Unit 2

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

21 days

10 days (correct)

31 days

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

31

61

91

120 (correct)

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

60 days

5 years

Life (correct)

2 years

How long do you have to serve a search warrant

3 days Signup and view all the answers

How long do you have to arraign someone?

48 hours Signup and view all the answers

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

Mere Signup and view all the answers

A DA files a _____________ for district court related charges.

Indictment Signup and view all the answers

A DA files a _______________ for county court related items.

Information Signup and view all the answers

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

Complaint Signup and view all the answers

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

All the above Signup and view all the answers

___________________ 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.

Bail Signup and view all the answers

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.

Rules for setting bail amount. Signup and view all the answers

Reasonable suspicion and probable cause require what 2 elements?

Specific and articulate Signup and view all the answers

Checking car doors is considered?

Reasonable Signup and view all the answers

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

True Signup and view all the answers

How long is a protective order?

2 years Signup and view all the answers

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.

Reasonable Signup and view all the answers

3 types of encounters

All the above Signup and view all the answers

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

Investigatory Stops/Detentions Signup and view all the answers

Crimes a foot is reasonable suspicion.

True Signup and view all the answers

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

Arrests Signup and view all the answers

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.

Consenual Signup and view all the answers

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

Intent, authority, actual seizure, understanding Signup and view all the answers

Which case established probable cause?

Brinegar v US Signup and view all the answers

Someone arrested and taken to a hospital will receive what?

PR Bond or yellow card Signup and view all the answers

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 days Signup and view all the answers

14 day = __________

Maryland v Shatzer Signup and view all the answers

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.

Temporary Detention Signup and view all the answers

Which offenses can you arrest for out of your view?

PI, family violence, interference emergency call, breach of peace Signup and view all the answers

Only shall arrest is for: _______________

Violation of PO Signup and view all the answers

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

True Signup and view all the answers

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

Signup and view all the answers

A person being detained must tell you their name.

False Signup and view all the answers

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

True Signup and view all the answers

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.

True Signup and view all the answers

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

True Signup and view all the answers

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

Evidence Signup and view all the answers

Chapter 59 of CCP: _____________

Asset Forfeiture Signup and view all the answers

Which one is not part of a search warrant process?

NONE Signup and view all the answers

Days to serve a DNA search warrant?

15 Signup and view all the answers

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

3 Signup and view all the answers

How many times has the US Constitution been modified?

27 Signup and view all the answers

How many times has the Texas Constitution been modified?

Over 500 Signup and view all the answers

A fleeing misdemeanor allows for an exigent circumstance warrantless entry.

False Signup and view all the answers

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.

Gant Rule Signup and view all the answers

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.

Carroll Doctrine Signup and view all the answers

The Fourth Amendment does not protect open fields.

True Signup and view all the answers

An open field begins where the curtilage surrounding a dwelling ends

True Signup and view all the answers

_________________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.

Curtilage Signup and view all the answers

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.

True Signup and view all the answers

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

False Signup and view all the answers

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.

constitutional Signup and view all the answers

A landlord can give consent to search an apartment.

False Signup and view all the answers

US v Colbert

Discard Signup and view all the answers

What are the 2 exceptions to plain view?

A & B Signup and view all the answers

Who is authorized to sell beer only?

License Signup and view all the answers

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

False Signup and view all the answers

Who may execute a search warrant for criminal evidence?

A peace officer to whom a search warrant is delivered Signup and view all the answers

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

Yes Signup and view all the answers

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.

False Signup and view all the answers

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 ________

felony Signup and view all the answers

A search warrant may:

order an arrest Signup and view all the answers

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.

district court Signup and view all the answers

Probable Cause, related to arrest, is defined as:

the apparent state of facts to exist upon reasonable inquiry, which would induce a reasonably intelligent and prudent man to believe that a person had committed the crime. Signup and view all the answers

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

False Signup and view all the answers

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

Must contain a reasonable definite description of him Signup and view all the answers

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

weapons, and evidence of any crime Signup and view all the answers

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

Article 1 Sec. 13 Signup and view all the answers

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:

Subpoena Duces Tecum Signup and view all the answers

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?

District Signup and view all the answers

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

2 Signup and view all the answers

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})

Prepare a written report Signup and view all the answers

A railroad peace officer ____________ issue a traffic citation

may not Signup and view all the answers

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

70 Signup and view all the answers

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).

may Signup and view all the answers

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

splits of the cartridge case mouth Signup and view all the answers

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.

Information Signup and view all the answers

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

squib load Signup and view all the answers

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

6th Signup and view all the answers

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.

shall Signup and view all the answers

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?

arrest warrant Signup and view all the answers

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:

an inquest Signup and view all the answers

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

reasonable ground Signup and view all the answers

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 years Signup and view all the answers

10 to 16 yoa cannot be arrested for traffic offenses

True Signup and view all the answers

JDC will not take Class C misdemeanors.

True Signup and view all the answers

A17 yo can be sentenced to death?

False Signup and view all the answers

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.

4, 48 Signup and view all the answers

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

County court Signup and view all the answers

County courts have appellate jurisdiction in what class of offenses?

Class C Signup and view all the answers

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

serive to others Signup and view all the answers

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.

shall can Signup and view all the answers

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.

shall Signup and view all the answers

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

3rd Signup and view all the answers

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

No limit Signup and view all the answers

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

immediate precursor Signup and view all the answers

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

Class A Signup and view all the answers

Who signs an indictment accusing a person of a crime?

foreman of grand jury Signup and view all the answers

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.

Improper influence Signup and view all the answers

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 ______

information Signup and view all the answers

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

Inside the chambers of a grand jury room Signup and view all the answers

__________- person not financially able to employ counsel

indigent Signup and view all the answers

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.

False Signup and view all the answers

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.

the accused has committed some offense against the laws of this state Signup and view all the answers

Appeals from the JC are heard by:

county Signup and view all the answers

Shotgun quals must use what type of ammo?

slug and/or 00 buck shot Signup and view all the answers

Statute of limitations for theft or robbery?

5 years Signup and view all the answers

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.

not Signup and view all the answers

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

battery Signup and view all the answers

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)

may Signup and view all the answers

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

dimished Signup and view all the answers

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

Grand Jury Signup and view all the answers

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:

controlled substance analogue Signup and view all the answers

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:

witness Signup and view all the answers

Law enforcement professionals have an excellent health profile.

False Signup and view all the answers

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.

ethical Signup and view all the answers

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.

shall Signup and view all the answers

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?

Courts of Appeals Signup and view all the answers

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 Signup and view all the answers

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:

determined that PC exists to believe the person committed the offense Signup and view all the answers

A railroad peace officer ______ issue a traffic citation

may not Signup and view all the answers

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

State Signup and view all the answers

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.

Class A Signup and view all the answers

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.

3 Signup and view all the answers

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

5 Signup and view all the answers

Which is a derivative of opium?

heroin Signup and view all the answers

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

70 % Signup and view all the answers

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

Sheriff Signup and view all the answers

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

3 nd 4 Signup and view all the answers

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

5 Signup and view all the answers

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

on a presentment or indictment of a grand jury Signup and view all the answers

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

more than one-forth ounce Signup and view all the answers

Unit 2

Podcast Beta

Questions and Answers

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.