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Reasonable / prudent According to the Transportation code: "No person shall drive a vehicle on a highway at a speed greater than is ________ and _______ u... [Show More] nder the circumstances then existing." intentionally 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. to the right or left of the subject When two officers are interviewing one subject, the second officer's position should be ________? The right of the people to petition the government The First Amendment to the Federal constitution concerns..... Extensive use of the automobile for patrol What single event served most to remove the police officer from contact with the community? Disorderly Conduct A male person is at a night club and looks in the girls' restroom to see if he can catch a glimpse at any partially clothed women. What offense has occurred? Must According to the CCP and case law, an officer/ supervisor _____________ intervene in cases of excessive use of force. -One officer should take the "lead role" -Communication must occur between the two officers -Coordination between the two officers is important -All the above should be remembered When two officers are directing traffic at an intersection, the officers should remember: Magistrate Who has authority to release a person arrested for Public Intoxication? uses or exhibits a deadly weapon Which of the following may cause an offense of robbery to be upgraded to aggravated robbery? care for injured What is the first thing an officer does during the "Scene Management" stage? Roadway The ________ is that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. Justice is to be served Time must be devoted to exploring motives, possible omissions, and assessing the truth if ________________________. The right of an accused to counsel for his defense The Sixth Amendment to the Federal Constitution includes..... 18 According to the Transportation Code, it is unlawful to operate an open bed pickup truck with a child younger than _____ in the open bed. codifies certain illegal behaviors of public officials Title 8 of the Texas Penal Code (chapters 36, 37 and 38): Excessive Bail The Sixth Amendment covers all of the following except: hallucinogens The major classifications of drugs include narcotics, depressants, stimulants and ______. Culture A way of thinking and acting based on tradition or learned behavior passed down from one generation to the next describes..... an attachment The writ that is issued under seal, commanding a peace officer to deliver the body of a witness before a grand jury proceeding is called: limited to situations where the officer or an innocent thrid party is physically threatened a matter of departmental policy and authorized only with specific supervisory permission in each case Shooting at nonviolent fleeing felons is Racial What is the most common form of prejudice? Right to a Grand Jury The Fifth Amendment addresses which of the following: Usable According to the HSC 481.121, possession of Marihuana: A person commits an offense if the person intentionally or knowingly possesses a ____________ quantity of marihuana. False Delinquent Conduct is conduct, including traffic offenses, that violates the Penal Laws of this State. expire According to Commission Rules, the license of any licensee who does not meet the legislatively required continuing education by the expiration date will _______. 3rd degree felony A person found in possession of crack cocaine weighing a total of 2 grams should be charged with a: Unreceptive to alternatives after repeated appeals. Which of the following indicate that words are no longer working as a force option? omission or neglect Which of the following factors most generally contributes to the mental and emotional injury to a child and is punishable under P.C.22.04? Remove vehicles and debris During the "Traffic Control" stage what should be done? 2 According to CCP Art. 1.20, no person shall be convicted of treason except on the testimony of ___________________ witnesses to the same overt act, or on confession in open court. 24 According to Sec. 217.11 Legislatively Required Continuing Education for Licensees, a Peace Officer appointed to their first supervisory position, training must be completed within ___________ months following the date of appointment as a supervisor. mail carrier on rounds Which of the following is a defense to prosecution for not wearing a seat belt? make a lawful arrest without warrant. If a peace officer develops probable cause that a criminal violation is about to occur, and there is no time to obtain a warrant, he may taken into custody According to the Code of Criminal Procedure, a person is arrested when the person has been _______. 0.08 Which of the following is the minimum level of blood-alcohol concentration that defines a person as being under the influence of intoxicating beverages in the state of Texas. Farm tractor A motor vehicle designed and used primarily as a farm implement to draw an implement of husbandry. Criminal Negligence Which culpable mental state refers to a person's conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur when and to the degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint? Burglary - Building A person steals an old lawn mower worth $40 out of an old storage shed that is falling apart. What offense has occurred? Wellness The condition of the human organism that consists of its health and disease status and risk potential. Fair and Objective Word gets around if an officer is _____________________________ in one's work, and one's ability to serve is increased. Capitol offenses The only offenses in which bail may be denied, is in cases of: prudent According to the Transportation Code, an operator may not drive at a speed greater than is reasonable and ______ under the circumstances existing. 4th The ______ Amendment limits the level of force that may be used to reasonable force. A person pays another person to kill a business partner. Which of the following offenses is punishable by the death penalty? [Show Less]
Deadly Force (Definition) [09.01] (3) force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of ca... [Show More] using, death or serious bodily injury Force (Definition) Power dynamically considered, that is, in motion or in action; constraining power, compulsion; strength directed to an end (according to Black's Law Dictionary). 00:30 01:23 Reasonable Force (Definition) The level of power that is necessary used against another person that is appropriate to protect yourself, family members or property (according to Black's Law Dictionary). JUSTIFICATION AS A DEFENSE [09.02] It is a defense to prosecution that the conduct in question is justified under this chapter. CONFINEMENT AS JUSTIFIABLE FORCE [09.03] Confinement is justified when force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense. THREATS AS JUSTIFIABLE FORCE [09.04] The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force. RECKLESS INJURY OF INNOCENT THIRD PERSON [09.05] Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person. CIVIL REMEDIES UNAFFECTED [09.06] The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit. ARREST AND SEARCH (a) [09.51] (a) A peace officer, or a person acting in a peace officer's presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest, if: (1) the actor reasonably believes the arrest or search is lawful or, if the arrest or search is made under a warrant, he reasonably believes the warrant is valid; and (2) before using force, the actor manifests his purpose to arrest or search and identifies himself as a peace officer or as one acting at a peace officer's direction, unless he reasonably believes his purpose and identity are already known by or cannot reasonably be made known to the person to be arrested. ARREST AND SEARCH (b) [09.51] (b) A person other than a peace officer (or one acting at his direction) is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before using force, the actor manifests his purpose to and the reason for the arrest or reasonably believes his purpose and the reason are already known by or cannot reasonably be made known to the person to be arrested. ARREST AND SEARCH (c) [09.51] (c) A peace officer is justified in using deadly force against another when and to the degree the peace officer reasonably believes the deadly force is immediately necessary to make an arrest, or to prevent escape after arrest, if the use of force would have been justified under Subsection (a) and: (1) the actor reasonably believes the conduct for which arrest is authorized included the use or attempted use of deadly force; or (2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to the actor or another if the arrest is delayed. ARREST AND SEARCH (d) [09.51] (d) A person other than a peace officer acting in a peace officer's presence and at his direction is justified in using deadly force against another when and to the degree the person reasonably believes the deadly force is immediately necessary to make a lawful arrest, or to prevent escape after a lawful arrest, if the use of force would have been justified under Subsection (b) and: (1) the actor reasonably believes the felony or offense against the public peace for which arrest is authorized included the use or attempted use of deadly force; or (2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to another if the arrest is delayed. 00:05 01:23 ARREST AND SEARCH (e) [09.51] (e) There is no duty to retreat before using deadly force justified by Subsection (c) or (d). ARREST AND SEARCH (f) [09.51] (f) Nothing in this section relating to the actor's manifestation of purpose or identity shall be construed as conflicting with any other law relating to the issuance, service, and execution of an arrest or search warrant either under the laws of this state or the United States. ARREST AND SEARCH (g) [09.51] (g) Deadly force may only be used under the circumstances enumerated in Subsections (c) and (d). Estate of Ceballos v Bridgewater, Porras & Mull [5th Circuit Court of Appeals] "...an officer cannot use deadly force without an immediate threat to himself or others." Milstead v Kibler [4th Circuit Court, 2001] "...police officers performing a discretionary function enjoy an immunity that shields them from liability for civil damages unless (1) the officers' conduct violates a federal statutory or constitutional right, and (2) the right was clearly established at the time of the conduct, such that (3) an objectively reasonable officer would have understood that the conduct violated that right." Factors that must be considered with regards to force options: (1) The severity of the crime; (2) Whether or not the suspect poses an immediate threat to officers or others; (3) Whether or not the suspect is actively resisting arrest or attempting to evade arrest by flight. [Show Less]
That condition of the human organism that consists of its health and disease status and risk potential. Wellness According to the Occupations Code,... [Show More] a person licensed as a peace officer must complete 40 hours of legislatively required continuing education training once every 24 months 00:43 01:23 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 00:29 01:23 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 [Show Less]
A person who in the course of committing theft, intentionally, knowingly or recklessly causes bodily injury to another or places another in fear of imminen... [Show More] t 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 00:22 01:18 A person breaks into an attached garage breaks into a vehicle parked in the garage and steals a 1500 dollar computer from the back seat. What is the most serious offense committed? Burglary 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 dollar price tag from a retail item and replaces it with a 200 price tag. What offense has been committed? fraudulent destruction, removal, or concealment of writing The primary components of the american criminal justice system are_. police, courts, and corrections _is law that defines the personal and property rights of individuals. civil law according to the ccp which is not a magistrate? Recorders of incorporate cities justices of the peace supreme court justices district attorneys district attorneys which of the following are not texas peace officers? ATF According to the ccp the court of criminal appeals does not: review decisions of civil cases 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 him/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. what is the most serious offense committed? capital murder 00:22 01:18 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 [Show Less]
Which of the following is a risk factor in arrest situations? Spectator support for the subject An operator may not stop, stand, or park a vehicle ... [Show More] within ____ feet of a fire hydrant. 15 At least two reflectors on the rear of a motor vehicle, trailer, semitrailer, or pole trailer must be __________ in color. red Eat enough calories to attain and ____________ desired body weight. maintain What is the first thing an officer does during the "Scene Management" stage? care for injured According to Sec. 8.01 of the Penal Code, it is an affirmative defense to prosecution that at the time of the conduct charged the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong. This general defense is called: Insanity The act of regarding one's culture as the center of the universe and hence as the basis for all comparisons with other cultures defines: ethnocentrism A _________________ is a group of words that expresses a complete thought. Sentence Family and personal stressors include. Marital Children Parents Financial All of the these An adverse judgement or opinion formed beforehand or without knowledge of or examination of the facts defines: Prejudice The Ethical role is performed by being ______in personal behavior and in functioning as a representative of the criminal justice system. Objective and Ethical The provisions limiting the operations of vehicles on an improved shoulder shall not apply to... authorized emergency vehicles responding to calls No person shall stop, stand or park a vehicle.... on a crosswalk within an intersection on a sidewalk within 15 feet of a fire hydrant all of the above At the moment of arrest, ___________________ceases to build. probable cause Texas CCP Article 15.24 defines what level of force may be used in making an arrest. all reasonable means are permitted to effect an arrest The ______ Amendment limits the level of force that may be used to reasonable force. 4th In a report if you write the information in the order of their occurrence this would be called: Chronological means to deliver a controlled substance other than by administering or dispensing the substance. distribute A protective order is valid for what period of time? for the period stated in the order not exceed 2 years Which of the following crimes justifies the use of deadly force to prevent the "imminent commission" of the offense? theft during the nighttime criminal mischief during the nighttime robbery burglary Deadly force is justified in all of the above The Sixth Amendment to the U.S. Constitution ____________. gives the right to trial, open to the public Ethical men / women are ____________________________, and peer pressure can work for or against ethical behavior. Made, not born Who signs an indictment accusing a person of a crime? The foreman of a grand jury The condition of the body which enables an individual to use his/her body in activities requiring balance, speed and power, without undue fatigue or exhaustion best describes physical fitness Officer Rain Bow was called to the H.E.B. Upon arrival he met clerk Martha Sue who advised him that a subject (Sandra Smith) had picked up a bottle of Revlon Hair Spray which was priced at $11.50 and a can of Right Guard which was $1.50. Smith peeled the tag off of the Right Guard and she peeled the tag off the Revlon Hair Spray. Smith put the $1.50 tag from the Right Guard on the Revlon Hair Spray. Smith went to the check out counter where she paid only $1.50 for the Hair Spray. She was stopped by a store security officer and was arrested. What was Sandra Smith arrested for? Fraudulent destruction, removal and concealment of writing According to the Transportation Code, a vehicle equipped with hazard lamps to warn other vehicle operators of a vehicular traffic hazard shall have the lamps visible at a distance of at least _____ feet in normal sunlight. 500 According to TCLEOSE, there are 3 major components of the criminal justice system. Which of the following is NOT one of those components? Parole Of the many requisites of an arrest warrant, which of those listed is not a requisite? The date the warrant is issued. Which of the following is considered a risk factor in the physical process of arrest? Supportive spectators An Officer's "off duty" behavior is generally: held to a higher ethical standard than others means a child who is accused, adjudicated, or convicted for conduct that would not, under state law, be a crime if committed by an adult. status offender The single best suicide indicator is? depression Cruel and unusual punishment are prohibited by which amendment? 8th Sexual assault is committed without consent of the person if...... the other person has not consented and the actor knows the other person is unconscious the other person has not consented and is unaware that the sexual assault is occuring the actor is a public servant who coerces the other person to submit or participate any of the above are without consent A loaded shotgun is found in a pickup truck which is parked in the parking lot of a local middle school. What offense has been committed? No Offense Deceptive police practices are acceptable for surveillance. invalid if used to supply motive. invalid if used to provide criminal opportunity all of the above To intentionally or knowingly "restrain" another person from leaving is...... unlawful restraint What are the two systems of field note taking: Temporary; Permanent Which of the following is not a consideration for points of greatest potential congestion. The speed of the roadway ____ and "dump" mean to discharge, deposit, inject, spill, leak, or place litter on or into land or water. Dispose An operator of a vehicle emerging from an alley, driveway, or business shall.... stop before the sidewalk yield right of way to pedestrians yield right of way to approaching vehicles all of the above According to Sec. 217.11 Legislatively Required Continuing Education for Licensees, the legislatively required continuing education program for individuals licensed as peace officers shall consist of __________ hours of training. 40 The Code of Criminal Procedure states that peace officers making arrests shall take the arrested person before a magistrate: without unnecessary delay Who of the following are peace officers in the state of Texas? Officers of the Alcoholic Beverage Commission (ABC) Officers commissioned by a public junior college Stewards and judges employed by the Texas Racing Commission Officers commissioned by the Texas Board of Pharmacy All of the above According to Sec. 217.11 Legislatively Required Continuing Education for Licensees, a Peace Officer appointed to their first supervisory position, training must be completed within ___________ months following the date of appointment as a supervisor. 24 A motor vehicle designed and used primarily as a farm implement to draw an implement of husbandry. Farm tractor The Fifth Amendment addresses which of the following: Right to a Grand Jury A flashing red signal is a stop sign. Whenever a driver of a motor vehicle approaches a railroad crossing and a clearly visible electrical or mechanical signal device gives warning of the immediate approach of a train, the driver of such vehicle shall stop within __________feet but not less than __________ feet from the nearest rail. 50, 15 Which of the following statements is not true as a criteria for setting bail? The power to require bail is to be used as to make it an instrument of oppression. Providing a convenient group or person to blame when things go wrong in one's personal life or in the community is known as.... Scapegoating The type of alcohol contained in alcoholic beverages is _________________. Ethanol [Show Less]
WHO ARE MAGISTRATES CCP 2.09 justices of the Supreme Court judges of the Court of Criminal Appeals justices of the Courts of Appeals judges of the Dist... [Show More] rict Court Duty of magistrates CCP 2.10 Main duty is to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime. Examining court CCP 2.11 When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court. Railroad peace officers CCP 2.121 The director of the department of public safety may appoint 250 railroad police safety may appoint up to 250 railroad peace officers whom are employed by a railroad. A railroad peace officer may not issue a traffic citation for a violation. Adjunct police officers CCP 2.123 Within counties of 200,000, 50 peace officers who are commissioned education code, who are employed by a private institution of higher education located in municipality. Peace officers from adjoining states CCP 2.124 Texarkana is an example of this. A buffer zone on either side of the state border. They have the same powers as any officer. If no arrangement or agreement is made you can enforce state laws from one mile across the border. However city ordinances cannot be enforced. Special Rangers of Texas and Southwester Cattle Raisers Association CCP 2.125 The director of the Department of Public Safety may appoint up to 50 special rangers of Texas and Southwestern Cattle Raisers Association to aid law enforcement agencies in the investigation of the theft of livestock or related property. Peace Officers commissioned by the Alabama Coushatta Indian Tribe CCP 2.126 - Vested With all the powers, privileges and immunities of peace officers and may arrest without a warrant any person who violates a law of the state. They may also enforce traffic laws on the streets and highways. Outside of their boundaries they must be summoned by another commissioned peace officer for their assistance. WHO ARE PEACE OFFICERS CCP 2.12 sheriffs constables *marshals rangers law enforcement agents of the Texas Alcoholic Beverage Commission investigators of the district attorneys fire marshal investigators commissioned by the Texas Medical Board municipal park and recreational patrolmen and security officers *law enforcement officers commissioned by the Parks and Wildlife Commission (10 of 36) Duties and powers CCP 2.13 IT IS THE DUTY of every peace officer to preserve the peace within the officer's jurisdiction. To effect this purpose the officer shall use all lawful means as listed. - Interfere without warrant to prevent or suppress crime. - Execute all lawful process issued to the officer by magistrate or court. - Give notice to some magistrate of all offenses committed within the officer's jurisdiction. - Arrest offenders without warrant in every case where the officer is authorized by law and take the offender before the proper magistrate. - IT IS ALSO the duty of every officer to ***take possession of a child under ARTICLE 63.009 Neglecting to execute process CCP 2.16 If an officer refuses/neglects obligations to any summons, subpoena or attachment for a witness, or any other legal process he shall be liable to a fine for contempt not less than $10 but not more than $200. Conservator of the peace CCP 2.17 Each SHERIFF shall be a conservator of the peace in his county. He shall do all things necessary to suppress crime. Custody of prisoners CCP 2.18 Custody of prisoners is the sheriff's obligation. A prisoner committed to jail by warrant from a magistrate or court will be placed in jail by the sheriff. Deputy CCP 2.20 Wherever a duty is imposed by this code upon the sheriff, the same duty may lawfully be performed by his deputy. When there is no sheriff in a county all duties will fall onto the deputy. Investigation of certain reports alleging child abuse CCP 2.27 Police will act quickly on any report from CPS that alleges an immediate risk of physical or sexual abuse of a child that could result in death or serious harm. As soon as possible after being notified by the department of the report, but not later than 24 hours after being notified, the peace officer shall accompany the department investigator in initially responding to the report. Duties regarding misused identity CCP 2.28 When someone misuses another person's identity, the officer must do the following: Notify the person that... the person's id information was misused by another person arrested in the county, the person may file a declaration with the department of public safety and the person is entitled to expunction of all crimes the offender committed under victims name. The officer must then notify DPS of the same information. Report required in connection with fraudulent use of or possession of identifying information CCP 2.29 When someone uses another's ID the peace officer shall make a written report that contains the following information... The name of the victim, the name of the suspect, if known, and the type of identifying information obtained, possessed, etc... and also the results of any investigation. In providing the report, the LE Agency shall redact any otherwise confidential information that is included in the report. Report concerning certain assaultive or terroristic offense CCP 2.30 A report must be completed for the following offenses; assault, aggravated assault, aggravated sexual assault, and a terroristic threat. The peace officer that investigates the report must generate a written report. SPECIAL INVESTIGATORS CCP 2.122. criminal investigators of the United States shall not be deemed peace officers, but shall have the powers of arrest, search, and seizure under the laws of this state as to felony offenses only Racial profiling prohibited CCP 2.131 A peace officer may not engage in racial profiling! Liability CCP 2.136 The statistics that TCOLE create in regards to race or ethnicity and other characteristics will not hold the officer liable. Officer not liable for statistics. Civil Penalty CCP 2.1385 (revised 2/2010) If any chief administrator intentionally fails to submit the incident-based data as required will be subject for a civil penalty of $1,000 for each violation. Duties of peace officers CCP 5.04 The primary duty of a peace officer who investigates family violence allegation is to protect any potential victim of family violence, enforce the law of the state, enforce a protective order from another jurisdiction and make lawful arrests of violators. The peace officer must also establish whether the household he reports to is a current licensed foster home or verified agency foster home. TCIC Texas Crime Information Center has this information on hand (foster home, etc.) IN AN INSTANCE OF FAMILY VIOLENCE - The victim must be provided the "Notice to adult victims of family violence" pamphlet which will be in both ENGLISH and SPANISH Standby assistance; liability CCP 5.045 Example... Family Violence call where the victim or potential victim is removed from the residence/leaves the residence; the officer may standby to make sure the movement is orderly. However if the party that leaves the residence takes property that belongs to the potential offender/offender, the officer will not be held liable for this. Take things to be out of the house for 3 days...there shouldn't be a moving truck outside of the house. Venue for protective order offenses CCP 5.07 An issued protective order is valid STATEWIDE. Peace officer to prevent injury CCP 6.06 The peace officer must use the amount of force necessary to prevent the commission of the offense and no greater! Dispersing riot CCP 8.04 Whenever there are enough people together constituting a riot, it is the duty of every magistrate or peace officer to cause such persons to disperse by commanding them or arresting the engaged, with or without warrant. Officer may call aid CCP 8.05 The officer may call to his aid the power of the county when dispersing a riot. Means adopted to suppress CCP 8.06 The officer engaged in suppressing the riot and those who aid him are authorized in adopting such measures as are necessary to suppress the riot, but are not authorized to use any greater degree of force than is required. Offense within view CCP 14.01 A peace officer may arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace. Within view of magistrate CCP 14.02 A peace officer may arrest anyone that has committed a felony or breach of the peace has been committed in the presence of a magistrate. The magistrate sees one of these offenses and verbally orders the peace officer to arrest the offender. Authority of peace officers CCP 14.03 A peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the offer's presence or view, if the offense is a felony or a breach of the peace. Public intoxication CCP 14.031 A peace officer may release the individual if he believes detention in a penal facility is unnecessary for the protection of the individual or others and if the individual is released to the care of an adult who agrees to assume responsibility for the individual. They can also be released if they verbally consent to voluntary treatment for chemical dependency in a program or treatment facility that is licensed. When felony has been committed CCP 14.04 When a credible person gives satisfactory proof that a crime has been committed and the offender is about to escape a peace officer may pursue and arrest the accused without the warrant (since there is no time to get one). Rights of officer CCP 14.05 An officer may make lawful arrests without warrant however he cannot enter a residence to make the arrest unless a person who resides in the residence consents to entry or exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant. If it's a class C the officer cannot make entry. Arrest by peace officer from other jurisdiction CCP 14.051 An officer that is in FRESH PURSUIT of a criminal may cross jurisdictions in attempt to apprehend the violator. Must take offender before magistrate CCP 14.06 The peace officer shall take the person arrested or have him taken without unnecessary delay, but not later than 48 hours after the persion is arrested, before a magistrate of the county. Warrant of arrest CCP 15.01 A warrant of arrest is a written order from a magistrate, directed to a peace officer or some other person specially names, commanding him to take the body of the person accused of an offense, to be dealt with in according to law. Requisites of warrant CCP 15.02 It must specify the name of the person whose arrest is ordered or give a definite description of him if the name is not given. It must state what the person is accused of and it must be signed by the magistrate and or in connection with his signature. Warrant extends to every part of the state CCP 15.06 A warrant shall extend to any part of the state and any peace officer to whom said warrant is directed shall be authorized to execute the same in any county in this state. [Show Less]
That condition of the human organism that consists of its health and disease status and risk potential. Wellness According to the Occupations Code,... [Show More] a person licensed as a peace officer must complete 40 hours of legislatively required continuing education training every _____ 24 months. According to the 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 According to the 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 the 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 a professional model for law enforcement? More effective problem solving techniques. The expression or use of facts without distortion by personal feelings or prejudice is the definition of _____. objectivity Investigations relating to the deprivation of civil rights under color of law are usually conducted by _____. Federal Bureau of Investigations According to the Penal Code, a public servant acting under the color of office or employment commits the offense of Official Oppression if the public servant _____. intentionally subjects another to sexual harassment The Sixth Amendment to the U.S. Constitution _____. gives you 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? Duran v. City of Douglas, AZ 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 Justice System are _____. police, courts, and correctional _____ is the 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 Attorney's According to the Code of Criminal Procedure, which of the following are NOT Texas peace officers? Special agents of the 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 _____. given written notice of a victim's legal rights According to the Code of Criminal Procedure, which is NOT a use of force option for dispersing a riot? Use any degree 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 filled 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 the 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 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 a 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 any 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 [Show Less]
TCOLE Mission The mission of the Texas Commission on Law Enforcement, as a regulatory State agency, is to establish an enforce standards to ensure that th... [Show More] e people of Texas are served by highly trained and ethical law enforcement, corrections, and telecommunications personnel. TCOLE a state agency created by an act of the 59th Legislature—Senate Bill (SB) 236 which became effective on August 30, 1965. For a licensee with more than 180 days since their last appointment; what are the 3 things you need to obtain? -A new declaration of psychological and emotional health (L3 Form) -A new declaration of the lack of any drug dependency or illegal drug use (L2 Form) -New proof that the licensee has been fingerprinted and subjected to a search of local, state and U.S. national records and fingerprint files to disclose any criminal record (Fingerprints) How many days do you have to file a petition after receiving a Report of Seperation from your previous agency? must be received by the executive director not later than the 30th day after the person receives a copy of the report of separation In order for an individual to enroll in any basic licensing course the provider must have on file documentation that the individual meets eligibility for licensure and: (1) a high school diploma; (2) a high school equivalency certificate; or (3) for the basic peace officer training course, an honorable discharge from the armed forces of the United States after at least 24 months of active duty service An agency must retain records required under subsection (c) of this section for a minimum of ____ years after the licensee's termination date with that agency. The records must be maintained in a format readily accessible to the commission. 5 L1 Form statement of appointment L2 Form declaration of the lack of any drug dependency or illegal drug use L3 Form declaration of psychological and emotional health F5 Form separation report F5R (return) Form must complete for current licensee's employment history when seeking employment with another LE agency How long is each Training Unit? 2 years Peace officers shall complete at least __________ of continuing education, to include the corresponding legislative update for that unit 40 Hours How Long is each Training Cycle? 4 Years Peace officers who have not yet reached intermediate proficiency certification need to complete what courses? -Cultural Diversity (3939) -Special Investigative Topics (3232) -Crisis Intervention (3843) -De-escalation (1849) What miscellaneous training do peace officers need to have completed within 2 years of being licensed? -Human Trafficking (3270) -Canine Encounters (4065) -Deaf and Hard of Hearing Drivers (7887) -Civilian Interaction Training Program (CITP) -40 hour Crisis Intervention Training Which type of weapon requires a minimum of 50 rounds, fired at ranges from point-blank to at least 15 yards with at least 20 rounds at or beyond seven yards, including at least one timed reload Handguns Which type of weapon requires a minimum of five rounds of ammunition fired at a range of at least 15 yards Shotguns Which type of weapon requires a minimum of 20 rounds of ammunition fired at a range of at least 100 yards; however, an agency may, in its discretion, allow a range of less than 100 yards but not less than 50 yards if the minimum passing percentage is raised to 90 Precision Rifles Which type of weapon requires a minimum of 30 rounds of ammunition fired at a range of at least 50 yards, including at least one timed reload; however, an agency may, in its discretion, allow a range of less than 50 yards but not less than 10 yards if the minimum passing percentage is raised to 90 Patrol Rifles Which type of weapon requires a minimum of 30 rounds of ammunition fired at ranges from seven to at least 10 yards, including at least one timed reload, with at least 25 rounds fired in full automatic (short bursts of two or three rounds), and at least five rounds fired semi-automatic, if possible with the weapon. Fully Automatic Weapons What is the minimum passing percentage for each firearm? 70 An eligible examinee will be allowed _____ attempts to pass the state examination 3 All attempts must be completed within ____ days from the completion date of the licensing course 180 If an individual is not licensed within __ years from the date of their successful completion of the licensing exam, the basic licensing course must be repeated. 2 The holder of a commission issued license or certificate can be sent notice of any hearing, or other action or matter before the commission at: (1) the address of the agency shown in commission records to have the holder under current or last appointment; (2) the address shown on the Texas driver's license record of the holder; (3) the last known address on record with the commission; or (4) any other address requested by the holder in a written request to the executive director. In order to preserve the right to a hearing as described under this subchapter, an answer must be filed not later than __ days after the date the respondent receives notice of the executive director's petition or notice of violation. Failure to file a timely answer may result in the issuance of a default order. 20 [Show Less]
Agencies are to require each peace officer to complete the current firearms proficiency requirments at least? Once a calendar year An agency must r... [Show More] etain files of application for licensing for a minimum of______ after the licensing teremination date with that agency? 5 year An agency that appoints an individual with less than 180 day break in service who already holds a valid, active license must notify the commission not later than___ days after the date of appointment? 30 The age requirement for a peace officer applicant is. 21 years of ago Any fee payment made to the commission shall be remitted by All of the above An applicant must be examined by a psychiatrist and physican within____ before the date of appointment by the ageny. 180 days An arrest, charge, or indictment for a criminal offense above the grade of class C misdemeanor, shall be reported to the commission within___. 30 days At least____ before final adoption, the commission will give notice of each preposed rule change 30 days At least once every____, a special meeting will be conducted to receive public comment on training and standards. 2 year A chief administrator shall not appoint or employ aperson as a telecommunicator unless the person currently holds a license; or Agrees to obtain a license before the first anniversory of the date of employment. The commission may deny an application for any license and may refuse to accept a report of appointment if Applicant has violated a TCOLE Rule The commission may deny an application for any license and may deny an application for any license if All the above The commission may deny an application for any license if. All the above Commission meeting are conducted_________. Every 3 months Commission rules are divided into sections that group similar_______ togerther. Topics Commission rules are published in the ____ as they are proposed and adopted. Texas Register The commission shall revoke any license of an individual convicted of a felony immediately upon receipt of______. Court's Judgement Completion of the most current State and Federal Update Course is required during each_____. 24 month unit a continuing education course is any training course that is. Recognized by the commission taken post licensure Copies of the Commission rules can be found____. On the TCLEOSE website Documentation proving eligibility for licensing on the date of initial appointment shall be kept In the appointing agency's file During a 4 year cycle, those holding a basic peace officer certificate or no certifcation are required to complete. Cultural Diversity, Special investigative Topics, and Crisis intervention Training. During a 4 year cycle, those holding an intermediate or higher certificate are required to complete. No specific courses except State and Federal Update Course. Examinees are allowed______ exam attempts within ___ days 3----- 180 Failing to complete the legislatively mandated continuing education for the first time will result in a_____ license suspension. 90 days The following criteria must be met to qualify for a peace officer license. Has Completed a TCIC/NCIC background check The following must report the arrest of a licensee above a class C misdemeanor? All the above How long is your pass grade valid to be licensed as Texas Pesce Officer? 2 year from the date of exam If a license is charged with the commission of a felony, adjudicating is deferred, and the licensee is placed on community supervision, the commission shall immediately suspend any license held for a period of___ years. 30 If the appointment is made after 180 day break in service, the agency must have on file____. A new declaration of psychological and physical health Individuals appointed as peace officers shall complete at least____ hours of continuing education every___ months of a training unit. 40 hours & 2 years [Show Less]
Attitude A mental position based on a person's knowledge, feelings, and experiences about someone or something influencing him/her to behave in a certain ... [Show More] way in regard to that person or thing. Can change based on life experiences. Race Generally regers to groups of people with common ancestry and physical characteristics. 00:49 01:18 Ethnicity Shared culture or background. Ethnocentrism The act of regarding one's culture as the "center of the universe", and hence as the basis for all comparisons with other cultures. Prejudice An adverse judgment or opinion formed beforehand or without knowledge of or examination of the facts; ie, bias. Culture A way of thinking and acting based on tradition; ie, learned behavior passed down from one generation to another. Discrimination Acting on the basis of prejudice. universal ill Prejudice is a __________. Functions of Prejudice - Ethnocentrism - Stereotyping - Scapegoating - Projection - Authoritarianism - Societal Strain Four Feelings/Attitudes by Prejudice Persons - Feeling superior - Others are strange/different - Proprietary claims - Fear Forms and Targets of Prejudice - Racial - Ethnic - Gender - National Origin - Political Affiliation - Authority figures - Sexual orientation - Differently abled - Religion - Age - Economic/Occupation - Weight rights and dignities Every individual is entitled to equal __________ and __________. They are entitled to them by virtue of being human. 00:32 01:18 different The right to be free implies the right to be __________. Shared common needs - Social needs - Health - Employment - Shelter - Food - Positive self-image Democracy __________ cannot work for some unless it works for all. Functions of Discrimination - Reinforce prejudice concerning group's alleged inferiority - Limits other groups' effectiveness in business, education and politics - Avenue to economic exploitation of the group bias or prejudice No person be treated unfairly, unjustly, or with __________ or __________. impartial The law must be __________ whether the law is confronting a citizen or standing between two citizens who are confronting each other. impartiality Officers often work alone and make decisions demanding __________ on their part with no one present to witness fairness. temptations __________ by citizens for POs to be partial can be overwhelming and acceptance of them can go virtually undetected by higher authority. - maintenance of order - crime prevention - public relations Deviations from fair and equal treatment can often be easily excused for __________, __________, and __________. peace officers The impression by most people of the impartiality of the law and fairness of CJ may well come from the treatment received in their contacts with __________. enforcement action __________ should have it's intensity based on the nature of the situation and severity of the offense. participate POs should __________ in the processes of justice such as charging and testifying, in ways that do not favor one individual or one group over any others, based on factors other than relating to the crime. preferential treatment All personnel of CJ agencies are equally subject to the law and will not be given __________ if they become subject to CJ procedures. - govern - governed The delicate balance which the law provides and protects between those who __________ and those who are __________ must be preserved if democracy is to survive reduction of crime One goal of society and CJ is the __________. fundamental requirement Impartiality is a __________ made of all peace officers. Skills that should be used - Gather knowledge and info about persons - Be non-judgmental - Tolerate ambiguity in messages, approaches different than yours, and differences in general - Show warmth - Be willing to communicate Adverse consequences of Insensitivity - Hurt feelings - Anger - Loss of personal and pro respect - Ineffective performances - Behavior [Show Less]
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