Shared Flashcard Set

Details

Penal Code (36,37,38,39)
UHD Police Academy
30
Law
Not Applicable
07/18/2013

Additional Law Flashcards

 


 

Cards

Term

“To threaten to harm someone, by an unlawful act, on account of their service as a witness or public servant,” is:

 

a.  tampering with a witness

b.  jury tampering

c.  retaliation

d.  obstruction

Definition

c.  retaliation


Term

“To influence a witness, a person confers a benefit on a witness in an official proceeding, to withhold information of testimony,” is:

 

a.  tampering with a witness

b.  bribery

c.  retaliation

d.  obstruction

Definition

a.  tampering with a witness


Term

“To threaten to harm another, by an unlawful act, to prevent or delay the service of another as a complainant or would be complainant of a crime,” is:

 

a.  tampering with a witness

b.  obstruction

c.  retaliations

d.  coercion

Definition

b.  obstruction


Term

X stops Y for “disregarding a stop sign.” Y wraps a $100.00 dollar bill about her drivers license, and hands it to the officer X saying “Can’t we just handle this here and not make a court case out of this?” X says “This time it’s a warning,” takes the $100.00 dollars and returns the drivers license to Y.  What offense(s) occurred here?

 

a.  bribery against Y

b.  soliciting a bribe against X

c.  accepting a bribe against X

d.  a and c

Definition
d.  a and c
Term

A statement is “MATERIAL” to a case in court if it _______.

 

a.  could affect the outcome of the proceeding

b.  pertains to the case

c.  supports the case

d.  none of the above

Definition

a.  could affect the outcome of the proceeding


Term

To make a false statement, under oath, is only perjury if:

 

a.  the intent was to deceive

b.  it is made with knowledge of its meaning

c.  made by a Peace Officer

d.  a and b

Definition
d.  a and b
Term

“To knowingly make a false statement, that is material to criminal investigation, to an employee of law enforcement agency conducting the investigation,” is:

 

a.  false report to a peace officer perjury

b.  aggravated perjury

c.  aggravated perjury

d.  false report to law enforcement employee

Definition
d.  false report to law enforcement employee
Term

X finds his wife dead in their home. He calls the police and destroys the suicide note before they arriver (because he knows their insurance will not pay in case of suicide). X has committed what offense?

 

a.  murder

b.  aiding a suicide

c.  fabrication of physical evidence

d.  tampering with physical evidence

Definition
d.  tampering with physical evidence
Term

X kills his wife by poison. He then leaves a typed “suicide note” and puts his wife’s fingerprints on the note, post-mortem. He locks the bedroom door and closes it from the outside so he can break it in to create the illusion that she had committed the suicide in her locked bedroom. X calls the police. X (aside from murder) has committed what violations at the scene?

 

a.  tampering with physical evidence

b.  fabrications of physical evidence

c.  falsifying a report to law enforcement employee

d.  no offense at the scene

Definition

b.  fabrications of physical evidence


Term

X has graduated from a TCLEOSE basic peace officers course. X has not been hired by a law enforcement agency yet, but he has bought the complete police uniform, complete shoulder patches, badges and collar devices. X wears the complete uniform today to the corner Stop-N-Go, to get tree coffee “just like the real police.” X has no commission of identification as a peace officer. X has committed what offense, if any?

 

a.  no offense

b.  impersonation a public servant (peace officer)

c.  false identification as a peace officer

d.  theft of service by fraud

Definition

b.  impersonation a public servant (peace officer)


Term

To knowingly possess a police badge, shoulder patch or insignia, when not a peace officer and without the intent to induce another to submit to his authority, is the offense of:

 

a.  possession of false identification as a peace officer

b.  impersonating a peace officer

c.  fraud

d.  no offense

Definition

a.  possession of false identification as a peace officer


Term

“Custody,” means:

 

a.  under arrest by a peace officer

b.  under restraint by a public servant, pursuant to a court order

c.  under restraint by an agent or employee of a correctional facility for criminal offense

d.  any of the above

Definition
d.  any of the above
Term

“Escape,” means:

 

a.  unauthorized departure from custody

b.  failure to return to custody following temporary leave

c.  violation of community service or parole

d.  all of the above

e.  a and b

Definition
e.  a and b
Term

Y, a witness to a crime gives Detective X his correct name but intentionally gives a false date of birth. Y can be charged with:

 

a.  falsifying a report to a peace officer

b.  failure to identify

c.  hindering investigation

d.  no offense as listed

Definition

b.  failure to identify


Term

X arrested burglar Y, in the act of burglary. X advised Y of his right to remain silent under MIRANDA, and Y now refuses to answer any questions, including his name, address, and date of birth. Y can be charged with:

 

a.  failure to identify

b.  hindering an investigation

c.  resisting an arrest

d.  no offense

Definition

a.  failure to identify


Term

X is arrested for robbery by officer Z. As Z attempts to put X in the patrol car to transport, X’s brother Y tries to prevent the officer from doing this by closing the patrol car door before X can be seated. Y can be charged with:

 

a.  resisting arrest

b.  resisting search

c.  hindering prosecution

d.  resisting transportation

Definition
d.  resisting transportation
Term

Primary difference between RESISTING ARREST and HINDERING APPREHENSION is:

 

a.  actor vs. supporter

b.  use of force

c.  hinder vs. obstruct

d.  none of these

Definition

b.  use of force


Term

X runs from the savings and loan with a pistol in his hand and a bank of cash as the alarm goes off. Officer Z gives pursuit on foot in full police uniform and yells for X to stop. X refuses to stop and runs a block before he is tackled and handcuffed by Z. X fights Z during this attest but Z is uninjured. X is guilty of:

 

a.  escape and resisting arrest

b.  evading arrest and resisting arrest

c.  aggravated robbery only

d.  none of these

Definition

b.  evading arrest and resisting arrest


Term

X runs a motel and knows the police are there to arrest his friend in room 110. X calls the room before the police can get upstairs and warns his friend so he can get away. X is guilty of:

 

a.  accessory to robbery, after the fact

b.  resisting arrest

c.  hindering apprehension

d.  hindering prosecution

Definition

c.  hindering apprehension


Term

A person commits an offense if he escapes from custody when he is:

 

a.  charged with an offense

b.  convicted of an offense

c.  under arrest for an offense

d.  any of these

Definition
d.  any of these
Term

Guard X, at the county jail, knows the prisoner Y was arrested unlawfully. Guard X leaves the cell door and the exterior doors to the jail unlocked with the intent to allow Y to escape and get a good lawyer. Y does escape. X is guilty of:

 

a.  permitting an escape

b.  escape

c.  facilitating an escape

d.  no offense if arrest was unlawful

Definition

c.  facilitating an escape


Term

Failure to appear is a felony offense if…

 

a.  amount of bail exceeds $1,000.00 dollars

b.  amount of bail exceeds $10,000.00 dollars

c.  the actor has two prior offenses

d.  the offense he’s on bail for is a felony

Definition
d.  the offense he’s on bail for is a felony
Term

Bail jumping and failure to appear is a _______ unless the original offense is a Class C misdemeanor or felony.

 

a.  State Jail Felony

b.  Class A misdemeanor

c.  Class B misdemeanor

d.  none of these

Definition

b.  Class A misdemeanor


Term

X was stopped on traffic by Officer z. X was irate and as Officer Z attempted to calm him down, he stopped too close and x grabbed Officer’s Z’s duty weapon in an attempt to take it in order to harm the officer. Z executed proper weapon retention tactics and kept his weapon and handcuffed X. X is guilty of…(most serious offense)

 

a.  Resisting arrest

b.  Attempting to take weapon from peace officer

c.  Escape

d.  None of these

Definition

b.  Attempting to take weapon from peace officer


Term

Deputy Constable Z was attempting to serve Mr. X a civil writ. Z asked X if he was the person named on the writ and X lied to avoid being served. X is guilty of:

 

a.  Failure to identify

b.  False report to a peace officer

c.  Preventing execution of civil process

d.  Hindering prosecution

Definition

c.  Preventing execution of civil process


Term

“A public servant with intent to obtain a benefit, intentionally misuses government property or services by virtue of his office or employment,” is committing the offense of:

 

a.  official oppression

b.  Abuse of official capacity

c.  Misuse of official information

d.  Corruption/bribery

Definition
d.  Corruption/bribery
Term

A peace officer commits official oppression, if he intentionally subjects another to _______ under color of his office

 

a.  Unlawful arrest, search or seizure

b.  Mistreatment or unlawful arrest

c.  Sexual harassment

d.  any of the above

Definition

b.  Mistreatment or unlawful arrest


Term

Officer Z has arrested Miss X on traffic violations. She offers Z sex for her release. Z accepts her offer and upon completion of the sexual conduct, Z denies the oral agreement and books X in jail. Z can be charged with…(most serious)

 

a.  Violation  of civil rights of a person in custody

b.  Official oppression

c.  Improper sexual activity with person in custody

d.  Breech of contract

Definition

c.  Improper sexual activity with person in custody


Term

X (a prison guard) intentionally denies inmate Y basic daily privileges to eat in population, exercise and exit his single cell. X knows his conduct violates the prison policy on “isolation” but because Y is a murderer, he feels he has it coming. X can be charged with:

 

a.  Nothing

b.  Violation of civil right of a person in custody

c.  False arrest and detention

d.  Abuse of office

Definition

b.  Violation of civil right of a person in custody


Term

Officer Z while interrogating burglar, has refused to let X’s attorney talk to X and has subjected X to 14 days of continuous interrogation against his will, even though Z knows this is unlawful Z can be charged with…

 

a.  Violation of civil rights of a person in custody

b.  Official Oppression

c.  Improper activity with a person in custody

d.  Both A & B

Definition
d.  Both A & B
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