TCOLE (Master Study Guide) QUESTIONS WITH ANSWERS
RATED A+
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
RATED A+
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
