Podcast
Questions and Answers
According to the Penal Code, the person has committed the offense of _____.
According to the Penal Code, the person has committed the offense of _____.
Aggravated kidnapping
According to the Penal Code, the person has committed the offense of _____.
According to the Penal Code, the person has committed the offense of _____.
Unlawful restraint
According to the Penal Code, the person has committed the offense of _____.
According to the Penal Code, the person has committed the offense of _____.
Kidnapping
According to the Penal Code, the person has committed the offense of _____.
According to the Penal Code, the person has committed the offense of _____.
According to the Penal Code, the person has committed the offense of _____.
According to the Penal Code, the person has committed the offense of _____.
According to the Penal Code, the person has committed the offense of _____.
According to the Penal Code, the person has committed the offense of _____.
According to the Penal Code, the person has committed the offense of _____.
According to the Penal Code, the person has committed the offense of _____.
According to the Penal Code, the person has committed the offense of _____.
According to the Penal Code, the person has committed the offense of _____.
According to the Penal Code, which of the following is a 'short barrel' firearm?
According to the Penal Code, which of the following is a 'short barrel' firearm?
According to the Penal Code, which of the following is NOT covered in Section 46.02, 'unlawfully carrying weapons'?
According to the Penal Code, which of the following is NOT covered in Section 46.02, 'unlawfully carrying weapons'?
According to the Penal Code, the person has committed the offense of _____.
According to the Penal Code, the person has committed the offense of _____.
According to the Penal Code, a license, certificate, permit, seal, title, letter of patent, or similar document issued by a government, by another state, or by the United States is a _____.
According to the Penal Code, a license, certificate, permit, seal, title, letter of patent, or similar document issued by a government, by another state, or by the United States is a _____.
According to the Penal Code, what offense has been committed if a person is in possession of a burning tobacco product in an elevator?
According to the Penal Code, what offense has been committed if a person is in possession of a burning tobacco product in an elevator?
According to the Penal Code, what offense has been committed if a person retains a child younger than 18, knowing this violates the express terms of a judgment?
According to the Penal Code, what offense has been committed if a person retains a child younger than 18, knowing this violates the express terms of a judgment?
According to the Penal Code, conduct merely affording a person an opportunity to commit an offense does not constitute _____.
According to the Penal Code, conduct merely affording a person an opportunity to commit an offense does not constitute _____.
According to the Penal Code, a person is justified in using deadly force against another when and to the degree he reasonably believes the deadly force is immediately necessary to _____.
According to the Penal Code, a person is justified in using deadly force against another when and to the degree he reasonably believes the deadly force is immediately necessary to _____.
What is the condition of the human organism that consists of its health and disease status and risk potential?
What is the condition of the human organism that consists of its health and disease status and risk potential?
How many hours of legislatively required continuing education training must a licensed peace officer complete every 24 months?
How many hours of legislatively required continuing education training must a licensed peace officer complete every 24 months?
According to Commission Rules, within how many days must a licensee report a name change to the Commission?
According to Commission Rules, within how many days must a licensee report a name change to the Commission?
If a current license holder is arrested for an offense above a Class C misdemeanor, within how many days must the arrest be reported?
If a current license holder is arrested for an offense above a Class C misdemeanor, within how many days must the arrest be reported?
What happens to the license of any licensee who does not meet the required continuing education by the expiration date?
What happens to the license of any licensee who does not meet the required continuing education by the expiration date?
Which of the following is an advantage of having the professional model for law enforcement?
Which of the following is an advantage of having the professional model for law enforcement?
What is the expression or use of facts without distortion by personal feelings or prejudices?
What is the expression or use of facts without distortion by personal feelings or prejudices?
Investigations relating to the deprivation of civil rights under color of law are usually conducted by the?
Investigations relating to the deprivation of civil rights under color of law are usually conducted by the?
According to the Penal Code, what offense does a public servant commit if they intentionally subject another to sexual harassment under color of office?
According to the Penal Code, what offense does a public servant commit if they intentionally subject another to sexual harassment under color of office?
What right does the Sixth Amendment to the U.S. Constitution provide?
What right does the Sixth Amendment to the U.S. Constitution provide?
Which amendment prohibits cruel and unusual punishment?
Which amendment prohibits cruel and unusual punishment?
According to the _____ Amendment, powers not specifically reserved to the federal government are reserved to the state government.
According to the _____ Amendment, powers not specifically reserved to the federal government are reserved to the state government.
What is an order issued by a judge commanding someone to produce a person in their custody?
What is an order issued by a judge commanding someone to produce a person in their custody?
Which court case affirmed a person's right to free speech?
Which court case affirmed a person's right to free speech?
The 5th Amendment provides protection from what?
The 5th Amendment provides protection from what?
Which amendment limits the level of force that may be used to reasonable force?
Which amendment limits the level of force that may be used to reasonable force?
What are the primary components of the American Criminal Justice System?
What are the primary components of the American Criminal Justice System?
What is law that defines personal and property rights of individuals?
What is law that defines personal and property rights of individuals?
Which of the following is NOT a magistrate?
Which of the following is NOT a magistrate?
Which of the following are NOT Texas peace officers?
Which of the following are NOT Texas peace officers?
The Court of Criminal Appeals does NOT review what?
The Court of Criminal Appeals does NOT review what?
Which court has original jurisdiction of all misdemeanors with exclusive original jurisdiction not given to the justice court?
Which court has original jurisdiction of all misdemeanors with exclusive original jurisdiction not given to the justice court?
What must a peace officer advise a possible adult victim of family violence?
What must a peace officer advise a possible adult victim of family violence?
Which of the following is NOT a use of force option for dispersing a riot?
Which of the following is NOT a use of force option for dispersing a riot?
What is an affidavit made before a magistrate charging the commission of an offense?
What is an affidavit made before a magistrate charging the commission of an offense?
What is the security given by the accused to ensure their appearance in court?
What is the security given by the accused to ensure their appearance in court?
What is a written statement of a grand jury accusing a person of an offense?
What is a written statement of a grand jury accusing a person of an offense?
When is a person considered arrested?
When is a person considered arrested?
What is a written statement filed by a district attorney that charges a person with an offense?
What is a written statement filed by a district attorney that charges a person with an offense?
What is required for a peace officer from another state to pursue a fleeing person into Texas?
What is required for a peace officer from another state to pursue a fleeing person into Texas?
According to the Code of Criminal Procedure, how many whole days does the time allowed for the execution of a search warrant cover?
According to the Code of Criminal Procedure, how many whole days does the time allowed for the execution of a search warrant cover?
Which court has original jurisdiction over all felony cases?
Which court has original jurisdiction over all felony cases?
What is the court's writ directing a peace officer to arrest a person accused of an offense?
What is the court's writ directing a peace officer to arrest a person accused of an offense?
Appeals from the Justice Court are heard by which court?
Appeals from the Justice Court are heard by which court?
What is a law enforcement-initiated action based on ethnicity or national origin rather than behavior?
What is a law enforcement-initiated action based on ethnicity or national origin rather than behavior?
When a peace officer meets resistance in discharging any duty imposed by law, what must they do?
When a peace officer meets resistance in discharging any duty imposed by law, what must they do?
What circumstances exist when there is not enough time to obtain a warrant and the officer must establish probable cause?
What circumstances exist when there is not enough time to obtain a warrant and the officer must establish probable cause?
Which case affirmed the right to have an attorney present during questioning?
Which case affirmed the right to have an attorney present during questioning?
What do persons found in suspicious places, under circumstances showing they may commit an offense, have the right to do?
What do persons found in suspicious places, under circumstances showing they may commit an offense, have the right to do?
According to the Code of Criminal Procedure, when may a peace officer arrest without a warrant?
According to the Code of Criminal Procedure, when may a peace officer arrest without a warrant?
In U.S. v. Carroll, what did the Supreme Court uphold regarding vehicle searches?
In U.S. v. Carroll, what did the Supreme Court uphold regarding vehicle searches?
Under temporary detention, can a person be required to identify themselves?
Under temporary detention, can a person be required to identify themselves?
What is the act of withholding a person by design?
What is the act of withholding a person by design?
The right to search the immediate area of control in a search incident to an arrest was affirmed in which case?
The right to search the immediate area of control in a search incident to an arrest was affirmed in which case?
What is a search warrant?
What is a search warrant?
What is holding a person for a limited time who is not yet answerable to a criminal offense?
What is holding a person for a limited time who is not yet answerable to a criminal offense?
According to the Code of Criminal Procedure, what happens if a witness from another state comes under an order to attend and testify?
According to the Code of Criminal Procedure, what happens if a witness from another state comes under an order to attend and testify?
What must an officer have to believe property is stolen for seizure?
What must an officer have to believe property is stolen for seizure?
When may a peace officer arrest without a warrant according to the Penal Code?
When may a peace officer arrest without a warrant according to the Penal Code?
What exists when facts and circumstances warrant a prudent man believing an offense has been committed?
What exists when facts and circumstances warrant a prudent man believing an offense has been committed?
What is the actual forcible detention of a person within certain limits?
What is the actual forcible detention of a person within certain limits?
What amendment is the primary focus of the Miranda v. Arizona case?
What amendment is the primary focus of the Miranda v. Arizona case?
According to the Code of Criminal Procedure, what kind of offense requires an arrest without a warrant?
According to the Code of Criminal Procedure, what kind of offense requires an arrest without a warrant?
Which circumstances require an arrest without a warrant occurring in the presence of an officer?
Which circumstances require an arrest without a warrant occurring in the presence of an officer?
Which circumstances allow a peace officer to break down the door of a house?
Which circumstances allow a peace officer to break down the door of a house?
What doctrine excludes evidence obtained after illegal government action?
What doctrine excludes evidence obtained after illegal government action?
What must there be to allow a frisk of a suspect?
What must there be to allow a frisk of a suspect?
When is a search justified after lawful arrest?
When is a search justified after lawful arrest?
What is the area of open space surrounding a dwelling, immediately adjacent to the house?
What is the area of open space surrounding a dwelling, immediately adjacent to the house?
What is NOT part of the element of an offense according to the Penal Code?
What is NOT part of the element of an offense according to the Penal Code?
In the case of an 'exception to an offense,' whose burden of proof lies?
In the case of an 'exception to an offense,' whose burden of proof lies?
How does a person act intentionally with regard to their conduct?
How does a person act intentionally with regard to their conduct?
According to the Penal Code, when is a person criminally responsible as a party to an offense?
According to the Penal Code, when is a person criminally responsible as a party to an offense?
What is an affirmative defense to prosecution involving a threat of serious bodily injury?
What is an affirmative defense to prosecution involving a threat of serious bodily injury?
What is a mistake of fact according to the Penal Code?
What is a mistake of fact according to the Penal Code?
In order to prove public intoxication, a person must appear where?
In order to prove public intoxication, a person must appear where?
What is the most serious offense committed when a person is shot and killed during a robbery?
What is the most serious offense committed when a person is shot and killed during a robbery?
What is the most serious offense if a person abducts a child and demands a ransom but releases the child unharmed?
What is the most serious offense if a person abducts a child and demands a ransom but releases the child unharmed?
What offense is committed if a person threatens harm to another for their service as a witness?
What offense is committed if a person threatens harm to another for their service as a witness?
What clause defines arson in terms of causing an explosion?
What clause defines arson in terms of causing an explosion?
What offense occurs if a person causes bodily injury while committing theft?
What offense occurs if a person causes bodily injury while committing theft?
What is the most serious offense when serious bodily injury occurs during a theft?
What is the most serious offense when serious bodily injury occurs during a theft?
What is the most serious offense committed when a person breaks into a vehicle and steals a computer?
What is the most serious offense committed when a person breaks into a vehicle and steals a computer?
A person commits theft if they unlawfully appropriate property with what intent?
A person commits theft if they unlawfully appropriate property with what intent?
What offense does a person commit by removing a price tag and replacing it with a lower price?
What offense does a person commit by removing a price tag and replacing it with a lower price?
What offense involves stealing a credit card with the intent to use it?
What offense involves stealing a credit card with the intent to use it?
What offense occurs if a person knowingly prevents a writ from being served?
What offense occurs if a person knowingly prevents a writ from being served?
What offense occurs when a person disrupts a meeting or procession?
What offense occurs when a person disrupts a meeting or procession?
What offense involves soliciting sexual conduct for compensation?
What offense involves soliciting sexual conduct for compensation?
What offense occurs by intentionally operating a gambling business?
What offense occurs by intentionally operating a gambling business?
According to the Penal Code, what is considered a deadly weapon?
According to the Penal Code, what is considered a deadly weapon?
According to the Penal Code, what must be proven for a conviction?
According to the Penal Code, what must be proven for a conviction?
Which of the following persons is NOT permitted to carry a handgun?
Which of the following persons is NOT permitted to carry a handgun?
What offense is committed if a person intentionally or knowingly abducts another person for use as a shield?
What offense is committed if a person intentionally or knowingly abducts another person for use as a shield?
Study Notes
Wellness and Continuing Education
- Wellness is defined as the condition of the human organism concerning its health and disease status and risk potential.
- Peace officers must complete 40 hours of continuing education every 24 months according to the Occupations Code.
License Name Changes and Arrest Reporting
- Name changes of licensees must be reported to the Commission within 30 days.
- License holders arrested for any offense above a Class C misdemeanor must report the arrest facts in writing also within 30 days.
- Failure to meet continuing education requirements by the expiration date results in license expiration.
Law Enforcement Models and Objectivity
- The professional model for law enforcement enhances problem-solving techniques.
- Objectivity involves expressing facts without distortion from personal feelings or biases.
Investigations and Civil Rights
- The Federal Bureau of Investigation typically conducts investigations relating to civil rights violations under color of law.
Rights and Protections
- The Sixth Amendment guarantees the right to a public trial.
- The Eighth Amendment prohibits cruel and unusual punishment.
- The Tenth Amendment reserves powers not explicitly assigned to the federal government to the states.
Legal Procedures and Definitions
- A writ of habeas corpus is an order from a judge mandating that a person in custody be brought before the court.
- A complaint is a written statement made before a magistrate outlining a charge against a person.
Family Violence and Use of Force
- Peace officers dealing with family violence must inform potential victims of their legal rights.
- Not all options for dispersing a riot are permissible; unnecessary force is prohibited.
Legal Terms and Judicial Roles
- Bail is the security given by a defendant to guarantee their appearance in court.
- An indictment is a written statement by a grand jury accusing someone of an offense.
Arrest and Search Protocols
- A person is officially arrested when taken into custody.
- Peace officers can pursue a fleeing suspect across state lines if suspected of committing a felony.
- Search warrants are valid for three whole days from the date of issuance.
Court Jurisdiction and Criminal Justice
- The District Court has original jurisdiction over all felony cases.
- Complaints and informations are processes related to initiating criminal charges.
Racial Profiling and Probable Cause
- Racial profiling is defined as law enforcement actions based on ethnicity rather than behavior.
- Probable cause is the legal standard necessary for searches and seizures.
Miranda Rights and Temporary Detention
- The Miranda v. Arizona case affirms the right to have an attorney present during questioning.
- Under temporary detention, a person cannot be compelled to identify themselves.
Arrest Warrant and Constructive Custody
- An arrest warrant is an order from a magistrate directing the apprehension of a person.
- Constructive custody is defined as the actual forcible detention of a person.
Criminal Responsibility and Offenses
- A person acts intentionally if their conscious objective is to engage in specific conduct.
- Duress is a defense to prosecution, arising from threats of serious bodily injury.
- Public intoxication requires a person to be visibly intoxicated in a public place.
Categories of Offenses
- The most serious offense during a robbery that results in a murder is classified as capital murder.
- Abduction with ransom demands falls under aggravated kidnapping.
Definitions and Legal Presumptions
- A deadly weapon is defined as anything capable of causing serious bodily injury in its intended use.
- The presumption of innocence applies to all individuals until proven guilty beyond a reasonable doubt.
Specific Criminal Offenses
- Providing false information to alter price tags constitutes fraudulent removal or concealment.
- Crimes related to gambling and prostitution fall under their respective categories in the Penal Code.
Domestic Violence and Assaults
- Assault can take various forms, including aggravated assault, which involves causing bodily harm.
- Kidnapping and unlawful restraint are both treatable under specific statutes within the Penal Code.
Homicide Classifications
- Murder involves the intentional taking of life, while manslaughter refers to reckless actions leading to death.
- Intoxication manslaughter addresses fatalities resulting from impairment while operating vehicles or machinery.### Weapons and Offenses
- A shotgun is defined as a firearm with an overall length of less than 26 inches.
- Section 46.02 of the Penal Code outlines activities related to unlawfully carrying weapons, but specific types of firearms may not be covered, such as shotguns.
Alcohol-Related Offenses
- Possession of an open container of alcohol in a passenger area of a motor vehicle on a public highway constitutes the offense of possession of alcoholic beverage in a motor vehicle.
Legal Documentation
- Governmental record refers to any official document issued by a government entity, other state, or the United States, including licenses, permits, and letters of patent.
Tobacco Regulations
- Smoking tobacco in prohibited areas, such as elevators, is considered an offense under the Penal Code.
Child Custody Violations
- Retaining a child under 18 years old in violation of a legal judgment leads to the offense known as interference with child custody.
Entrapment Definition
- Under the Penal Code, merely providing an opportunity to commit an offense does not qualify as entrapment.
Justification for Deadly Force
- The use of deadly force is considered justified when a person reasonably believes it is necessary to prevent an imminent robbery.
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Prepare for your TCOLE exam with these comprehensive flashcards. Each card covers essential terms such as wellness and continuing education requirements for peace officers. Enhance your study routine and ensure you're ready for the challenges ahead.
