TCOLE State exam review QUESTIONS WITH ANSWERS
RATED A+
a person abducts a child and demands a ransom for the child's release. the person gets scared and
releases the child unharmed. what is the most serious crime committed? - aggravated kidnapping
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 the intent to destroy or damage and is reckless about whether
the explosion will endanger the life of some individual. The person has committed_. - arson
in the case of an exception to an offense the burden of proof lies with the _. - prosecuting
attorney
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
a person is criminally responsible as a party to an offense if the offense is_
under duress
intentionally
recklessly
by his own conduct - committed by his own conduct
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
a mistake of fact is _ - a defense to prosecution
The poisonous tree doctrine was affirmed in - wong sun v US
you can frisk if there is _ that the suspect may be in possession of a weapon - reasonable fear
(terry v ohio)
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
what is not part of the element of an offense?
admission of guilt
forbidden conduct
required culpability
,any required result - admission of guilt
holding a person for a limited time who, as of yet is not answerable to a criminal offense is -
temporary detention
an officer must have _ to believe the property is stolen to justify seizure of the property -
reasonable ground (ccp 18.16 shoplifter clause)
a po may arrest without a warrant when a felony or breach of peace has been committed in the
presence of within view of _ and such person verbally orders the arrest of the offender. -
magristrate
if a _ from another state comes into or passes through this state under an order directing him to
attend and testify in this or anther state he is not subject to arrest of the service of civil or
criminal process because of any act committed prior to his arrival in this state under the order -
witness
_ exists when the facts and circumstances know to the officer would warrant a prudent man
believing that an offense has been committed - probable cause
according to the ccp what is the actual forcible detention of a person and other coercive measures
to detain him within certain limits - constructive custody
which us amendment is the primary focus of Miranda v Arizona? - 5th amendment
a citizen may without a warrant arrest an offender when the offense is committed within their
view is a _ - felony
which of the following occurring in the presence of an officer requires an arrest even without a
warrant?
intoxicate individual
threatening to commit an offense
person that the officer has pc to believe is violating a protective order
child violating city ordinance - person violating a protective order
a po may break down the door of any house for the purpose of making an arrest if he as been
refused admittance after giving notice of his authority and purpose under which of the following
circumstances - felony
whenever a po 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
extablish pc - emergency or exigent
the right to have an attorney present during questioning was affirmed in _ - 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
a po or any person may wo 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
a written statement of a grand jury accusing a person of an offense is an _ - indictiment
a person is arrested when the person has been _ - taken into custody
a written statement that is filed and presented on behalf of the state of Texas by a DA that
charges a person with an offense that may be prosecuted according to law is called an _ -
information
a po of another state may pursue a fleeing person into Texas and arrest them there if the person is
suspected of committing a - felony
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
in us v carroll the supreme court upheld an officer's right to search a vehicle's trunk when
officers have _ - probable cause (us v ross)
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 arrest was
affirmed in - chimel v california (wignspan rule)
a search warrant is a written order issued by a magistrate and directed to a po commanding him
to - search for any property or thing and seize the same
which court has original jurisdiction over all felony cases? - district
what is a writ issued by a court directing any po in the state commanding him to arrest a person
accused of an offense and bring him before that court immediately called> - capias
appeals from the jp court are heard by the _ court - county
what is the term for a written order from a magistrate directed to a po commanding them to take
the body of the person accused of an offense to be dealt with according to law - arrest warrant
what is a law enforcement initiated action based on an individual's ethnicity or national origin
rather than the individual's behavior? - racial profiling
RATED A+
a person abducts a child and demands a ransom for the child's release. the person gets scared and
releases the child unharmed. what is the most serious crime committed? - aggravated kidnapping
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 the intent to destroy or damage and is reckless about whether
the explosion will endanger the life of some individual. The person has committed_. - arson
in the case of an exception to an offense the burden of proof lies with the _. - prosecuting
attorney
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
a person is criminally responsible as a party to an offense if the offense is_
under duress
intentionally
recklessly
by his own conduct - committed by his own conduct
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
a mistake of fact is _ - a defense to prosecution
The poisonous tree doctrine was affirmed in - wong sun v US
you can frisk if there is _ that the suspect may be in possession of a weapon - reasonable fear
(terry v ohio)
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
what is not part of the element of an offense?
admission of guilt
forbidden conduct
required culpability
,any required result - admission of guilt
holding a person for a limited time who, as of yet is not answerable to a criminal offense is -
temporary detention
an officer must have _ to believe the property is stolen to justify seizure of the property -
reasonable ground (ccp 18.16 shoplifter clause)
a po may arrest without a warrant when a felony or breach of peace has been committed in the
presence of within view of _ and such person verbally orders the arrest of the offender. -
magristrate
if a _ from another state comes into or passes through this state under an order directing him to
attend and testify in this or anther state he is not subject to arrest of the service of civil or
criminal process because of any act committed prior to his arrival in this state under the order -
witness
_ exists when the facts and circumstances know to the officer would warrant a prudent man
believing that an offense has been committed - probable cause
according to the ccp what is the actual forcible detention of a person and other coercive measures
to detain him within certain limits - constructive custody
which us amendment is the primary focus of Miranda v Arizona? - 5th amendment
a citizen may without a warrant arrest an offender when the offense is committed within their
view is a _ - felony
which of the following occurring in the presence of an officer requires an arrest even without a
warrant?
intoxicate individual
threatening to commit an offense
person that the officer has pc to believe is violating a protective order
child violating city ordinance - person violating a protective order
a po may break down the door of any house for the purpose of making an arrest if he as been
refused admittance after giving notice of his authority and purpose under which of the following
circumstances - felony
whenever a po 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
extablish pc - emergency or exigent
the right to have an attorney present during questioning was affirmed in _ - 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
a po or any person may wo 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
a written statement of a grand jury accusing a person of an offense is an _ - indictiment
a person is arrested when the person has been _ - taken into custody
a written statement that is filed and presented on behalf of the state of Texas by a DA that
charges a person with an offense that may be prosecuted according to law is called an _ -
information
a po of another state may pursue a fleeing person into Texas and arrest them there if the person is
suspected of committing a - felony
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
in us v carroll the supreme court upheld an officer's right to search a vehicle's trunk when
officers have _ - probable cause (us v ross)
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 arrest was
affirmed in - chimel v california (wignspan rule)
a search warrant is a written order issued by a magistrate and directed to a po commanding him
to - search for any property or thing and seize the same
which court has original jurisdiction over all felony cases? - district
what is a writ issued by a court directing any po in the state commanding him to arrest a person
accused of an offense and bring him before that court immediately called> - capias
appeals from the jp court are heard by the _ court - county
what is the term for a written order from a magistrate directed to a po commanding them to take
the body of the person accused of an offense to be dealt with according to law - arrest warrant
what is a law enforcement initiated action based on an individual's ethnicity or national origin
rather than the individual's behavior? - racial profiling
