TCOLE BPOC Practice Exam QUESTIONS AND ANSWERS| (254 QUESTIONS) 17 PAGES

That condition of the human organism that consists of its health and disease status and risk potential. Correct Answer: Wellness According to the Occupations Code, a person licensed as a peace officer must complete 40 hours of legislatively required continuing education training every _____ Correct Answer: 24 months. 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. Correct Answer: 30 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 _____. Correct Answer: 30 days According to the Commission Rules, the license of any licensee who does not meet the legislatively required continuing education by the expiration date will _____. Correct Answer: expire Which of the following is an advantage of having a professional model for law enforcement? Correct Answer: More effective problem solving techniques. The expression or use of facts without distortion by personal feelings or prejudice is the definition of _____. Correct Answer: objectivity Investigations relating to the deprivation of civil rights under color of law are usually conducted by _____. Correct Answer: Federal Bureau of Investigations 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 _____. Correct Answer: intentionally subjects another to sexual harassment The Sixth Amendment to the U.S. Constitution _____. Correct Answer: gives you the right to trial, open to the public Cruel and unusual punishment are prohibited by which amendment? Correct Answer: 8th According to the _____ Amendment of the U.S. Constitution, powers not specifically reserved to the federal government are reserved to the state government. Correct Answer: 10th 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. Correct Answer: writ of habeas corpus Which court case affirmed a person's right to free speech? Correct Answer: Duran v. City of Douglas, AZ The 5th Amendment to the U.S. Constitution gives citizens the protection from _____. Correct Answer: self-incrimination The _____ Amendment limits the level of force that may be used to reasonable force. Correct Answer: 4th The primary components of the American Justice System are _____. Correct Answer: police, courts, and correctional _____ is the law that defines the personal and property rights of individuals. Correct Answer: Civil law According to the Code of Criminal Procedure, which of the following is NOT a magistrate? Correct Answer: District Attorney's According to the Code of Criminal Procedure, which of the following are NOT Texas peace officers? Correct Answer: Special agents of the Alcohol, Tobacco, and Firearms. According to the Code of Criminal Procedure, the Court of Criminal Appeals does NOT _____. Correct Answer: review decisions of civil cases According to the Code of Criminal Procedure, the _____ courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars. Correct Answer: county According to the Code of Criminal Procedure, a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim of all reasonable means to prevent further family violence, including _____. Correct Answer: given written notice of a victim's legal rights According to the Code of Criminal Procedure, which is NOT a use of force option for dispersing a riot? Correct Answer: Use any degree of force. According to the Code of Criminal Procedure, an affidavit made before a magistrate charging the commission of an offense is called a/an _____. Correct Answer: complaint According to the Code of Criminal Procedure, the security given by the accused that he will appear and answer before the proper court the accusation brought against him is known as _____. Correct Answer: bail According to the Code of Criminal Procedure, a written statement of a grand jury accusing a person of an offense is a/an _____. Correct Answer: indictment According to the Code of Criminal Procedure, a person is arrested when the person has been _____. Correct Answer: taken into custody According to the Code of Criminal Procedure, a written statement that is filled and presented on behalf of the State of Texas by a district attorney that charges a person with an offense that may be prosecuted according to the law is called a/an _____. Correct Answer: information According to the Code of Criminal Procedure, a peace officer from another state may pursue a fleeing person into Texas and arrest them there, if the person is suspected of committing _____. Correct Answer: a felony According to the Code of Criminal Procedure, the time allowed for the execution of a search warrant shall be _____ whole days, exclusive of the day of issuance and the day of its execution. Correct Answer: 3 According to the Code of Criminal Procedure, which court has original jurisdiction over all felony cases? Correct Answer: District Court According to the Code of Criminal Procedure, what is a writ issued by a court directing any peace officer in the state, commanding him to arrest a person accused of an offense and bring him before that court immediately called? Correct Answer: Capias According to the Code of Criminal Procedure, appeals from the Justice Court are heard by the _____ Court. Correct Answer: County 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? Correct Answer: Arrest warrant 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? Correct Answer: Racial profiling 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. Correct Answer: shall _____ circumstances exist when there is not enough time to obtain a warrant and the officer must establish probable cause. Correct Answer: Emergency The right to have an attorney present during any questioning was affirmed by _____. Correct Answer: Miranda v. Arizona Persons found in suspicious places, and under circumstances which reasonably show that such persons are about to commit some offense against the laws may _____. Correct Answer: be arrested without a warrant 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 _____. Correct Answer: a felony In U.S. v. Carroll, the Supreme Court upheld an officer's right to search a vehicle's truck when the officers have _____. Correct Answer: probable cause Under temporary detention, a person _____be required to identify himself. Correct Answer: cannot The act of keeping back, or withholding, by design, a person, is the definition of _____. Correct Answer: detention The right of the officer to search the immediate area of control in a search incident to an arrest was affirmed in _____. Correct Answer: Chimel v. California 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 _____. Correct Answer: search for any property or thing and seize the same Holding a person for a limited time who, as yet, is not answerable to a criminal offense is _____. Correct Answer: temporary detention 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. Correct Answer: witness According to the Code of Criminal Procedure, an officer must have _____ to believe the property is stolen to justify seizure of the property. Correct Answer: probable cause 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. Correct Answer: magistrate _____ exists when the facts and circumstances known to the officer would warrant a prudent man believing that an offense has been committed. Correct Answer: Probable cause 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? Correct Answer: Constructive custody Which U.S. Constitutional amendment is the primary focus of the Miranda v. Arizona case? Correct Answer: 5th 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 _____. Correct Answer: felony 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? Correct Answer: There is a person the officer has probable cause to believe is violating a protective order. 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. Correct Answer: Felony The poisonous tree doctrine, which displays the notion that evidence obtained after illegal government action will be excluded from evidence, was affirmed in _____. Correct Answer: Wong Su v. U.S. You can frisk if there is _____ that the suspect may be in possession of a weapon. Correct Answer: reasonable fear When a search is conducted after a lawful arrest, within immediate control and contemporaneous with the arrest, the search is justified under _____ to lawful arrest. Correct Answer: incidental What is generally considered to be that area of open space surrounding a dwelling, which is so immediately adjacent to the dwelling that it is part of the house? Correct Answer: Curtilage According to the Penal Code, what is NOT part of the element of an offense? Correct Answer: Admission of guilt. According to the Penal Code, in the case of an "exception to an offense," the burden of proof lies with the _____. Correct Answer: prosecuting attorney According to the Penal Code, a person acts _____, with respect to the nature of their conduct, when it is the conscious objective or desire to engage in the conduct or cause the result. Correct Answer: intentionally According to the Penal Code, a person is criminally responsible as a party to an offense if the offense is_____. Correct Answer: committed by his own conduct According to the Penal Code, what is an affirmation defense to prosecution that the actor was compelled by threat of serious bodily injury to engage in the proscribed conduct? Correct Answer: Duress According to the Penal Code, a mistake of fact is _____. Correct Answer: a defense to prosecution According to the Penal Code, in order to prove a case of public intoxication, a person must _____. Correct Answer: appear in a public place while intoxicated to a degree the person may endanger himself/herself or another A person is in the process of robbing a store when a customer enters and is shot and killed by the person. According to the Penal Code, what is the most serious offense committed? Correct Answer: Capital murder. A person abducts a child and demands a ransom for the child's release. The person gets scared and releases the child unharmed. According to the Penal Code, what is the most serious offense committed? Correct Answer: Aggravated kidnapping According to the Penal Code, what offense is committed when a person threatens to harm another, by an unlawful act, on account of their service as a witness or public servant? Correct Answer: Obstruction or retaliation A person causes an explosion with the intent to destroy or damage, and is reckless about whether the explosion will endanger the life of some individual. According to the Penal Code, the person committed the offense of _____. Correct Answer: arson A person who, in the course of committing theft, intentionally, knowingly, or recklessly causes bodily injury to another, or places another in fear or imminent bodily injury or death, has committed what offense? Correct Answer: Robbery 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? Correct Answer: Aggravated robbery 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? Correct Answer: Burglary of a habitation 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. Correct Answer: unlawfully 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 _____. Correct Answer: fraudulent destruction, removal, or concealment of writing A person steals a credit card with the intent to use it. According to the Penal Code, the person has committed the offense of _____. Correct Answer: credit card abuse 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 _____. Correct Answer: preventing execution of civil process A person enters the county commissioners' meeting and begins to shout obscenities. According to the Penal Code, that person has committed the offense of _____. Correct Answer: disrupting meeting or procession According to the Penal Code, a person knowingly solicits another to engage in sexual conduct with another person for compensation commits the offense of _____. Correct Answer: promotion of prostitution According to the Penal Code, a person who intentionally operates or participates in the earnings of a gambling place has committed the offense of _____. Correct Answer: gambling promotion. According to the Penal Code, what is the definition of a deadly weapon? Correct Answer: Anything that, in its manner of intended use, is capable of causing serious bodily injury. According to the Penal Code, all per