Summary The Texas Commission on Law Enforcement (TCOLE) (Master Study Guide Test Bank) Complete & Verified 2023.

Summary The Texas Commission on Law Enforcement (TCOLE) (Master Study Guide Test Bank) Complete & Verified 2023. That condition of the human organism that consists of its health and disease status and risk potential. - Wellness According to the Occupations Code, a person licensed as a peace officer must complete 40 hours of legislatively required continuing education training once every - 24 months According to 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 - 30 days According to 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 - 30 days According to Commission Rules, the license of any licensee who does not meet the legislatively required continuing education by the expiration date will - Expire Which of the following is an advantage of having the professional model for law enforcement? - More effective problem solving techniques The expression or use of facts without distortion by personal feelings or prejudices is the definition of - Objectivity Investigations relating to the deprivation of civil rights under color of law are usually conducted by the - Federal Bureau of Investigation According to the Penal Code, a public servant acting under color of office or employment commits the offense of Official Oppression if the public servant - Intentionally subjects another to sexual harassment lly sub The Sixth Amendment to the U.S. Constitution - Gives the right to trial, open to the public Cruel and unusual punishment are prohibited by which amendment? - 8th According to the Amendment of the U.S. Constitution, powers not specifically reserved to the federal government are reserved to the state government. - 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 - Writ of habeas corpus Which court case affirmed a person's right to free speech? - Dural V. City of Douglas The 5th Amendment to the U.S. Constitution gives citizens the protection from . - Self- Incrimination The Amendment limits the level of force that may be used to reasonable force. - 4th The primary components of the American Criminal Justice System are . - Police, courts, and correctional is law that defines the personal and property rights of individuals. - Civil Law According to the Code of Criminal Procedure, which of the following is NOT a magistrate? - District Attorneys According to the Code of Criminal Procedure, which of the following are NOT Texas peace officers? - Special agents of Alcohol, Tobacco and Firearms According to the Code of Criminal Procedure, the Court of Criminal Appeals does NOT . - 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. - 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 . - Giving written notice of a victim's legal rights According to the Code of Criminal Procedure, which of the following is NOT a use of force option for dispersing a riot? - Use any defree 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 . - 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 . - Bail According to the Code of Criminal Procedure, a written statement of a grand jury accusing a person of an offense is a/an . - Indictment According to the Code of Criminal Procedure, a person is arrested when the person has been . - Taken into custody According to the Code of Criminal Procedure, a written statement that is filed 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 law is called a/an . - 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 . - 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. - 3 whole days According to the Code of Criminal Procedure, which court has original jurisdiction over all felony cases? - 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? - Capias According to the Code of Criminal Procedure, appeals from the Justice Court are heard by the Court. - 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 the body of the person accused of an offense, to be dealt with according to law? - 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? - 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. - Shall circumstances exist when there is not enough time to obtain a warrant and the officer must establish probable cause. - Emergency The right to have an attorney present during questioning was affirmed by _ . - 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 . - 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 . - A felony In U.S. v. Carroll, the Supreme Court upheld an officer's right to search a vehicle's trunk when the officers have . - Probable cause Under temporary detention, a person be required to identify himself. - Cannot The act of keeping back, or withholding, by design, a person, is the definition of . - Detention The right of the officer to search the immediate area of control in a search incident to an arrest was affirmed in . - Chimel V. Calfornia 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 . - 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 . - 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. - Witness According to the Code of Criminal Procedure, an officer must have to believe the property is stolen to justify seizure of the property. - 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. - Magistrate exists when the facts and circumstances known to the officer would warrant a prudent man believing that an offense has been committed. - 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? - cONSTRUCTIVE CUSTODY Which U.S. Constitutional amendment is the primary focus of the Miranda v. Arizona case? - 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 . - 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? - 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. - Felony The poisonous tree doctrine, which displays the notion that evidence obtained after illegal government action will be excluded from evidence, was affirmed in . - Wong Sun V. U.S. You can frisk if there is _ that the suspect may be in possession of a weapon. - 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. - 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? - Curtilage According to the Penal Code, what is NOT part of the element of an offense? - admission of guilt According to the Penal Code, in the case of an "exception to an offense," the burden of proof lies with the . - 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. - intentionally According to the Penal Code, a person is criminally responsible as a party to an offense if the offense is . - Committed by his own conduct According to the Penal Code, what is an affirmative defense to prosecution that the actor was compelled by threat of serious bodily injury to engage in the proscribed conduct? - Duress According to the Penal Code, a mistake of fact is . - A defense to prosecution According to the Penal Code, in order to prove a case of public intoxication, a person must . - 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? - 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? - 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? - Obstruction or retaliation A person causes an explosion with 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 has committed the offense of . - Arson A person who, in the course of committing theft, intentionally, knowingly, or recklessly causes bodily injury to another, or places another in fear of imminent bodily injury or death, has committed what offense? - Robbery A person knowingly causes serious bodily injury to another in the course of committing theft. According to the Penal Code, what is the most serious offense committed? - Aggravated Robbery A person breaks into an attached garage, breaks into a vehicle parked in the garage, and steals a $1,500 computer from the back seat. According to the Penal Code, what is the most serious offense committed? - Burglary 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. - Unlawfully A person removes a $450 price tag from a retail item, replaces it with a $200 price tag and pays the lower price. According to the Penal Code, the person has committed the offense of . - 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 . - 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 . - 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 . - Disrupting meeting or procession According to the Penal Code, a person who knowingly solicits another to engage in sexual conduct with another person for compensation commits the offense of . - 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 . - Gambling promotion According to the Penal Code, what is the definition of a deadly weapon? - Anything that, in its manner of intended use, is capable of causing serious bodily injury According to the Penal Code, all persons are presumed to be innocent, and no person may be convicted of an offense unless each element of the offense is proven . - Beyond a reasonable doubt According to the Penal Code, which of the following persons is NOT permitted to carry, on or about their person, a handgun? - A person carrying large sums of money A person intentionally or knowingly abducts another person with the intent to use them as a shield or hostage. According to the Penal Code, the person has committed the offense of . - Aggravated kidnapping A person intentionally or knowingly restrains another person. According to the Penal Code, the person has committed the offense of . - Unlawful restraint A person intentionally or knowingly abducts another person. According to the Penal Code, the person has committed the offense of . - Kidnapping A person engaged in sexual contact with a child younger than 17 years of age, who is not their spouse, and is more than 3 years older than the child. According to the Penal Code, the person has committed the offense of . - Indecency with a child A person intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse. According to the Penal Code, the person has committed the offense of . - Aggravated assault A person intentionally or knowingly causes the death of an individual. According to the Penal Code, the person has committed the offense of . - Murder A person recklessly causes the death of an individual. According to the Penal Code, the person has committed the offense of . - Manslaughter A person operates an amusement ride while intoxicated, and by reason of that intoxication causes the death of another by accident or mistake. According to the Penal Code, the person has committed the offense of . - Intoxication manslaughter According to the Penal Code, which of the following is a "short barrel" firearm? - A shotgun with an overall length of less than 26 inches According to the Penal Code, which of the following is NOT covered in Section 46.02, "unlawfully carrying weapons?" - Shotgun A person, not the operator, knowingly possesses an open container (of alcohol) in a passenger area of a motor vehicle that is located on a public highway. According to the Penal Code, the person has committed the offense of . - Possession of alcoholic beverage in motor vehicle According to the Penal Code, a license, certificate, permit, seal, title, letter of patent, or similar document issued by a government, by another state, or by the United States is a . - Governmental record A person is in possession of a burning tobacco product in an elevator. According to the Penal Code, what offense has been committed? - Smoking tobacco A person retains a child younger than 18, knowing this violates the express terms of a judgment. According to the Penal Code, what offense has been committed? - Interference with child custody According to the Penal Code, conduct merely affording a person an opportunity to commit an offense does not constitute . - Entrapment According to the Penal Code, a person is justified in using deadly force against another when and to the degree he reasonably believes the deadly force is immediately necessary to . - prevent the others imminent commission of robbery According to the Transportation Code, an operator intending to turn a vehicle right or left shall signal continuously for not less than the last feet of movement of the vehicle before the turn. - 100 According to the Transportation Code, a motor vehicle designed, used, or maintained primarily to transport property, is the definition of . - Truck According to the Transportation Code, a motor vehicle designed and used primarily as a farm implement to draw an implement of husbandry is the definition of a . - Farm tractor . According to the Transportation Code, a vehicle that is not designed or used primarily to transport persons or property and that is only incidentally operated on a highway, is classified a/an . - Special mobile . According to the Transportation Code, an individual, association, corporation, or other legal entity that controls, operates, or directs the operation of one or more vehicles that transport persons or cargo over a road or highway in this state is a/an . - Motor carrier