Code of Criminal Procedure and Penal Code Analysis for Texas, Exams of Humanities

Download Code of Criminal Procedure and Penal Code Analysis for Texas and more Exams Humanities in PDF only on Docsity! TCOLE BPOC Practice Exam with 100% Correct Answers 2024 1. That condition of the human organism that consists of its health and disease status and risk potential. - ✓✓✓Wellness 2. According to the Occupations Code, a person licensed as a peace officer must complete 40 hours of legislatively required continuing education training every _____ - ✓✓✓24 months. 3. According to the Commission Rules, if a licensee's name is changed for any reason, such as marriage, divorce, or other court action, it must be reported to the Commission within _____ days. - ✓✓✓30 4. According to the Commission Rules, if a current license holder is arrested for any offense above a Class C misdemeanor, the license holder shall report the facts of the arrest to the Commission in writing within _____. - ✓✓✓30 days 5. According to the Commission Rules, the license of any licensee who does not meet the legislatively required continuing education by the expiration date will _____. - ✓✓✓expire 6. Which of the following is an advantage of having a professional model for law enforcement? - ✓✓✓More effective problem solving techniques. 7. The expression or use of facts without distortion by personal feelings or prejudice is the definition of _____. - ✓✓✓objectivity 8. Investigations relating to the deprivation of civil rights under color of law are usually conducted by _____. - ✓✓✓Federal Bureau of Investigations pg. 1 9. According to the Penal Code, a public servant acting under the color of office or employment commits the offense of Official Oppression if the public servant _____. - ✓✓✓intentionally subjects another to sexual harassment 10.The Sixth Amendment to the U.S. Constitution _____. - ✓✓✓gives you the right to trial, open to the public 11.Cruel and unusual punishment are prohibited by which amendment? - ✓✓✓8th 12.According to the _____ Amendment of the U.S. Constitution, powers not specifically reserved to the federal government are reserved to the state government. - ✓✓✓10th 13.According to the Code of Criminal Procedure, a _____ is an order issued by a judge directed to anyone having a person in their custody, commanding them to produce such person and show why they are in custody. - ✓✓✓writ of habeas corpus 14.Which court case affirmed a person's right to free speech? - ✓✓✓Duran v. City of Douglas, AZ 15.The 5th Amendment to the U.S. Constitution gives citizens the protection from _____. - ✓✓✓self-incrimination 16.The _____ Amendment limits the level of force that may be used to reasonable force. - ✓✓✓4th 17.The primary components of the American Justice System are _____. - ✓✓✓police, courts, and correctional pg. 2 34.According to the Code of Criminal Procedure, appeals from the Justice Court are heard by the _____ Court. - ✓✓✓County 35.According to the Code of Criminal Procedure, what is the term for a written order from a magistrate, directed to a peace officer, commanding them to take a body of the person accused of an offense, to be dealt with according to law? - ✓✓✓Arrest warrant 36.According to the Code of Criminal Procedure, what is a law enforcement - initiated action based on an individual's ethnicity or national origin rather than the individual's behavior? - ✓✓✓Racial profiling 37.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 county to overcome the resistance. - ✓✓✓shall 38._____ circumstances exist when there is not enough time to obtain a warrant and the officer must establish probable cause. - ✓✓✓Emergency 39.The right to have an attorney present during any questioning was affirmed by _____. - ✓✓✓Miranda v. Arizona 40.Persons found in suspicious places, and under circumstances which reasonably show that such persons are about to commit some offense against the laws may _____. - ✓✓✓be arrested without a warrant 41.According to the Code of Criminal Procedure, 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 felony pg. 5 42. In U.S. v. Carroll, the Supreme Court upheld an officer's right to search a vehicle's truck when the officers have _____. - ✓✓✓probable cause 43.Under temporary detention, a person _____be required to identify himself. - ✓✓✓cannot 44.The act of keeping back, or withholding, by design, a person, is the definition of _____. - ✓✓✓detention 45.The right of the officer to search the immediate area of control in a search incident to an arrest was affirmed in _____. - ✓✓✓Chimel v. California 46.According to the Code of Criminal Procedure, a search warrant is a written order issued by a magistrate and directed to a peace officer, commanding him to _____. - ✓✓✓search for any property or thing and seize the same 47.Holding a person for a limited time who, as yet, is not answerable to a criminal offense is _____. - ✓✓✓temporary detention 48.According to the Code of Criminal Procedure, 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 49.According to the Code of Criminal Procedure, an officer must have _____ to believe the property is stolen to justify seizure of the property. - ✓✓✓probable cause pg. 6 50.According to the Code of Criminal Procedure, a peace officer may arrest without a warrant, when a felony or breach of the peace has been committed in the presence or within view of a _____ and such person verbally orders the arrest of the offender. - ✓✓✓magistrate 51._____ exists when the facts and circumstances known to the officer would warrant a prudent man believing that an offense has been committed. - ✓✓✓Probable cause 52.According to the Code of Criminal Procedure, what is the actual forcible detention of a person and other coercive measures to detain him within certain limits? - ✓✓✓Constructive custody 53.Which U.S. Constitutional amendment is the primary focus of the Miranda v. Arizona case? - ✓✓✓5th 54.According to the Code of Criminal Procedure, a citizen may, without a warrant, arrest an offender when the offense is committed within their view is a _____. - ✓✓✓felony 55.According to the Code of Criminal Procedure, which of the following occurring in the presence of an officer, requires an arrest, even without a warrant? - ✓✓✓There is a person the officer has probable cause to believe is violating a protective order. 56.According to the Code of Criminal Procedure, a peace officer may break down the door of any house for the purpose of making an arrest if he has been refused admittance after giving notice of his authority and purpose under which of the following circumstances. - ✓✓✓Felony pg. 7 73.A person knowingly causes serious bodily to another in the course of committing theft. According to the Penal Code, what is the most serious offense committed? - ✓✓✓Aggravated robbery 74.A person breaks into an attached garage, breaks into a vehicle parked in the garage, and steals a $1500.00 computer from the back seat. According to the Penal Code, what is the most serious offense committed? - ✓✓✓Burglary of a habitation 75.According to the Penal Code, a person commits the offense of theft if they _____ appropriate property with intent to deprive the owner of the property. - ✓✓✓unlawfully 76.A person removes a $450.00 price tag from a retail item, replace it with a $200.00 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 77.A person steals a credit card with the intent to use it. According to the Penal Code, the person has committed the offense of _____. - ✓✓✓credit card abuse 78.A person knowingly prevents a writ from being served in a civil case. According to the Penal Code, the person has committed the offense of _____. - ✓✓✓preventing execution of civil process 79.A person enters the county commissioners' meeting and begins to shout obscenities. According to the Penal Code, that person has committed the offense of _____. - ✓✓✓disrupting meeting or procession pg. 10 80.According to the Penal Code, a person knowingly solicits another to engage in sexual conduct with another person for compensation commits the offense of _____. - ✓✓✓promotion of prostitution 81.According to the Penal Code, a person who intentionally operates or participates in the earnings of a gambling place has committed the offense of _____. - ✓✓✓gambling promotion. 82.According to the Penal Code, what is the definition of a deadly weapon? - ✓✓✓Anything that, in its manner of intended use, is capable of causing serious bodily injury. 83.According to the Penal Code, all persons are presumed to be innocent, and no person may be convicted of any offense unless each element of the offense is proven _____. - ✓✓✓beyond a reasonable doubt 84.According to the Penal Code, which of the persons is NOT permitted to carry, on or about their person, a handgun? - ✓✓✓A person carrying large sums of money. 85.A person intentionally or knowingly abducts another person with the intent to use them as a shield or hostage. According to the Penal Code, the person has committed the offense of _____. - ✓✓✓aggravated kidnapping 86.A person intentionally or knowingly restrains another person. According to the Penal Code, the person has committed the offense of _____. - ✓✓✓unlawful restraint 87.A person intentionally or knowingly abducts another person. According to the Penal Code, the person has committed the offense of _____. - ✓✓✓kidnapping pg. 11 88.A person engaged in sexual contact with a child younger than 17 years of age, who is not their spouse, and is more than 3 years older than the child. According to the Penal Code, the person has committed the offense of _____. - ✓✓✓indecency with a child 89.A person intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse. According to the Penal Code, the person has committed the offense of _____. - ✓✓✓assault 90.A person intentionally or knowingly causes the death of an individual. According to the Penal Code, the person has committed the offense of _____. - ✓✓✓murder 91.A person recklessly causes the death of an individual. According to the Penal Code, the person has committed the offense of _____. - ✓✓✓manslaughter 92.A person operated an amusement ride while intoxicated, and by reason of that intoxication causes the death of another by accident or mistake. According to the Penal Code, the person has committed the offense of _____. - ✓✓✓intoxicated manslaughter 93.According to the Penal Code, which of the following is a "short barrel" firearm? - ✓✓✓A shotgun with an overall length if less than 26-inches. 94.According to the Penal Code, which of the following is NOT covered in Section 46.02, "Unlawful Carrying Weapons?" - ✓✓✓Shotgun 95.A person, not the operator, knowingly possesses an open container (of alcohol) in a passenger area of a motor vehicle that is located on a public highway. According to the Penal Code, the person has committed the offense of _____. - ✓✓✓possession of alcoholic beverage in a motor vehicle pg. 12 113. According to the Transportation Code, a temporary prohibition driving a commercial motor vehicle is what type of order? - ✓✓✓Out of service 114. According to the Transportation Code, an operator approaching a railroad grade crossing shall stop if a railroad engine approaching within approximately _____ feet of the highway crossing emits a signal audible from that distance. - ✓✓✓1500 115. According to the Transportation Code, an operator emerging from an alley shall stop the vehicle _____. - ✓✓✓before moving on a sidewalk 116. According to the Transportation Code, an operator may not, except momentarily to pick up or discharge a passenger, stand or park an occupied or unoccupied vehicle within how many feet of a hydrant? - ✓✓✓15 117. According to the Transportation Code, an operator giving hand signals shall give them from _____. - ✓✓✓the left side of the vehicle 118. According to the Transportation Code, an operator may not drive at a speed greater than is reasonable and _____ under the circumstances existing. - ✓✓✓prudent 119. According to the Transportation Code, a vehicle equipped with hazard lamps to warn other vehicle operators of a vehicular traffic hazard shall have the lamps visible at a distance of at least _____ feet in normal sunlight. - ✓✓✓500 120. According to the Transportation Code, a turn signal lamp mounted on the rear of a vehicle shall emit _____ light. - ✓✓✓red or amber pg. 15 121. According to the Transportation Code, unless expressly provided otherwise, a lighting device or reflector mounted on the rear of a vehicle must be or reflect _____. - ✓✓✓red 122. According to the Transportation Code, an operator may not follow an ambulance closer than _____when it is displaying headlights. - ✓✓✓500 feet 123. According to the Transportation Code, what is the minimum light transmission percentage allowable for window tinting? - ✓✓✓25 124. According to the Transportation Code, a person has a disability if they have a/and _____ that substantially impairs the person's ability to ambulate. - ✓✓✓mobility problem 125. According to the Transportation Code, a motor vehicle is abandoned if the motor vehicle is inoperable, is more than 5 years old, and has been left unattended on public property for more than _____ hours. - ✓✓✓48 126. According to the Transportation Code, a buyer's temporary cardboard tags are valid for _____ days after the purchase. - ✓✓✓21 127. According to the Transportation Code, which of the following is a recognized way to establish the financial responsibility requirements for the operation of a motor vehicle? - ✓✓✓Surety bond 128. According to the Transportation Code, a _____ is the width between the boundary lines of a public maintained way, and any part of which is open to the public for vehicular traffic. - ✓✓✓highway or street 129. According to the Transportation Code, an operator moving around a rotary traffic island shall drive only to the _____ of the island. - ✓✓✓right pg. 16 130. According to the Transportation Code, an operator passing another vehicle shall return to authorized lane of travel before coming within _____ feet of an approaching vehicle, if a lane authorized for vehicles approaching from the opposite direction is used for passing. - ✓✓✓200 131. According to the Transportation Code, it is unlawful to operate an open bed pickup truck with a child younger than _____ in the open bed. - ✓✓✓18 132. According to the Transportation Code, an operator shall dim headlights when an approaching vehicle is within _____ feet. - ✓✓✓500 133. According to Rules of Civil Procedure, the document that commands a sheriff or constable to take into their possession the property, if to be found in their county, and keep the same subject to further orders of the court, is known as a writ of _____. - ✓✓✓sequestration 134. According to the Rules of Civil Procedure, a distress warrant may be filed with a _____. - ✓✓✓justice of the peace 135. According to the Penal Code, sexual harassment is an element of which offense? - ✓✓✓Official oppression 136. According to the Rules of Civil Procedure, a citation may normally be served on any day except a _____. - ✓✓✓Sunday 137. According to the Property Code, a writ instructing the tenant and all persons claiming under the tenant to leave the premises immediately is a writ of _____. - ✓✓✓possession pg. 17 155. According to the Penal Code, _____ is failing to return to custody following a temporary leave for a specific purpose. - ✓✓✓escape 156. Peace officers are granted the authority to use force by the Texas _____. - ✓✓✓penal code 157. According to the Penal Code, deadly force is NOT justified to _____. - ✓✓✓prevent someone from committing suicide 158. According to the Penal Code, an amount of force that is intended or known by the actor to cause, or in any manner of its use or intended use is capable of causing, death or serious bodily injury is _____. - ✓✓✓deadly force 159. According to the Penal Code, the threat of force is justified only when _____. - ✓✓✓the use of force is justified 160. According to the Penal Code, a person who uses force against another may be _____ liable if the force is justified. - ✓✓✓civilly but not criminally 161. According to the Penal Code, even though an actor is justified in using deadly force against another, if in doing so he recklessly kills an innocent third party, the justification is _____ in a prosecution for the recklessly killing of the innocent third party. - ✓✓✓unavailable 162. According to the Penal Code, the use of force, but not deadly force, against a child younger than _____ years of age is justified if the actor is the child's parent. - ✓✓✓18 163. According to the Penal Code, a person is justified in using deadly force against another _____. - ✓✓✓if a reasonable person in the actor's situation would not have retreated. pg. 20 164. According to the Penal Code, the use of force against another when and to the degree they reasonably believe the force is immediately necessary to protect themselves against the other's use or attempted use of unlawful force, is justified as _____. - ✓✓✓self-defense 165. That degree of influence the officer must exert over the violator to take him or her safely into custody is known as _____. - ✓✓✓control 166. _____ are obstacles to effective communication, and officers should try to eliminate them if possible. - ✓✓✓Constraints 167. Which of the following is one of the helpful tools used in verbal persuasion? - ✓✓✓empathy 168. One of the tools an officer uses to maintain a psychological and physical edge is _____. - ✓✓✓demonstrated alertness 169. The good faith defense for an officer is enhanced when following the _____ of the department. - ✓✓✓written directives 170. A police supervisor has a/an _____ duty to intervene to stop officers who are engaging in excessive force in their presence. - ✓✓✓affirmative 171. Which of the following is NOT a consideration used by the courts to determine if unreasonable force was used? - ✓✓✓Area in which offense occurred. 172. One of the greatest assets to use in dealing with a violator is _____. - ✓✓✓self-control pg. 21 173. Handcuffs are only a _____ restraining device. - ✓✓✓temporary 174. When two officers are interviewing one subject, the second officer's position should be _____. - ✓✓✓to the right or left of the subject 175. Which of the following is a force option? - ✓✓✓Professional presence 176. Weaponless strategies include _____. - ✓✓✓touching 177. Which of the following is considered a risk factor in the physical process of arrest? - ✓✓✓Supportive spectators 178. Justification of baton use includes _____. - ✓✓✓physical stature of offender 179. One of the advantages of the rear approach to suspects is _____. - ✓✓✓surprise 180. When handcuffing two suspects together with one set of handcuffs, it is recommended to handcuff _____. - ✓✓✓left to left hand 181. Which court case dealt with warning shots? - ✓✓✓Jones v. Wittenberg University 182. The Commission requires a minimum amount of _____ rounds for basic handgun qualification. - ✓✓✓50 183. The minimum firearms qualification is established at what percentage of the total possible score? - ✓✓✓70 pg. 22 203. Operation "ID" encourages citizens to mark their property with their _____ number - ✓✓✓driver’s license 204. Which part of the 7-step violator method affords the violator an opportunity to explain or justify the violation? - ✓✓✓Statement of violation committed. 205. Conducting property checks, questioning suspicious persons, varying patrol patterns, and maintaining high visibility best describe _____. - ✓✓✓preventative patrol 206. Proactive anticipation, recognition, and appraisal of a crime risk and the action needed to remove or reduce that risk is crime _____. - ✓✓✓prevention 207. Flexibility where the use of motorized vehicles is impractical, high visibility, and intense patrol are some advantages of _____. - ✓✓✓bicycle patrol 208. One of the objectives of patrol is to _____. - ✓✓✓preserve the peace 209. The two types of problem area patrol are _____ and _____. - ✓✓✓preventative, apprehensive 210. Mail boxes, utility poles, automobiles, and brick walls are all examples of _____. - ✓✓✓cover 211. All of the following are persistent systems of increased arousal in post- traumatic stress disorder except _____. - ✓✓✓ambivalence towards danger 212. The normal response to trauma follows a similar pattern called the _____. - ✓✓✓crisis reaction pg. 25 213. Physical arousal associated with fight or flight cannot be sustained; eventually it will result in _____. - ✓✓✓exhaustion 214. Which of the following is not one of the elements of a victim's reaction to crime? - ✓✓✓Frustration 215. To prevent the disqualification of family violence victims from receiving crime victim compensation, officers should arrest the _____ instead of arresting both parties when responding to family violence calls. - ✓✓✓primary aggressor 216. According to the Family Code, _____ is an act by a member of a family or household against another member of the family or household that intended to result in physical harm, bodily injury, assault, or sexual assault. - ✓✓✓family violence 217. According to the Family Code, a protective order is effective for the period stated in the order, not to exceed _____. - ✓✓✓2 years 218. Up to 80% of crisis situations can be defused through _____. - ✓✓✓listening 219. According to the Code of Criminal Procedure, a magistrate may extend the detention period on a person who is arrested in the prevention of family violence by a period not to exceed _____ hours. - ✓✓✓48 220. According to the Family Code, _____ means an act by an individual that is against another individual with whom that person has had a dating relationship and that is intended to result in physical harm. - ✓✓✓dating violence 221. According to the Code of Criminal Procedure, a peace officer _____ arrest, without a warrant, a person the peace officer has a problem cause to pg. 26 believe has violated a protective order, if the offense is committed in the presence of the peace officer. - ✓✓✓shall 222. According to the Code of Criminal Procedure, a peace officer may request a magistrate's order for emergency protection at a defendant's appearance before a magistrate after an arrest for _____. - ✓✓✓an offense involving family violence 223. According to the Health and Safety Code, before a peace officer may take a person believed to be mentally ill into custody without a warrant, the officer's belief must be based on all of the following except _____. - ✓✓✓request of a person 224. The single most common factor in suicide is _____. - ✓✓✓depression 225. A common stereotype about all persons with mental illness is that they are _____. - ✓✓✓violent 226. Which of the following is NOT a route of exposure to hazardous material? - ✓✓✓Reduction 227. The fact that all substances, in the right amounts, become toxic is the basis of the _____concept. - ✓✓✓DOSE Response 228. According to the Health and Safety Code, a flammable material, an explosive, a radioactive material, a hazardous material, a toxic material, or related material is the definition of _____. - ✓✓✓hazardous material 229. _____ is a route of exposure to hazardous material by being cut or abraded by a contaminated object. - ✓✓✓Injection pg. 27