TCOLE Master Study Guide Flashcards

Questions and Answers

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 _____.

Unlawful restraint

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 _____.

Indecency with a child Signup and view all the answers

According to the Penal Code, the person has committed the offense of _____.

Aggravated assault Signup and view all the answers

According to the Penal Code, the person has committed the offense of _____.

Murder Signup and view all the answers

According to the Penal Code, the person has committed the offense of _____.

Manslaughter Signup and view all the answers

According to the Penal Code, the person has committed the offense of _____.

Intoxication manslaughter Signup and view all the answers

According to the Penal Code, which of the following is a 'short barrel' firearm?

A shotgun with an overall length of less than 26 inches Signup and view all the answers

According to the Penal Code, which of the following is NOT covered in Section 46.02, 'unlawfully carrying weapons'?

Shotgun Signup and view all the answers

According to the Penal Code, the person has committed the offense of _____.

Possession of alcoholic beverage in motor vehicle Signup and view all the answers

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 _____.

Governmental record Signup and view all the answers

According to the Penal Code, what offense has been committed if a person is in possession of a burning tobacco product in an elevator?

Smoking tobacco Signup and view all the answers

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?

Interference with child custody Signup and view all the answers

According to the Penal Code, conduct merely affording a person an opportunity to commit an offense does not constitute _____.

Entrapment Signup and view all the answers

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 _____.

prevent the other's imminent commission of robbery Signup and view all the answers

What is the condition of the human organism that consists of its health and disease status and risk potential?

Wellness Signup and view all the answers

How many hours of legislatively required continuing education training must a licensed peace officer complete every 24 months?

40 hours Signup and view all the answers

According to Commission Rules, within how many days must a licensee report a name change to the Commission?

30 days Signup and view all the answers

If a current license holder is arrested for an offense above a Class C misdemeanor, within how many days must the arrest be reported?

30 days Signup and view all the answers

What happens to the license of any licensee who does not meet the required continuing education by the expiration date?

Expire Signup and view all the answers

Which of the following is an advantage of having the professional model for law enforcement?

More effective problem solving techniques Signup and view all the answers

What is the expression or use of facts without distortion by personal feelings or prejudices?

Objectivity Signup and view all the answers

Investigations relating to the deprivation of civil rights under color of law are usually conducted by the?

Federal Bureau of Investigation Signup and view all the answers

According to the Penal Code, what offense does a public servant commit if they intentionally subject another to sexual harassment under color of office?

Official Oppression Signup and view all the answers

What right does the Sixth Amendment to the U.S. Constitution provide?

Right to trial, open to the public Signup and view all the answers

Which amendment prohibits cruel and unusual punishment?

8th Signup and view all the answers

According to the _____ Amendment, powers not specifically reserved to the federal government are reserved to the state government.

10th Signup and view all the answers

What is an order issued by a judge commanding someone to produce a person in their custody?

Writ of habeas corpus Signup and view all the answers

Which court case affirmed a person's right to free speech?

Dural v. City of Douglas Signup and view all the answers

The 5th Amendment provides protection from what?

Self-Incrimination Signup and view all the answers

Which amendment limits the level of force that may be used to reasonable force?

4th Signup and view all the answers

What are the primary components of the American Criminal Justice System?

Police, courts, and correctional Signup and view all the answers

What is law that defines personal and property rights of individuals?

Civil Law Signup and view all the answers

Which of the following is NOT a magistrate?

District Attorney Signup and view all the answers

Which of the following are NOT Texas peace officers?

Special agents of Alcohol, Tobacco and Firearms Signup and view all the answers

The Court of Criminal Appeals does NOT review what?

Decisions of civil cases Signup and view all the answers

Which court has original jurisdiction of all misdemeanors with exclusive original jurisdiction not given to the justice court?

County Signup and view all the answers

What must a peace officer advise a possible adult victim of family violence?

Giving written notice of a victim's legal rights Signup and view all the answers

Which of the following is NOT a use of force option for dispersing a riot?

Use any degree of force Signup and view all the answers

What is an affidavit made before a magistrate charging the commission of an offense?

Complaint Signup and view all the answers

What is the security given by the accused to ensure their appearance in court?

Bail Signup and view all the answers

What is a written statement of a grand jury accusing a person of an offense?

Indictment Signup and view all the answers

When is a person considered arrested?

Taken into custody Signup and view all the answers

What is a written statement filed by a district attorney that charges a person with an offense?

Information Signup and view all the answers

What is required for a peace officer from another state to pursue a fleeing person into Texas?

A felony Signup and view all the answers

According to the Code of Criminal Procedure, how many whole days does the time allowed for the execution of a search warrant cover?

3 whole days Signup and view all the answers

Which court has original jurisdiction over all felony cases?

District Court Signup and view all the answers

What is the court's writ directing a peace officer to arrest a person accused of an offense?

Capias Signup and view all the answers

Appeals from the Justice Court are heard by which court?

County Court Signup and view all the answers

What is a law enforcement-initiated action based on ethnicity or national origin rather than behavior?

Racial Profiling Signup and view all the answers

When a peace officer meets resistance in discharging any duty imposed by law, what must they do?

Shall command a sufficient number of citizens of his county to overcome the resistance Signup and view all the answers

What circumstances exist when there is not enough time to obtain a warrant and the officer must establish probable cause?

Emergency Signup and view all the answers

Which case affirmed the right to have an attorney present during questioning?

Miranda v. Arizona Signup and view all the answers

What do persons found in suspicious places, under circumstances showing they may commit an offense, have the right to do?

Be arrested without a warrant Signup and view all the answers

According to the Code of Criminal Procedure, when may a peace officer arrest without a warrant?

When a felony or breach of the peace has been committed in their presence Signup and view all the answers

In U.S. v. Carroll, what did the Supreme Court uphold regarding vehicle searches?

Probable cause Signup and view all the answers

Under temporary detention, can a person be required to identify themselves?

Cannot Signup and view all the answers

What is the act of withholding a person by design?

Detention Signup and view all the answers

The right to search the immediate area of control in a search incident to an arrest was affirmed in which case?

Chimel v. California Signup and view all the answers

What is a search warrant?

A written order commanding a peace officer to search for and seize property Signup and view all the answers

What is holding a person for a limited time who is not yet answerable to a criminal offense?

Temporary Detention Signup and view all the answers

According to the Code of Criminal Procedure, what happens if a witness from another state comes under an order to attend and testify?

Not subject to arrest Signup and view all the answers

What must an officer have to believe property is stolen for seizure?

Probable Cause Signup and view all the answers

When may a peace officer arrest without a warrant according to the Penal Code?

When a felony is committed in the presence of a magistrate Signup and view all the answers

What exists when facts and circumstances warrant a prudent man believing an offense has been committed?

Probable Cause Signup and view all the answers

What is the actual forcible detention of a person within certain limits?

Constructive Custody Signup and view all the answers

What amendment is the primary focus of the Miranda v. Arizona case?

5th Signup and view all the answers

According to the Code of Criminal Procedure, what kind of offense requires an arrest without a warrant?

Felony Signup and view all the answers

Which circumstances require an arrest without a warrant occurring in the presence of an officer?

Probable cause to believe someone is violating a protective order Signup and view all the answers

Which circumstances allow a peace officer to break down the door of a house?

If he has been refused admittance after giving notice of his authority and purpose, during a felony Signup and view all the answers

What doctrine excludes evidence obtained after illegal government action?

Poisonous tree doctrine Signup and view all the answers

What must there be to allow a frisk of a suspect?

Reasonable fear Signup and view all the answers

When is a search justified after lawful arrest?

Incidental Signup and view all the answers

What is the area of open space surrounding a dwelling, immediately adjacent to the house?

Curtilage Signup and view all the answers

What is NOT part of the element of an offense according to the Penal Code?

Admission of guilt Signup and view all the answers

In the case of an 'exception to an offense,' whose burden of proof lies?

Prosecuting attorney Signup and view all the answers

How does a person act intentionally with regard to their conduct?

Conscious objective or desire to engage in the conduct Signup and view all the answers

According to the Penal Code, when is a person criminally responsible as a party to an offense?

Committed by his own conduct Signup and view all the answers

What is an affirmative defense to prosecution involving a threat of serious bodily injury?

Duress Signup and view all the answers

What is a mistake of fact according to the Penal Code?

A defense to prosecution Signup and view all the answers

In order to prove public intoxication, a person must appear where?

In a public place while intoxicated to a degree that may endanger themselves or others Signup and view all the answers

What is the most serious offense committed when a person is shot and killed during a robbery?

Capital Murder Signup and view all the answers

What is the most serious offense if a person abducts a child and demands a ransom but releases the child unharmed?

Aggravated Kidnapping Signup and view all the answers

What offense is committed if a person threatens harm to another for their service as a witness?

Obstruction or Retaliation Signup and view all the answers

What clause defines arson in terms of causing an explosion?

Offense of Arson Signup and view all the answers

What offense occurs if a person causes bodily injury while committing theft?

Robbery Signup and view all the answers

What is the most serious offense when serious bodily injury occurs during a theft?

Aggravated Robbery Signup and view all the answers

What is the most serious offense committed when a person breaks into a vehicle and steals a computer?

Burglary Signup and view all the answers

A person commits theft if they unlawfully appropriate property with what intent?

Intent to deprive the owner of the property Signup and view all the answers

What offense does a person commit by removing a price tag and replacing it with a lower price?

Fraudulent destruction, removal, or concealment of writing Signup and view all the answers

What offense involves stealing a credit card with the intent to use it?

Credit Card Abuse Signup and view all the answers

What offense occurs if a person knowingly prevents a writ from being served?

Preventing Execution of Civil Process Signup and view all the answers

What offense occurs when a person disrupts a meeting or procession?

Disrupting Meeting or Procession Signup and view all the answers

What offense involves soliciting sexual conduct for compensation?

Promotion of Prostitution Signup and view all the answers

What offense occurs by intentionally operating a gambling business?

Gambling Promotion Signup and view all the answers

According to the Penal Code, what is considered a deadly weapon?

Anything capable of causing serious bodily injury Signup and view all the answers

According to the Penal Code, what must be proven for a conviction?

Beyond a reasonable doubt Signup and view all the answers

Which of the following persons is NOT permitted to carry a handgun?

A person carrying large sums of money Signup and view all the answers

What offense is committed if a person intentionally or knowingly abducts another person for use as a shield?

Abduction with intent to use as a shield or hostage Signup and view all the answers

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.

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.