends of justice, 4) to insure a fair and partial trial.

For a complaint to be sufficient, it must contain: 1) the name of the accused or description, 2) __________________ 3) the time and place of the commission of the offense and 4) signature of affiant.

Appeals from the JC are heard by:

Shotgun quals must use what type of ammo?

Statute of limitations for theft or robbery?

A peace officer is _________________ liable for damages arising from an act relating to the collection or reporting of information as required by CCP Art. 2.133 or under a policy adopted under CCP Art 2.132.

When the breeching mechanism is in the proper position for firing a firearm is said to be in:

Any peace officer __________ arrest without warrant persons who the peace officer has PC to believe have committed an offense involving a violation of a protective order under PC Sec 25.07 or 38.112 if the offense is not committed in the presence of the officer (CCP 14.03)

If word gets around that an officer is biased, prejudice, and is unfair, his or her ability to serve will be?

No person shall be held to answer for a felony unless on indictment of a _________

By making a slight change in the chemical makeup of a scheduled controlled substance, without changing its effect or intended use as a drug, one has created a:

According to CCP, 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:

Law enforcement professionals have an excellent health profile.

Specifically, the ________role is performed by being objective, impartial, neutral and ethical in personal behavior and in functioning as a representative of the criminal justice system.

Whenever a peace officer meets with resistance in discharging any duty imposed on him by the law, he __________ command a sufficient number of citizens of his county to overcome the resistance.

A peace officer has been tried and convicted of Misuse of Official Information. What would be the first court that the case may be appealed to?

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.

In chapter 17 of CCP, a person arrested without a warrant and held in jail must be released on bond not later than the 24th hour, when the charge is a misdemeanor and a magistrate has not:

A railroad peace officer ______ issue a traffic citation

Unlawful delivery of one ounce of baking soda represented to be cocaine by the seller is what charge?

The offense Delivery of Marihuana is a ____ if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does receive remuneration for the marihuana.

If there is no specific limitation listed for a felony offense in the CCP, Chapter 12, the limitation for obtaining an indictment or information would be _____ years.

The limitation for obtaining an indictment for the offense abandoning or endangering a child is ____ years

Which is a derivative of opium?

What is the minimum passing score for handgun and shotgun in a BPOC qualification is ___?

Who is authorized to call any military company in a county to aid overcoming resistance?

Which drug penalty group carries a misdemeanor punishment for possession of smaller abuse unit amounts?

The limitation for obtaining an indictment for the offense abandoning or endangering a child?

The 5th amendment states: No person shall be held to answer for a capital, or otherwise infamous crime unless _______

What is the minimum amount of marijuana that will enhance delivery of marijuana to a felony when offered for sale?