No person can be convicted of a Felony except upon....

a.  verdict of a jury

b.  entering a plea in open court waiving right to jury trial

c.  sufficitent evidence presented by the State to support the guilty plea

d.  a or b and c

Senators and Representatives shall be exempt from arrest during the session of legislature except…

a.  for felony

b.  for treason

c.  for breach of the peace

d.  all the above

Which of the following are Conservators of the Peace, state wide?

a.  Justices of the Texas Supreme Court

b.  Judges of the Court of Crimina lAppeals and District Courts

c.  Justices of the Court of Appeals

d.  All the above

The proceedings and trials in all courts  _________.

a.  may be public

b.  shall be public

c.  should be public, pending the decision of the trial judge

d.  none of the above

b.  shall be public

Which of these is not a magistrate?

a.  mayor of an incorporated city or town

b.  recorder of an incorporated city or town

c.  municipal court judge of an incorporated city or town

d.  they’re all magistrates

Which of these is the "Duty of a Magistrate"?

a.  preserve the peace within his jurisdiction

b.  issue all processes intended to aid in preventing and suppressing crime

c.  cause the arrest of offenders, to be brought to punishment

d.  all the above

Which of these is not a peace officer?

a.  marshals of an incorporated city or town

b.  municipal park security officers

c.  officers commissioned by a water control and improvement district

d.  Special Agent of the F.B.I.

Which of these are Not peace officers but only have arrest authority for Felony offenses?

a.  Secret Service Agents

b.  U.S. Customs Agents

c.  A.T.F. Agents & F.B.I. Agents

d.  All the above

What is the "Duty of every Peace Officer”?

a.  preserve the peace

b.  prevent crime

c.  arrest offenders where authorized by law

d.  all the above

A peace officer ______ summon a sufficient number of citizens of his county, to over come resistance in discharging any duty imposed by law and all persons summoned are bound to obey.

a.  may

b.  shall

c.  can

d.  will

b.  shall

A peace officer is trying to arrest a criminal and has summoned a local citizen to aid him in the arrest, the citizen refused to come to the officers' aid. The officer…

a.  shall arrest the citizen for refusing to aid

b.  shall report the person tothe district or county attorney to be prosecuted

c.  may arrest the person for refusing to aid

d.  can not do anything

b.  shall report the person to the district or county attorney to be prosecuted

If a peace officer willfully refuses or fails to execute any summons, subpoena, or attachment or any legal process, he shall beliable for....

a.  a fine of up to $10,000.00

b.  a fine of $10.00 to $200.00

c.  a fine up to $500.00

d.  no offense

b.  a fine of $10.00 to $200.00

Which peace officer is a Conservator of the Peace, County wide?

a.  Constable

b.  Sheriff

c.  Marshal

d.  Chief of Police

b.  Sheriff

Which of the below courts, do Not have Criminal Court jurisdiction?

a.  County Court

b.  Justice Court

c.  Municipal Court

d.  they all do

What is a peace officers '"Duty as to threats"?

a.  prevent the threatened injury

b.  no offense for a threatened act, but may arrest when injury occurs

c.  may call as many people from his county to help prevent the threatened injury as needed

d.  a and c

How much force can an officer use to protect others from threats or injury?

a.  greater force than resistance

b.  all force necessary to repel the aggression

c.  limited force to repel the aggression

d.  minimal force to repel the aggression

b.  all force necessary to repel the aggression

Who's "Duty is it to disperse a riot"?

a.  peace officers

b.  magistrates

c.  citizens

d.  a and b

What is the statute of limitation for manslaughter?

a.  7 years

b.  10 years

c.  3 years

d.  none

Which of the below is not correct, on statute of limitation for offenses?

a.  robbery – 5 years

b.  burglary – 5 years

c.  theft by public servant – 7 years

d.  arson – 10 years

c.  theft by public servant – 7 years

Statute of limitation on misdemeanors is...

a.  2 years

b.  3 years

c.  4 years

d.  5 years

a.  2 years

A _______ may arrest a person without warrant for Felony or Breach of the Peace, committed in their presence or view.

a.  peace officer

b.  citizen

c.  magistrate

d.  any of the above

A peace officer may arrest a person without a warrant, for _____________ committed in his presence or view.

a.  felony

b.  breach of the peace

c.  any offense

d.  ordinance or code violations

c.  any offense

A magistrate can verbally order a peace officer to arrest a person, without a warrant, for ________ committed within the magistrates' presence or view.

a.  a felony

b.  a breach of the peace

c.  only offense

d.  a and b only

A peace officer can arrest without warrant, a person found in suspicious places and under circumstances which reasonably show that such person is guilty of...

a.  some felony offense

b.  public intoxication

c.  disorderly conduct or breach of the peace

d.  any of the above

d.  any of the above

Where  it is shown by satisfactory proof, to a peace officer, by a credible person, that a _________ has been committed and that the offender is about to escape so there is no time to get a warrant. Such peace officer may arrest without warrant.

a.  crime

b.  offense above class C misdemeanor

c.  felony

d.  jailable offense

c.  felony

A peace officer from another State may pursue a fleeing person into Texas and arrest them here, if the person is suspected of committing _________.

a.  a felony

b.  a misdemeanor punishable by jail

c.  any offense of the penal code

d.  any crime, under “fresh violation”

a.  a felony

When a peace officer arrests a person for an offense above a class C misdemeanor in Texas, he shall…

a.  take the arrested party before a magistrate that ordered the arrest

b.  take the arrested party before some magistrate of the county of arrest, without an order

c.  if necessary to obtain magistrates' warning, to a magistrate in a bordering county

d.  any of the above

“A _________ is a written order from a magistrate, directed to a peace officer, commanding him to take the body of the person accused of an offense, to be dealt with according to law.”

a.  capias

b.  commitment

c.  arrest warrant

d.  attachment

c.  arrest warrant

A warrant issues in the name of _______.

a.  the person accused

b.  the magistrate or court of issue

c.  the State of Texas

d.  none of these

c.  the State of Texas

Which of the below is Not correct about an arrest warrant?

a.  the name of the accused is not mandatory on the warrant

b.  what the person is accused of is not necessary on the warrant

c.  it must be signed by the magistrate and his office named

d.  none of the above is correct

b.  what the person is accused of is not necessary on the warrant

The affidavit made before a magistrate of District or County Attorney, that charges the commission of an offense, is called a _________.

a.  indictment

b.  information

c.  complaint

d.  a or c

c.  complaint

An arrest warrant extends to every part of Texas, except on signed by a…

a.  district clerk

b.  mayor of an incorporated city

c.  county clerk

d.  a or c

b.  mayor of an incorporated city

Warrants issued by the Mayor of an incorporated city shall extend to every part of the…

a.  City

b.  County of issue

c.  State of Texas

d.  All the above

b.  County of issue

A warrant that is only valid in the County of issue can be executed in other Counties or elsewhere in Texas if…

a.  it is endorsed by the judge of a Court of Record

b.  it is endorsed by any magistrate in the county where the accused is found, it may be executed in that county

c.  it is endorsed by the Mayor of an incorporated city

d.  a or b

An officer arresting a person with an arrest warrant, shall upon arrest…

a.  take the person to jail

b.  take him before the magistrate that issued the warrant

c.  take him before the magistrate named in the warrant

d.  b or c

A peace officer that arrests a person on an “out-of-county-warrant” shall take the person…

a.  to a magistrate in the County where the warrant originated

b.  to the County Jail in the county of arrest

c.  to a magistrate in the county of arrest

d.  to his department to call a lawyer and post bond

c.  to a magistrate in the county of arrest

If the accused fails or refuses to give bail, upon being arrested on warrant, the magistrate shall

a.  commit the accused to jail in the county where arrested

b.  commit the accused to jail in the county of warrant origin

c.  notify the Sheriff in the county of offense of the arrest and commitment

d.  a and c

A Sheriff that receives notice that an offender has failed or refused to give bail, and has been committed to jail, shall…

a.  notify the court

b.  go or send for the prisoner and bring him to his jail

c.  go or send for the prisoner and bring him before that proper court or magistrate

d.  post his bail

c.  go or send for the prisoner and bring him before that proper court or magistrate

A person is “arrested” when…

a.  he has been placed under restraint

b.  he has been taken into custody

c.  a or b

d.  none of the above

c.  a or b

An arrest may be made…

a.  any day and any time

b.  any day but only at reasonable hours

c.  weekdays and not after 2am

d.  any day and time except Sunday

a.  any day and any time

An officer may break the door down, to make an arrest, when…

a.  he is refused admittance

b.  after giving notice of his authority and purpose, he’s refused admittance

c.  the warrant is for a Felony

d.  b and c

Which of these is true, about arrest with warrant?

a.  it shall always be made known to the accused, under what authority the arrest is made

b.  officer need not have the warrant in his possession at the time of arrest

c.  upon request he shall show the warrant to the defendant as soon as possible

d.  all the above

“The security given by the accused that he will appear and answer before the proper court.”

a.  bail

b.  bond

c.  citation

d.  none of these

a.  bail

Who may accept bail in a misdemeanor case?

a.  Sheriff

b.  Peace Officer

c.  Municipal Peace Officer

d.  Any of the above

Who can not accept bail in a Felony case, when court is in session?

a.  Sheriff

b.  Deputy

c.  Trooper of the DPS

d.  Municipal Police Officer

Who can accept bail on a felony case, when the court is not in session?

a.  Sheriff

b.  Deputy

c.  Municipal Police Officer

d.  Sheriff or any other peace officer having him in custody

What is the life of a search warrant?

a.  3 days inclusive of day of issuance & day of return

b.  5 days exclusive of day of issuance & day of return

c.  3 whole days excluding day of issuance & day of execution

d.  3 whole days inclusive of day of issuance & day of return

c.  3 whole days excluding day of issuance & day of execution

A search warrant shall not issue but upon ________.

a.  reasonable suspicion

b.  proper cause

c.  probable cause

d.  mere suspicion

c.  probable cause

A search warrant may be issued to search for and seize…

a.  stolen property

b.  arms and munitions prepared for insurrection or riot

c.  prohibited weapons

d.  may order the arrest of a person

e.  all the above

When the officer has served the search warrant and seized the property listed, he shall take the property to…

a.  the police property room

b.  the magistrate that issued the warrant

c.  any magistrate of the county

d.  the DPS lab

b.  the magistrate that issued the warrant

When serving the search warrant the officer may only search…

a.  the entire premises

b.  the exact locations specified in the warrant

c.  the areas in the specified locations where a person could expect the items listed to be found

d.  b and c

If officer A has a search warrant for stole cattle, he can not look…

a.  in the desk drawers of the suspect

b.  in the suspects’ clothing

c.  in the suspects’ barn

d.  a and b

Who has the right to “prevent the consequences of theft”?

a.  all persons

b.  all peace officers

c.  all magistrates

d.  b and c

a.  all persons

“A written statement of a grand jury accusing a person of an offense.”

a.  complaint

b.  indictment

c.  information

d.  affidavit

b.  indictment

“A written statement filed and presented by the District or County Attorney, in behalf of Texas, charging the defendant with an offense of law.”

a.  indictment

b.  information

c.  complaint

d.  affidavit

b.  information

“A writ issued by a court or clerk, directed to any peace officer of Texas, commanding him to arrest a person accused of an offense and bring him before the court immediately or on a date started.”

a.  complaint

b.  arrest warrant

c.  capias

d.  commitment

c.  capias

Who may execute a Capias?

a.  Sheriff or his Deputy

b.  Constable or Sheriff only

c.  Any peace officer

d.  Any authorized person, by the court

c.  Any peace officer

Which document requires a witness to bring any writing or other evidence before the court?

a.  subpoena

b.  capias

c.  subpoena duces tecum

d.  writ of attachment

c.  subpoena duces tecum

Art. 28.23 CCP states “No evidence obtained by an officer or any other person, is admissible in a court against the accused, if…”

a.  it was obtained in violation of the Texas Constitution

b.  it was obtained in violation of the U.S. Constitution

c.  it was obtained in violation of the law

d.  all the above

Art. 38.23 is referred to as the __________ rule.

a.  exclusionary

b.  inclusionary

c.  evidentiary

d.  constitutional

a.  exclusionary

Complaints in Municipal courts shall begin and end in the phrase…

a.  In the name and authority of the State of Texas

b.  Against the peace and dignity of the State

c.  Contrary to said ordinance…

d.  All the above

A person dies while in the custody of a peace officer. Who investigates the death?

a.  J.P.

b.  Coroner

c.  Chief administrator of the peace officers’ agency

d.  District Attorney

c.  Chief administrator of the peace officers’ agency

A prisoner dies while in the County Jail, who investigates the death?

a.  Director of the jail facility

b.  J.P.

c.  Corner

d.  Medical examiner

a.  Director of the jail facility

Who is responsible for conducting an inquest into an alleged suicide at a private residence?

a.  first officer on the scene

b.  J.P.

c.  Chief detective

d.  Family physician

b.  J.P.

An inquest of a deceased person need not be held if…

a.  he dies in jail

b.  dies an unnatural health

c.  dies while attended by a physician and causes of death is known

d. commits suicide

c.  dies while attended by a physician and causes of death is known

A peace officer investigating a death, may not move the body until authorized by the…

a.  Justice of the Peace

b.  Coroner

c.  Medical examiner

d.  Chief detective

a.  Justice of the Peace

A person that intentionally or knowingly hinders the entrance of a J.P. to a premises where a death occurred or a body was found, is guilty of…

a.  a felony

b.  a class B misdemeanor

c.  a class A misdemeanor

d.  a State Jail Felony

b.  a class B misdemeanor

“________ means any property of any nature, including real, personal, tangible or intangible that is used in the commission of any first or second degree felony under the penal code.”

a.  criminal instrument

b.  contraband

c.  illicit articles

d.  seized goods

b.  contraband

“Any criminal offense defined in the Penal Code or in a Federal Criminal Law that results in __________ to a victim,” defines Crime of Violence.

a.  bodily injury

b.  serious bodily injury or death

c.  personal injury

d.  death

c.  personal injury

If contraband is seized by a Peace Officer under chapter 59 of the CCP, the prosecutor shall commence “Notification of Forteiture Proceedings” no later than the ____ day after the date of seizure.

a.  10^th

b.  10^th working

c.  30^th

d.  90^th

c.  30^th

“A law enforcement initiated action based on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity,” defines ____________.

a.  Official Misconduct

b.  Official Oppression

c.  Profiling

d.  Racial Profiling

What is the life of a search warrant, issued for collection of a sample for DNA?

a.  3 whole days excluding day of issuance & day of return

b.  15 whole days excluding day of issuance & day of return

c.  15 whole days inclusive of day of issuance & day of return

d.  5 whole days inclusive of day of issuance & day of return

b.  15 whole days excluding day of issuance & day of return