TCOLE Practice Test 3 QUESTIONS AND CORRECT ANSWERS

TCOLE Practice Test 3 QUESTIONS AND CORRECT ANSWERSCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof: 1. Abridging the freedom of speech 2. Freedom of the press 3. The right of the people peaceably to assemble 4. To petition the government for a redress of grievances Amendment 1 In all criminal prosecutions, the accused shall enjoy the right to: 1. A speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusations. 2. To be confronted with the witnesses against him 3. To have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Amendment 6 (VI) The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment 9 (IX) No soldier, shall in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Amendment 3 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. Amendment 4 (fitness and wellness) Of the studies that have been done on law enforcement people, most suggest that alcohol and drug abuse is ____ frequent compared to the general population. More (fitness and wellness) Of the studies that have been done on law enforcement people, most suggest that alcohol and drug abuse is _____ frequent compared to the general population. More The health-related components are more important to wellness and quality of life than are the skill-related components linked to _____ performance. Motor Which of the following is recommended treatment for peptic ulcer? Get sufficient rest In addition to cardiovascular problems and the peptic ulcer, which of the following is one of the primary physical disablers for law enforcement officers? Lower back injury Wellness ranges from optimum health to: Death. _______ is the condition of the human organism that consists of its health and disease status and risk potential. Wellness The best way to avoid lower back injury is ____________. To keep the back straight and life objects with the legs, providing the object is not too heavy for one person. Which of the following statements is "true" in regards to stress? Some types of stress are considered as being "positive" Which of the following is a physiological effect of prolonged consumption of alcoholic beverages? Cirrhosis of the liver Heavy alcoholic drinking may cause low blood sugar and lead to: Hypoglycemia Genuine health or wellness is not just the absence of disease or infirmity, it is a state of positive well-being. It induces the physical, mental, spiritual, and socio-emotional dimensions of life. Total well-being translates into the practice of ______. Positive lifestyle and good health habits Which of the following conditions contributes to the creation of stomach ulcers? 1. Irregular eating patters 2. Hurried meals that do not permit adequate digestion 3. Smoking 4. Drinking alcoholic beverages heavily The condition of the body that enables an individual to use his or her body in activities requiring strength, muscular endurance, cardiovascular endurance, flexibility, coordination, ability, power, balance, speed, and accuracy, without undue experience Physical fitness Fitness-The condition of the body that enables an individual to use his/her body in activities requiring strength, muscular endurance, cardiovascular endurance, flexibility, coordination, agility, power, balance, speed, and accuracy, without ___________. Undo experience of fatigue and exhaustion August Volmer can best be remembered for: Hist contribution to the goal of professionalizing the police The ______________ is the statutory authority for the Commission (TCLEOSE) to establish rules that law enforcement agencies and officer must follow. Occupations Code In ___________ the Texas Legislature enacted legislation that created TCELOSE. 1965 Policing in America has its roots in __________ methods. European "__________" is the state or quality of mind or spirit that enables one to face danger with self-possession, confidence, and resolution; bravery; valor Courage According to TCLEOSE, the earliest definition of "professionalism" comes from: Religion Specifically, the "______________" role is performed by being objective and ethical in personal behavior and in functioning as a representative of the criminal justice system. Ethical "___________" is the occupation which one professes to be skilled in and to follow. A vocation in which professed knowledge of some branch of learning is used in its application to the affairs of others, or in the practice of an art based upon it. Profession Which of the following was specifically listed in the BPOC, Ch. 3, as an example of moral courage? Refusing gratuities The right to be free from excessive bail and cruel and unusual punishment is contained in the: 8th Amendment "____________" is the name given to a variety of writs, with the objective of bringing a party before a court or judge. The primary function is to release from unlawful imprisonment. The office of the writ is not to determine prisoner's guilt or innocence, and the only issue which it presents is whether prisoner is retrained of his liberty by due process. Writ of Habeas Corpus The _____ Amendment has been interpreted to limit the level of force that may be used by law enforcement to reasonable force. 4th The right to be free from unreasonable search and seizures is found in the ______ Amendment. 4th "__________" law is that portion of the law which defines the personal and property rights of individuals; the right of an individual to seek redress or to prevent a wrong; any action other than criminal proceedings. Civil The highest Texas court to hear appeals of criminal cases is: Court of Criminal Appeals Article 3 of the U.S. Constitution Provides for the establishment and jurisdiction of the U.S. Supreme Court The Fourteenth Amendment to the Constitution guarantees: Due process of law The case is tried in Justice of the Peace Court and the person is found guilty. What court could the defendant appeal this conviction to? County Which Amendment to the U.S. Constitution gives citizens the right to an attorney during criminal proceedings? 6th Amendment ______ states, "The enumeration in the Constitution, of certain right, should not be construed to deny or disparage others retained by the people 9 According to the ___________ Amendment the accused shall enjoy the right to a speedy and public trial 6th THe requirement that the government must act in accordance with due process of law is contained in which two amendments to the U.S. Constitution? 5th and 14th "__________" is an order from the court directing the person responsible for holding an individual in jail or prison to bring that person before the court and show what the legal justification if for having the person in custody. Writ of Habeas Corpus A person is charged with "assault" where the defendant caused "bodily injury" to a Texas police officer while the performance of his duties as the peace officer. Which Texas court has original jurisdiction to try this case? District Which Amendment requires that the accused have a right to be confronted with witnesses against him? 6th Amendment The right to be free from unreasonable searches and seizures is found in the: 4th Amendment "_____________" is acting on the basis of prejudice. Discrimination "____________" is a mental position based on a person's knowledge, feelings, and experiences about someone or something influencing him/her to behave in a certain way in regard to that person or thing. Attitude "____________" refers to shared culture and background. Members of one of these groups usually have a common ancestry and generally share language, religion, and other cultural patterns. Ethnicity "_____________" generally refers to groups of people with common ancestry and physical characteristics. Race A _______ is the written statement of a grand jury accusing a person herein named of some act or omission which, by law is declared to be an offense. Indictment Which of the following would be listed in the CCP as a "Special Investigator". Civilian special agents of the United States Naval Investigative Service Except by due course of law of the land, no citizen of this state shall be deprived of: 1. Privileges 2. Property 3. Liberty 4. Life A warrant of arrest is issued and signed only by a major of an incorporated city or town can be executed: Only in the county in which it was issued Who are peace officers? Both constables/sheriffs and each of their deputies As an officer, you may ask a person to assist you in making an arrest. What crime has occurred if the person refuses your command? No "crime" has occurred If a peace officer requests aid from a citizen and the citizen refuses, that person may be charged with a crime. False Which of the following is not a magistrate in Texas? State Attorney General The CCP Art. 15.25 specifically states, "In case of _______________, the officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose." Felony No person shall be convicted of Treason except on the testimony of ______ witnesses to the same overt act, or on confession in open court. 2 ________ is the security given by the accused that he will appear and answer before the proper court the accusation brought against him. Bail A/an ___________ is a written statement filed and presented in behalf of the State by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted. Information A peace officer _________ arrest a suspect if he has probable cause to believe he has violated a protective order and it does not occur in his presence. May In instrument issued by the clerk of a court or a justice of the peace commanding that the person named therein appear at a specific time and place is a/an: Subpoena Art. 101 may be cited as: Code of Criminal Procedure Which amendment defines the right to be secured from unreasonable search and seizures? 4th What offense does a person commit if they intentionally or knowingly prohibit a justice of the peace from entering a premises where a death occurred or a body is found? Hindering an Inquest The head of the agency arresting or holding a person in the prevention of "family violence" if there is probably cause to believe the violence will continue if the person is immediately released, may hold the person for a period of not more than _________. 4, 48 A peace officer ______ arrest a suspect if he has probable cause to believe he has violated a protective order and it does occur in his presence. Shall A/an ___________ is a writ issued by the court or clerk, and directed to "any peace officer of the state of Texas", commanding him to arrest a person accused of an offense and bring him before that court immediately, or on a day at a term stated. Capias An officer's own knowledge of facts and circumstances should enhance the facts surrounding establishing probable cause. True In _________ v. __________, the U.S. Supreme Court extended the Fourth Amendment protection from unreasonable search and seizure to protect individuals with a "reasonable expectation of privacy" Katz v. United States Curtilage is generally considered to be that area of open space surrounding a dwelling which is so immediately that is considered part of the house. True What can a peace officer do with mere suspicion? 1. May conduct surveillance 2. May run computer checks 3. An investigation may be conducted to determine what, if anything is occurring In the absence of other effective measures the following procedures to safeguard the Fifth Amendment privilege must be observed: 1. The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent 2. That any statement can be used against him Miranda v. Arizona Probable Cause is defined as: A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime. True A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the purpose of arresting that person for ___________ may continue the pursuit into this state and arrest the person A felony Which of the following is a "rule of evidence" developed by the U.S. Supreme Court that states that evidence is not admissible against an accused person if an officer's search violates the Fourth Amendment of the Constitution? Exclusionary Rule Under the fourth amendment, probable cause-which amounts to more that a mere suspicion but less than evidence that would justify a conviction-must be shown before an arrest warrant or search warrant may be issued. True. Should the approach culminate in an arrest or seizure of contraband, you must be able to articulate (document) your initial suspicions to justify the initial contact made or action taken. True. During the search of an apartment for a suspect pursuant to a valid search warrant, an officer looks in a closet large enough to hide the suspect and observes a short-barrel shotgun which he recognizes as a prohibited weapon. The weapon: May be seized and the person living in the apartment charged with possession of a prohibited weapon. In most cases automobile searches are exception to the rule requiring a search warrant. In this case, the U.S. Supreme Court allowed searches of vehicles without warrant provided the police has "probable cause" Carroll v. U.S. The "_____________" doctrine is the notion that evidence obtained after illegal government action will be excluded from evidence. This pertains not only to physical or tangible materials generally subject to the "exclusionary rule", but also intangibles such as subsequent confessions, admissions, identifications, and testimony obtained as a result of the initial unlawful activity. Fruit of the Poisonous Tree ___________ is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house. Curtilage Area The ________________ is the notion that evidence obtained after illegal governmental action will be excluded from evidence. This pertains not only to physical or tangible materials generally subject to the Exclusionary Rule, but also intangibles such. Poisonous Tree Doctrine In ______________________, the U.S. Supreme Court established that an informant's tip must be accompanied by: 1. Some of the underlying circumstances on which the informant based conclusions 2. Some basis for concluding either that the informant was creditable or his information reliable. Aguilar v. Texas