ACC LEA Class 109 - Midterm Exam
Questions and Answers 2024 latest
Racial profiling - CORRECT ANSWER-means 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
Racial profiling prohibited - CORRECT ANSWER-a peace officer may not engage in
racial profiling
Law enforcement policy on racial profiling - CORRECT ANSWER-Each law
enforcement agency in this state shall adopt a detailed written policy on racial profiling.
The policy must clearly define:
-acts constituting racial profiling
-strictly prohibit peace offices employed by the agency from engaging in racial profiling
-implement a process by which an individual may file a complaint with the agency
-require corrective action against a peace officer engaging in racial profiling
-require collection of information concerning: race, if a search occurred, whether the
peace officer knew the race of individual before detaining
-require chief administrator to submit an annual report
-
Define race or ethnicity - CORRECT ANSWER-means of a particular descent, including
Caucasian, African, Hispanic, Asian, or Native American descent
Whren v. US - CORRECT ANSWER-Motor vehicle search exemption
Pennsylvania v. Minns - CORRECT ANSWER-Allows officer to order driver out of car.
Maryland v. Wilson - CORRECT ANSWER-Permits officers to pull passengers out of
car
Graham v. State - CORRECT ANSWER-Passenger is seized when ordered to remain in
vehicle.
Pryor v. State - CORRECT ANSWER-Permits for warrantless search of the automobile
with probable cause to believe that the automobile contains contraband or evidence of
criminal activity
Ferris v. State - CORRECT ANSWER-A office can use a traffic stop to investigate
further crime if he can articulate suspicion
,New York v. Bolton - CORRECT ANSWER-Police may conduct a full search of a
vehicles compartment incidental to a custodial arrest.
There are appropriate reasons for unusual traffic stops but police work must stop short
of what? - CORRECT ANSWER-Cultural stereotyping & racism.
There are appropriate reasons for unusual traffic stops, but police work must stop short
of "what"? - CORRECT ANSWER-of cultural stereotyping and racism
The minor benefits of racial profiling would be far outweighed by "what"? - CORRECT
ANSWER-distrust and anger towards law enforcement by minorities and the public as a
whole.
Racial profiling is self-fulfilling bad logic: if you believe that minorities committed more
crimes, them you might look for more minority criminals, and find them in "what"? -
CORRECT ANSWER-disproportionate numbers
Inappropriate traffic stops generate suspicion and antagonism towards officers and
make future stops more "what"? - CORRECT ANSWER-VOLATILE - a racially based
stop today can throw suspicion on tomorrows legitimate stop
by focusing on race, you would not only be harassing innocent citizens, but overlooking
criminals of all races and backgrounds - it is a waste of "what"? - CORRECT ANSWER-
law enforcement resources
Most raced based complaints come from "what"? - CORRECT ANSWER-vehicle stops
A typical traffic stop resulting from racial profiling includes "what" ? - CORRECT
ANSWER-the driver is pulled over for a minor traffic violation but are questioned about
things that do not relate to the traffic violation
DWB - Driving while black? - CORRECT ANSWER-A term for public perception that a
person may be stopped solely based on race and is often extended to other minority
groups or activities such as flying
Drug courier profile adapted from DEA? - CORRECT ANSWER--driver is nervous or
anxious beyond the ordinary anxiety & cultural communication styles
-signs of long term driving (unshaven, empty food containers)
-vehicle is rented
-driver is a young male (20-35)
-no visible luggage, even though driver is traveling
-driver was over reckless or over-cautious in driving
-use of air fresheners
,Elements of a traffic stop which could constitute reasonable suspicion of criminal
activity? - CORRECT ANSWER-1. thinking about the totality of circumstances in a
vehicle stop
2. vehicle exterior
3. pre-stop indicators
4, vehicle interior
Exterior vehicle indicators of reasonable suspicion of criminal activity? - CORRECT
ANSWER--non-stand repainting
-signs of hidden cargo (heavy weight in trunk, windows do not roll down
-unusual license plate switching (dirt plate with bugs on back
-unusual circumstances
Pre-stop indicators of reasonable suspicion of criminal activity? - CORRECT ANSWER-
-non consistant with traffic flow
-driver is overly cautious and drive/passengers repeatedly look at police car
-driver begins using a car or cell phone when signaled to stop
-unusual pull-over behavior, ignores signals, hesitates, pulls onto new street, moves
objects in car
vehicle interior indicators of reasonable suspicion of criminal activity? - CORRECT
ANSWER--rear seat or interior panels have been opened, there are tools or spare tires
visible
-inconsistent items (anti-theft club with a rental, unexpected luggage)
Restraining order and protective order are the same thing? - CORRECT ANSWER-
False, Protective order is criminal and a restraining order is civil
What is a Writ of Attachment? - CORRECT ANSWER-A Writ is a civil arrest warrant
without criminal consequences
What is a Writ of sequestration? - CORRECT ANSWER-It is where two parties claim
ownership interest in property. commoningly know as a repossession Writ, served by
Sheriff or Constable. Replevy is available for both plaintiff and defendant
When can Citations not be served? - CORRECT ANSWER-Sunday
What is the difference between a Complaint and a petition? - CORRECT ANSWER-A
complaint is a criminal affidavit, and a Petition is a document file by the plaintiff with the
clerk that outlines basis of a civil complaint (civil lawsuit) against a defendant seeking
specific relief
Can a landlord evict a person not listed on the lease? - CORRECT ANSWER-No, they
must go thru the proper civil process
, Does criminal law define public and private acts by regulating conduct through
injunctions and the award of money damages? - CORRECT ANSWER-No, that is the
definition of civil law. Criminal law seeks to regulate the conduct of individuals through
threats of fines and imprisonment
Can acts by police officers be sued in civil courts? - CORRECT ANSWER-Yes, the
potential for civil liability in any action a peace officer takes has greatly increased in
many years?
When an alleged civil actions wrong occurs, the civil action is not usually limited to just
the individual officer but who else? - CORRECT ANSWER-The agency or political sub-
division that represents the commissioning authority of the officer
An officer may use "what" to enforce the terms of a child custody specified in a in an
order? - CORRECT ANSWER-The peace officer may use reasonable efforts not force?
What is Sequestration? - CORRECT ANSWER-The temporary seizure of setting aside
of specific property to which a party to a suit has claim of ownership. The object of
sequestration is to allow parties to protect and preserve the property during the suit
Liability is responsibility for "what" - CORRECT ANSWER-being responsible for actual
damages, punitive damages, or possible losses
Illegal actions taken by a police officer could result in "what" - CORRECT ANSWER-
Both civil and criminal actions. Use sound judgment and don't take things personally
Who may serve process under Texas Rules of Civil Procedure? - CORRECT ANSWER-
Sheriff, Constable, their Deputies, servers certified by the Supreme Court of Texas and
any person over 18 that is not a party to the suit.
The style of all writs and court process shall be served Where? - CORRECT ANSWER-
The State of "Tejas"
What is the burden of proof in a civil trial? - CORRECT ANSWER-Preponderance of
evidence
Can a peace officer make an arrest for a restraining order? - CORRECT ANSWER-No,
only for protective orders
Process to start a eviction? - CORRECT ANSWER-Forcible Detainer defines the
grounds for an eviction
Ex Parte Order? - CORRECT ANSWER-It means one party. An order issued by a family
court to prohibit a defendant from certain acts. Not criminally enforceable until actually
served.
Questions and Answers 2024 latest
Racial profiling - CORRECT ANSWER-means 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
Racial profiling prohibited - CORRECT ANSWER-a peace officer may not engage in
racial profiling
Law enforcement policy on racial profiling - CORRECT ANSWER-Each law
enforcement agency in this state shall adopt a detailed written policy on racial profiling.
The policy must clearly define:
-acts constituting racial profiling
-strictly prohibit peace offices employed by the agency from engaging in racial profiling
-implement a process by which an individual may file a complaint with the agency
-require corrective action against a peace officer engaging in racial profiling
-require collection of information concerning: race, if a search occurred, whether the
peace officer knew the race of individual before detaining
-require chief administrator to submit an annual report
-
Define race or ethnicity - CORRECT ANSWER-means of a particular descent, including
Caucasian, African, Hispanic, Asian, or Native American descent
Whren v. US - CORRECT ANSWER-Motor vehicle search exemption
Pennsylvania v. Minns - CORRECT ANSWER-Allows officer to order driver out of car.
Maryland v. Wilson - CORRECT ANSWER-Permits officers to pull passengers out of
car
Graham v. State - CORRECT ANSWER-Passenger is seized when ordered to remain in
vehicle.
Pryor v. State - CORRECT ANSWER-Permits for warrantless search of the automobile
with probable cause to believe that the automobile contains contraband or evidence of
criminal activity
Ferris v. State - CORRECT ANSWER-A office can use a traffic stop to investigate
further crime if he can articulate suspicion
,New York v. Bolton - CORRECT ANSWER-Police may conduct a full search of a
vehicles compartment incidental to a custodial arrest.
There are appropriate reasons for unusual traffic stops but police work must stop short
of what? - CORRECT ANSWER-Cultural stereotyping & racism.
There are appropriate reasons for unusual traffic stops, but police work must stop short
of "what"? - CORRECT ANSWER-of cultural stereotyping and racism
The minor benefits of racial profiling would be far outweighed by "what"? - CORRECT
ANSWER-distrust and anger towards law enforcement by minorities and the public as a
whole.
Racial profiling is self-fulfilling bad logic: if you believe that minorities committed more
crimes, them you might look for more minority criminals, and find them in "what"? -
CORRECT ANSWER-disproportionate numbers
Inappropriate traffic stops generate suspicion and antagonism towards officers and
make future stops more "what"? - CORRECT ANSWER-VOLATILE - a racially based
stop today can throw suspicion on tomorrows legitimate stop
by focusing on race, you would not only be harassing innocent citizens, but overlooking
criminals of all races and backgrounds - it is a waste of "what"? - CORRECT ANSWER-
law enforcement resources
Most raced based complaints come from "what"? - CORRECT ANSWER-vehicle stops
A typical traffic stop resulting from racial profiling includes "what" ? - CORRECT
ANSWER-the driver is pulled over for a minor traffic violation but are questioned about
things that do not relate to the traffic violation
DWB - Driving while black? - CORRECT ANSWER-A term for public perception that a
person may be stopped solely based on race and is often extended to other minority
groups or activities such as flying
Drug courier profile adapted from DEA? - CORRECT ANSWER--driver is nervous or
anxious beyond the ordinary anxiety & cultural communication styles
-signs of long term driving (unshaven, empty food containers)
-vehicle is rented
-driver is a young male (20-35)
-no visible luggage, even though driver is traveling
-driver was over reckless or over-cautious in driving
-use of air fresheners
,Elements of a traffic stop which could constitute reasonable suspicion of criminal
activity? - CORRECT ANSWER-1. thinking about the totality of circumstances in a
vehicle stop
2. vehicle exterior
3. pre-stop indicators
4, vehicle interior
Exterior vehicle indicators of reasonable suspicion of criminal activity? - CORRECT
ANSWER--non-stand repainting
-signs of hidden cargo (heavy weight in trunk, windows do not roll down
-unusual license plate switching (dirt plate with bugs on back
-unusual circumstances
Pre-stop indicators of reasonable suspicion of criminal activity? - CORRECT ANSWER-
-non consistant with traffic flow
-driver is overly cautious and drive/passengers repeatedly look at police car
-driver begins using a car or cell phone when signaled to stop
-unusual pull-over behavior, ignores signals, hesitates, pulls onto new street, moves
objects in car
vehicle interior indicators of reasonable suspicion of criminal activity? - CORRECT
ANSWER--rear seat or interior panels have been opened, there are tools or spare tires
visible
-inconsistent items (anti-theft club with a rental, unexpected luggage)
Restraining order and protective order are the same thing? - CORRECT ANSWER-
False, Protective order is criminal and a restraining order is civil
What is a Writ of Attachment? - CORRECT ANSWER-A Writ is a civil arrest warrant
without criminal consequences
What is a Writ of sequestration? - CORRECT ANSWER-It is where two parties claim
ownership interest in property. commoningly know as a repossession Writ, served by
Sheriff or Constable. Replevy is available for both plaintiff and defendant
When can Citations not be served? - CORRECT ANSWER-Sunday
What is the difference between a Complaint and a petition? - CORRECT ANSWER-A
complaint is a criminal affidavit, and a Petition is a document file by the plaintiff with the
clerk that outlines basis of a civil complaint (civil lawsuit) against a defendant seeking
specific relief
Can a landlord evict a person not listed on the lease? - CORRECT ANSWER-No, they
must go thru the proper civil process
, Does criminal law define public and private acts by regulating conduct through
injunctions and the award of money damages? - CORRECT ANSWER-No, that is the
definition of civil law. Criminal law seeks to regulate the conduct of individuals through
threats of fines and imprisonment
Can acts by police officers be sued in civil courts? - CORRECT ANSWER-Yes, the
potential for civil liability in any action a peace officer takes has greatly increased in
many years?
When an alleged civil actions wrong occurs, the civil action is not usually limited to just
the individual officer but who else? - CORRECT ANSWER-The agency or political sub-
division that represents the commissioning authority of the officer
An officer may use "what" to enforce the terms of a child custody specified in a in an
order? - CORRECT ANSWER-The peace officer may use reasonable efforts not force?
What is Sequestration? - CORRECT ANSWER-The temporary seizure of setting aside
of specific property to which a party to a suit has claim of ownership. The object of
sequestration is to allow parties to protect and preserve the property during the suit
Liability is responsibility for "what" - CORRECT ANSWER-being responsible for actual
damages, punitive damages, or possible losses
Illegal actions taken by a police officer could result in "what" - CORRECT ANSWER-
Both civil and criminal actions. Use sound judgment and don't take things personally
Who may serve process under Texas Rules of Civil Procedure? - CORRECT ANSWER-
Sheriff, Constable, their Deputies, servers certified by the Supreme Court of Texas and
any person over 18 that is not a party to the suit.
The style of all writs and court process shall be served Where? - CORRECT ANSWER-
The State of "Tejas"
What is the burden of proof in a civil trial? - CORRECT ANSWER-Preponderance of
evidence
Can a peace officer make an arrest for a restraining order? - CORRECT ANSWER-No,
only for protective orders
Process to start a eviction? - CORRECT ANSWER-Forcible Detainer defines the
grounds for an eviction
Ex Parte Order? - CORRECT ANSWER-It means one party. An order issued by a family
court to prohibit a defendant from certain acts. Not criminally enforceable until actually
served.
