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TCLEOSE State Exam
Prep for Texas Peace Officer Exam
67
Law
Professional
08/14/2009

Additional Law Flashcards

 


 

Cards

Term
Physical fitness can be divided into two categories; health related and ____ related.
Definition
Motor
Term
The "Wellness Pyramid" is capped by:
Definition
self-responsibility
Term
Wellness varies in degrees, ranging from death to:
Definition
optimal well-being
Term
In the early days of policing, the nighttime police system was called the:
Definition
Watch
Term
During its first 100 years as a province of Mexico, Texas was governed by?
Definition
Mexican governors
Term
Statistics related to law enforcement in Texas from June 2000 data
Diversity (gender) from current active licensees
Definition
85.5% male, 14.4% female
Term
As American policing developed in New York, Boston, and Philadelphia, an entire system of criminal justice began to experience _____.
Definition
corruption
Term
Under 217.1. Minimum Standards for Initial Licensure a person must ______________.
Definition
be 21 years of age
Term
A firearms proficiency officer designated by an agency will to be responsible for the documentation of annual firearms proficiency. The documentation for each officer shall include:
Definition
date of qualification; identification of officer; firearm manufacturer, model; results of qualifying; course(s) of fire
Term
A minimum standard for the annual handguns firearms proficiency course of fire under Rule- 217.21 shall be:
Definition
a minimum of 50 rounds
Term
"The expression or use of facts without distortion by personal feelings or prejudices" is the definition of:
Definition
Objectivity
Term
An off-duty officer in his personal vehicle commits a minor law violation (such as a running a stop sign). Assuming you were the officer who stopped him, and that you had already written two other violators that day for the same violation, what action should be taken against this officer?
Definition
The officer should be issued a citation for running the stop sign.
Term
Which of the following is an advantage of the professional model for law enforcement?
Definition
stronger community support and respect
Term
Refusing to participate in a cover-up is an example of _____ ______.
Definition
moral courage
Term

Which of the following is not a right guaranteed by the Sixth Amendment?

A. the right to a speedy and public trial by an impartial jury
B. the right to refuse questions when placed on the stand during a trial
C. the right to be informed of the nature of the charges
D. the right to confront any prosecution witnesses
Definition
  • the right to refuse questions when placed on the stand during a trial
Term

The Fourteenth Amendment:

A. abolished slavery
B. established immunities of all citizens
C. assures that general constitutional restrictions previously applicable to the federal government were to be imposed on the states
D. none of these
Definition
assures that general constitutional restrictions previously applicable to the federal government were to be imposed on the states
Term
Our nation's testimony to its belief in the basic and inalienable rights of the people and in the limitations on the power of government is contained in:
Definition
the Bill of Rights
Term

The First Amendment to the Constitution guarantees all except which one of the following?

A. the right to a speedy and public trial
B. the right to hold or practice religious beliefs
C. the right to speak freely
D. the right to transmit or receive free media communications
Definition
the right to a speedy and public trial
Term
  The Fourth Amendment to the U.S. Constitution:
Definition
protects citizens from unreasonable searches and seizures
Term
Which U.S. Constitution amendment provides for protection against double jeopardy?
Definition
5th
Term

Of the following, which amendment does not address due process as a Constitutional guarantee?

A. 5th
B. 8th
C. 14th
D. none address due process
Definition
8th
Term
The Sixth Amendment to the U.S. Constitution:
Definition
gives the right to confront witnesses
Term

Which of the following is not addresses in the First Amendment to the constitution?

A. freedom of press
B. freedom of religion
C. freedom of speech
D. right to bail
Definition
right to bail
Term

The Bill of Rights was designed to:

A. limit the power of state and federal governments
B. increase the power of state government
C. limit the power of federal government only
D. limit the power of state governments
Definition
limit the power of federal government only
Term

The Fifth Amendment to the U.S. Constitution provides which one of the following protections?

A. Freedom of the press
B. Freedom from double jeopardy
C. Probable cause for arrests
D. Right to a jury trial
Definition
Freedom from double jeopardy
Term

The Sixth Amendment to the U.S. Constitution:

A. provides the right to bail
B. established the "due process of law" doctrine
C. gives the right to public trial
D. established the police powers of the states
Definition
gives the right to public trial
Term
The Texas Dept. of Criminal Justice is a function of which component of the Criminal Justice System?
Definition
correctional system
Term
A Municipal Court is a function of the ______ component of the Criminal Justice System
Definition
courts
Term
A county jail would be a function of which component of the Criminal Justice System?
Definition
correctional system
Term
The Federal Bureau of Investigation (FBI) is a function of which component of the Criminal Justice System?
Definition
police
Term
District courts and criminal district courts have jurisdiction in what cases?
Definition
felony cases
Term

Which of the following is not required in an arrest warrant?

A. the offense the person is accused of
B. the name or description of the accused
C. the name of the affiant
D. the name of the magistrate's office
Definition
the name of the affiant
Term

The magistrate does not advise the accused of:

A. his right to an examining trial
B. his right to retain counsel
C. the right to a trial by jury
D. the right to remain silent
Definition
the right to a trial by jury
Term

An arrest warrant may be served:

A. only at a reasonable hour
B. at anytime of the day or night
C. anytime except on religious holidays
D. only during the day
Definition
at anytime of the day or night
Term

Which of the following items cannot be seized during the execution of a search warrant?

A. tools of the crime
B. fruits of the crime
C. personal writings of the accused showing he committed the crime
D. obscene materials prepared for commercial distribution
Definition
personal writings of the accused showing he committed the crime
Term
A child victim may be photographed for certain reasons after obtaining a search warrant. What offense must have occurred?
Definition
either injury with a child, or sexual assault of a child
Term
A capias is:
Definition
a writ commanding a peace officer to arrest an accused person
Term
If a Justice of the Peace is not available to conduct an inquest into the cause of death, who may conduct the inquest?
Definition
nearest available justice of the peace within the county
Term
Who signs the complaint made before a magistrate?
Definition
the affiant
Term
An investigator of the District Attorney's office is considered:
Definition
a peace officer
Term
If, within the hearing of a magistrate, one person shall threaten to take the life of another, including that of his spouse or himself, and it is not an emergency situation, that magistrate:
Definition
does not have the authority to arrest
Term
Whenever a magistrate is informed upon oath that an offense is about to be committed against the person or property of the informant or of another, or that any person has threatened to commit an offense, the magistrate shall:
Definition
immediately issue a warrant for the arrest of the accused
Term
When an offense classed as a felony or as an offense against the public peace is committed in his presence or view, a peace officer or any other person:
Definition
may, without a warrant, arrest the offender
Term

A Justice of the Peace shall conduct an inquest when:

A. a person is legally executed
B. a person under a physicians care dies of cancer
C. a six year old child dies
D. a person dies during and extended illness in the hospital
Definition
a six year old child dies
Term

A Court of Criminal Appeals Justice is considered a:

A. peace officer
B. magistrate
C. recorder
Definition
magistrate
Term
Whenever a duty is imposed by the Code of Criminal Procedure upon the Sheriff, the same duty _______ lawfully be performed by his deputy.
Definition
may
Term
The County Courts shall have appellate jurisdiction in criminal cases from which type of court?
Definition
Justice Courts and other inferior courts
Term
It is the duty of every peace officer, when he may have been informed in any manner that a threat has been made by one person to do some injury to him-self or to the person or property of another, including the person or property of his spouse to:
Definition
to prevent the threatened injury, if within his power
Term
The statute of limitations for sexual assault of a child is
Definition
10 years
Term
A municipal peace officer who is outside his jurisdiction, may not arrest, without a warrant, a person who commits what type of offense within his presence or view?
Definition
traffic offense
Term
What is the statute of limitations for murder
Definition
no limitation
Term
The affidavit made before a magistrate or district attorney that charges the commission of an offense is called a?
Definition
complaint
Term
A warrant of arrest, issued by any county or district clerk, or by any magistrate, except mayors
Definition
shall extend to any part of the state
Term
A peace officer is given a summons to serve. The officer forgets to serve the summons during the shift and finds it later while packing for his week of vacation. The officer goes on vacation, with the intent of serving the summons once he returns. What, if any, law has the officer violated?
Definition
Either contempt of court or neglect to execute process
Term
Joe is arrested for public intoxication (a class c misdemeanor) at a local bar just outside the city limits. Which court has jurisdiction over this case?
Definition
Justice of the Peace court
Term

Which of the following peace officers has the authority to issue a citation for disregarding a stop sign:

A. An adjunct police officer
B. A railroad peace officer
C. A special investigator
D. Any of these peace officers could issue the citation

 

Definition
An adjunct police officer
Term

A person is arrested and subsequently posts his bond. The person must be released immediately except in which of the following situations?

A. family violence arrest with probable cause to believe the violence will continue.
B. the person must be released in all cases when bond is posted.
C. any situation involving violence with probable cause to believe the violence will continue.
D. only when a court order is obtained.
Definition
family violence arrest with probable cause to believe the violence will continue.
Term
What is the purpose of an arraignment?
Definition
Inform the accused of the formal charges against him
Term
Who may conduct an inquest in a county where there is no Medical Examiner
Definition
a Justice of the Peace
Term
Under the Section 14.04 of the Code of Criminal Procedure what type of crime can you arrest for with assistance from a credible person?
Definition
  felony
Term
A citizen may arrest a person for committing what type of misdemeanor?
Definition
Breach of the Peace
Term
The type of search performed when you have probable cause to justify the search and are able to show the actual existence of an emergency which prevents the time required to obtain a search warrant is called:
Definition
exigent
Term
A search where circumstances show that the person took some action that indicated he divested himself of possession or ownership of an item is called:
Definition
abandoned property
Term
Under the Texas Courts, a vehicle inventory will only be proper if:
Definition
If it is done according to a written policy which requires the inventory to be done every time a person in control of the vehicle is arrested and the vehicle is in police custody.
Term
Extent of a lawful search of a person without a warrant is limited to:
Definition
may search everything in their possession
Term
Bennie is a deputy sheriff. He sits at home in the evening and reads. Suddenly, he sees the silhouette of a man with a pistol against the window shade by his chair. He arms himself, goes outside, and sees a figure in the shadows holding a pistol. He fires, killing a 13 year neighbor boy who is playing "cops and robbers" with friends. His most reasonable defense is:
Definition
mistake of fact
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