ACC LEA Class 109 - Midterm Exam Questions and Answers 2024 latest

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 ANSWERlaw 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 ANSWERFalse, 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 subdivision 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 ANSWERBoth civil and criminal actions. Use sound judgment and don't take things personally Who may serve process under Texas Rules of Civil Procedure? - CORRECT ANSWERSheriff, 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 ANSWERThe 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. Methods for service for Citations? - CORRECT ANSWER-I