If an officer learns of a threat to commit an offense, what is her duty?

Use whatever force necessary to prevent the threatened harm

When may a peace officer arrest a person without a warrant?

When they witness an offense committed in their presence

WHAT PART OF A VEHICLE CAN YOU LAWFULLY FRISK

ONLY THE AREA THAT IS WITHIN REACH OF THE SUBJECT

A persons signature on a traffic ticket is:

Only a promise to appear in court

IF A PERSON IS OBVIOUSLY INTOXICATED:

DO NOT GIVE TEST, WHICH COULD RESULT IN INJURY

How many days does a LEO have to execute a regular search warrant?

3 days, not including the day issued and executed.

under 546.005, duty of care, this chapter does not relieve the operator of an emergency vehicle

duty to operate the vehicle with appropriate regard for all

The statute of limutations for Sexual Performance by a child is:

20 Years from the child's 18th birthday

IS ALWAYS OPEN TO POLICE TO SEARCH AS EVIDENCE

DELINQUIENT CONDUCT IS CONDUCT THAT VIOLATES A PENAL LAW OF THIS STATE PUNISHABLE BY?

IMPRISONMENT OR BY CONFINEMENT IN JAIL

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MCCLEA PART 1

130 termsStudBud Administration223 plays

assist study for state tcole exam

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Questions 130

Answers

1
Which of the following has jurisdiction of misdemeanors?
Justice Courts
All of the above
County Courts at Law
District Courts
2
WHICH OF THE FOLLOWING WOULD BE AN EXAMPLE OF DELINQUENT CONDUCT?
RUNNING AWAY
DISOBYING A LAWFUL COURT ORDER
ROBBERY
A AND B
3
Border patrol can detain a person for DWI if they have PC and the premises of port facility
False
True
4
When will a MISD case be heard by district court?
the MISD involves official misconduct
The defendant reqs a transfer to district court
the defendant plead not guilty & county is not licensed atty
A and B only
5
If an officer learns of a threat to commit an offense, what is her duty?
Call the magistrate
Wait for the action, then arrest the person for the offense
Incapacitate the person making the threat
Use whatever force necessary to prevent the threatened harm
6
A subpeona duces tecum is a subpoena for documents, stuff, in the possession of person served.
True
False
7
WHICH OF THE FOLLOWING IS ONE OF THE VALIDATED CLUES OF THE WALK AND TURN TEST:
PUTTING FOOT DOWN
STARTING TOO SOON
FAILING TO COUNT STEPS OUT LOUD
HOPPING
8
APPROXIMATELY HOW LONG HAVE COURTS STATED A TERRY STOP CAN TAKE?
30-45 MINUTES
NO LONGER THAN 1 HOUR
20-30 MINUTES
10-15 MINUTES
9
Bail is another tool to punish a defendant
True
False
10
When may a peace officer arrest a person without a warrant?
When they witness an offense committed in their presence
Never
Whenever an informant reports a crime
Whenever they feel like it
11
Which of the following are peace officers in texas?
Constables
County Park Ranger
A and B only
The lawyers employed by DPS
12
SUNRISE IS AT 0630, YOU INVESTIGATE A CRASH AT 0530. ACCORDING TO TC THIS CRASH OCCURED DURING
DUSK
DAWN
NIGHTTIME
DAYTIME
13
WHAT PART OF A VEHICLE CAN YOU LAWFULLY FRISK
THE WHOLE VEHICLE
ONLY THE PERSON IN THE CAR CAN BE FRISKED NOT THE CAR
ONLY THE AREA THAT IS WITHIN REACH OF THE SUBJECT
ONLY THE AREA WITHIN REACH INCLUDING A LOCKED GLOVE BOX
14
A court that only has "appellate jurisdiction" conducts trials by jury.
True
False
15
Which of these peace officers have state wide jurisdiction?
County Sheriffs
DPS Troopers
Campus Po Po
PD
16
A persons signature on a traffic ticket is:
Only a promise to appear in court
A plea of guilt
A plea of no contest in court
Acknowledgement of culpability to the offense
17
Speedy Magistration Rule allows a person arrested w/o warrant to be Magistrated in any county
False
True
18
IF A PERSON IS OBVIOUSLY INTOXICATED:
GIVE ONLY THE TEST THEY WANT TO DO
DO NOT GIVE TEST, WHICH COULD RESULT IN INJURY
DO NOT GIVE ANY FIELD SOBRIETY TEST
GIVE ONLY BREATH ANALYSIS TEST
19
When setting bail, the magistrate shall consider the safety of the victim.
True
False
20
Which of the following are magistrates?
All of the above
Justices of the Peace
Mayors
District Judges
21
The official LE action referred to in a Racial Profiling Law includes:
Serving a subpoena
All of the above
Conducting a traffic stop
22
When may an officer move a body that is subject to an inquest?
Then the LEO first finds the body
When there is an emergency necessitating the move
When the JP has given permission
A and B only
23
How many days does a LEO have to execute a regular search warrant?
3 days, not including the day issued and executed.
3 days only
5 days
1 day
24
Peace officers must protect potential victims when investigating family violence.
False
True
25
ratification of the constitution, with the BILL OF RIGHTS attached, was finally completed on?
SEPTEMBER 12, 1812
DECEMBER 15, 1791
JANUARY 5, 1777
JULY 4, 1802
26
If you fail to pay your fine, the Judge may issue _______.
An attachment
A supoena
A commitment order
A capias pro fine
27
THE PRIMARY PURPOSE OF THE JUVENILE JUSTICE CODE IS TO PROVIDE FOR THE PROTECTION OF THE PUBLIC
TRUE
FALSE
28
If a person makes bond, they must always be released
True
False
29
under 546.005, duty of care, this chapter does not relieve the operator of an emergency vehicle
duty to operate the vehicle with appropriate regard for all
having an accident
duty to operate the vehicle without regard for safety of all
the consequences for the safety of others
30
What type of charging instrument is issued by a Grand Jury?
A credit card
An information
A complaint
An indictment
31
What is not a duty of a peace officer?
Protect any potential victims
Mediate the conflict
Enforce the law
Make a lawful arrest of violators
32
Which condition may a LEO be allowed to have a veh removed t othe nearest storage garage?
Finds an unattended veh on a bridge
Veh is illegally parked to block an entrance to a private rd
LEO has reasonable grounds that the veh has been abandoned
All of the above
33
SHOPLIFTERS MAY BE ARRESTED
ONLY BY SECURITY GUARDS
BY ALL OF THE ABOVE
ONLY BY STORE EMPLOYEES
ONLY BY POLICE OFFICERS
34
If you commit an offense of sexual nature you will probably have to register as a sex offender.
False
True
35
The statute of limitations for Indecency with a child is:
20 years from the child's 18th birthday
No limitations
10 years
5 years from the child's 18th birthday
36
AUTHORIZED EMERGENCY VEHICLE INCLUDES A PRIATE VEHICLE OF A ___ RESPONDING TO AN EMERGENCY
NONE OF THE ABOVE
VOLUNTEER FIREFIGHTER
PUBLIC WORKS EMPLOYEE
POLICE OFFICER
37
The court of Criminal Appeals is the highest criminal court in TX.
True
False
38
The statute of limutations for Sexual Performance by a child is:
No Limitations
10 Years
20 Years from the child's 18th birthday
5 Years
39
The Waco Mayor issues a warrant of arrest. According to Art. 15.07 this warrant may be served:
In McLennan County only
In the city of Waco only
Cannot be served since mayors cannot issue warrants
In McLennan County and those immediately adjacent to it.
40
How long must a subject be timed for during the ONE LEG STAND?
25 sec
60 sec
30 sec
45 sec
41
_ MEANS A DIVIDED, CONTROLLED-ACCESS HIGHWAY FOR THROUGH TRAFFIC.
STREET
FREEWAY
HIGHWAY
ROADWAY
42
ABANDONED PROPERTY
CAN BE HELD AS EVIDENCE ONLY IF IT'S CONTRABAND
IS NEVER ADMISSIBLE IN COURT
CAN BE HELD AS EVIDENCE ONLY IF DIRECTLY CONNECTED TO ACRIME
IS ALWAYS OPEN TO POLICE TO SEARCH AS EVIDENCE
43
"Contraband" as defined by the forfeiture law is anything used to commit any crime.
True
False
44
The statute of limitations for a MISD is how long?
3 years
2 years
1 year
None of the above
45
Which of the following are basic rights enumerated in the CCP?
Right to bail
A and B only
Right to counsel
Due process of law
46
A school crossing guard is at least ____ years of age.
17
65 or older
18
21
47
The junction of a/an ___ and a highway is not considered an "intersection".
Highway
Alley
Road
Street
48
Failure to register as a sex offender is a FELONY Offense.
True
False
49
The right to a jury may be waived for all cases
False
True
50
A 15 yoa front seat passenger not wearing a seat belt can be issued a citation.
True
False
51
DELINQUIENT CONDUCT IS CONDUCT THAT VIOLATES A PENAL LAW OF THIS STATE PUNISHABLE BY?
NEITHER
FINE ONLY
BOTH
IMPRISONMENT OR BY CONFINEMENT IN JAIL
52
If a LEO receives a Capias and is not able to execute it, does the capias lose its force?
Yes
No
53
A peace officer may enter a resd. Without a warrant if the resd. Is not home to object.
True
False
54
Which would not be a peace officer define by Art 2, CCP.
Adjunct Police Officer
Inspectors of the USPS
Rangers & Officers of the Dept of Public Safety
Officers Commissioned by the governing board of Metropolitan
55
An indictment is issued by a judge.
False
True
56
_ MEANS A MANUAL, ELECTRIC, OR MECHANICAL DEVICE THAT ALTERNATELY DIRECTS TRAFFIC TO STOP & GO
TRAFFIC-CONTROL DEVICE
TRAFFIC-CONTROL SIGNAL
RAILROAD SIGNAL
RAILROAD SIGN
57
A FRISK IS BEST DESCRIBED AS
SEARCH OF ONLY THE PERSON
ALL OF THE ABOVE
LIMITED PAT DOWN OF OUTER GARMENTS
A LEGAL EXPLORATORY SEARCH
58
UNDER TC 541.301, ___ ARE CONSIDERED "TRAFFIC".
CAPTURED ANIMALS
DOMESTIC ANIMALS
RIDDEN ANIMALS
WILD ANIMALS
59
Amendment VIII of the US Constitution states: __ bail shall not be required, nor imposed.
repressive
reasonable
excessive
expensive
60
Two months after the inquest, new evidence is learned. Can the JP reopen the case?
Yes
No
None of the above
Who cares? (YOU BETTER)
61
For which may a search warrant be issued?
Obscene material
Prohibited weapons and prohibited drugs
Property obtained through theft
All of the above
62
Refusal to obey a subpoena is punishable by indefinite incarceration.
True
False
63
A magistrate will issue a search warrant if she believes that reasonable suspicion exists.
True
False
64
AN OFFICER MUST DEVELOP _ TO ARREST A DRIVER FOR OPERATING A VEHICLE WHILE INTOXICATED
TEMPORARY DETENTION
ALCOHOL POSSESSION
REASONABLE SUSPICION
PROBABLCE CAUSE
65
What must an indictment contain to be proper?
The time and place of the trial
None of the above
The name of the accused or an accurate description
The signature of the DA
66
County, District, and Probate courts all have Criminal Jurisdiction.
False
True
67
UNDER 52.025 A CHILD MAY NOT BE DETAINED IN A JUVENILE PROCESSING OFFICER FOR LONGER THAN
10 HRS
12 HRS
8 HRS
6 HRS
68
A victim of Sex Asslt can now get a protective order against the alleged perp of asslt.
False
True
69
What is the statute of limitations of Sex ASSLT of an Adult with DNA?
10 years
No Limitation
2 years
5 years
70
"PARENT" __ INCLUDE A PARENT WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED
DOES NOT
SHALL
MAY
CAN
71
When checking for distinct and sustained nystagmus at maximum deviation, the eye is held for?
2 seconds
8 seconds
4 seconds
6 seconds
72
WHAT QUESTION SHOULD YOU ASK ABOUT SEARCHES UNDER PLAIN VIEW
ALL OF THE ABOVE
ARE YOU LAWFULLY THERE
CAN IT BE LAWFULLY SEIZED
IS IT IMMEDIATELY APPARENT
73
Racial Profiling is when you take official LE action against a person because of:
Their sex
Both A and B
Their race
74
DPS troopers, sheriffs, and PD can make state-wide arrests for all offenses including traffic.
False
True
75
The statute of limitations concerns:
The time within which you must make an arrest
The time within which you may appeal the sentence
The time within which you must formally file the charge
76
Inquests are conducted by the Texas Rangers
True
False
77
Which is not true, per CCP 8.04, Dispersing Riot?
They may be dispersed by arresting the persons engaged
The arrest to disperse may be made with or without a warrant
They may only be dispersed by commanding them to do so
None of the above
78
According to AMENDMENT VI of the US Constitution, the accused may have the following:
their legal fees paid by the state
their parents represent them in court
assistance of counsel for his defense
assistance of the police to prepare their case
79
what is an attachment?
a writ ordering a peace officer to take a witness to court
a motion to have a jury in an inquest
a lien on real property
a writ requires the state to show why they are holding subj
80
WHAT IS THE LANDMAR FEDERAL CASE ON STOP AND FRISK
TERRY VS. ARIZONA
MIRANDA VS. ARIZONA
TERRY VS. OHIO
MAPP VS. OHIO
81
What is a "trial de novo"?
A trial held in Latin court
An appeal from justice or municipal court
None of the above
A trial by a latin court
82
what clues are in the HORIZONTAL GAZE NYSTAGMUS?
DISTINCT AND SUSTAINED NYSTAGMUS AT MINIMUM DEVIATION
LACK OF SMOOTH PURSUIT
ALL OF THE ABOVE
ONSET NYSTAGMUS PRIOR TO 40 DEGREES
83
The Transporation code always gives the right of way to any vehicle
False
True
84
How may a subpoena be served?
Delivery a copy
A and B only
Read it to the witness
Mail a copy (regular mail)
85
A peace Ofcr that responds to or investigates a family vio Incident shall make a written report
False
True
86
Who may file an information?
Neither
The DA
Both
The Court Attorney
87
What are the steps in suppressing a riot?
Arrest the leader of the riot, order the rest to leave
order people to disperse, make arrests, call citizens to aid
Call the military, disperse the crowd
Call the sheriff! He is the conservator of peace
88
Justice (JP) Courts can only hear fine only misdemeanors
False
True
89
An information is issued by a judge
False
True
90
A "CHILD" MEANS A PERSON WHO IS __ YEARS OF AGE OR OLDER AND UNDER __ YEARS OF AGE.
9 & 18
10 & 18
10 & 17
12 & 17
91
BOTH SEARCH AND ARREST WARRANTS MUST BE BASED ON
PROBABLE CAUSE
THE ELEMENTS OF THE CASE
REASONABLE SUSPICION
THE OFFICERS EXPERTISE
92
A traffic offense punished by fine and is held in Justice Court uses what charging instrument?
Information, if the driver has waived rights to indictment
A complaint
an indictment
None of the above
93
What is the only type of court in TX to have both Original Jurisdiction and Appellate Jurisdict
Municipal Courts
Justice Courts
County Courts
Courts of Appeals
94
THE STANDARDIZED FIELD SOBRIETY TEST CONSIST OF ___
HORIZONTAL GAZE NYSTAGMUS
WALK AND TURN
BOTH A & B INCLUDING ONE LEG STAND
ONE HAND STAND
95
You have arrested a juvenile for an offense requiring notification to public school, you give:
Go call the kids teacher
Oral notice within 24 hours
Written notice within 7 days
A and B only
96
A peace officer has 5 days to execute a search warrant.
False
True
97
AT THE MOMENT OF _____ PROBABLE CAUSE CEASES TO BUILD
TRAFFIC STOP INITIATION
ARREST
A CASUAL ENCOUNTER
98
If there is a conviction in Justice Court And the driver appeals, what court hears the appeal?
County Court
Court of Appeals
All of the above can hear the appeal
Supreme Court
99
An indictment reveals a person caused the death of another through illegal means, the judge:
Issues an attachment
File a write of habeas corpus
Issues an arrest warrant for that person
Files a commitment order
100
HSC 365.011(5) "DUMP" means throw, chunk, place or "get rid of" litter on or into land/water.
True
False
101
The statue of Limitiations for Sex ASSLT of a child is:
Ten Years
20 Years from the adults 21's Birthday
Five Years
No Limitiations
102
HABITUAL FELONY CONDUCT IS CONDUCT VIOLATING A PENAL LAW OF THE GRADE OF FELONY,
OTHER THAN A STATE JAIL MISDEMEANOR
INCLUDING SOME STATE JAIL FELONIES
INCLUDING A STATE JAIL FELONY
OTHER THAN A STATE JAIL FELONY
103
Per CCP, who c an call the state militia in suppressing a riot?
All of the above
The Chief of Police
The Sheriff
The Governor
104
Which are basic rights enumerated in the code?
None of the above
Liberty of speech and press
Corruption of blood
Right to jury
105
One objective of CCP is to prevent crime
False
True
106
In which of the following situations, can you get an attorney appointed to represent you?
None of them
You're Indigent and facing jail time as a possible sentence
Both of them
Your Indigent and interests Justice to appoint an attorney
107
Which of the courts have criminal Jurisdiction?
Justice of the peace Courts
All of the above
District Courts and Probate Courts
County Courts
108
FBI agents are automatically TX Peace officers and can arrest for any offense.
False
True
109
Which of the following are duties of peace officers?
Execute any habeas corpus
serve all subpoenas in the county
All of the above
Prevent crime
110
YOU CAN NEVER FINGERPRINT A JUVENILE
TRUE
FALSE
111
What type of punishments can be justice court order?
jail time
A and B
Fines
Community services
112
it is the duty of every Peace Officer, est by Art 2.13 of the CCP, to:
Preserve the Peace within his jurisdiction
Enforce the traffic code
Arrest all criminal offenders
Enforce all laws of the nation & state of texas
113
A PERSON IS ARRESTED WHEN HE HAS BEEN
READ HIS MIRANDA WARNING
HANDCUFFED
ACTUALLY PACED UNDER RESTRAINT OR TAKEN INTO CUSTODY
STOPPED BY A PEACE OFFICER
114
The Statute of limitations for all misd. Is 2 years
True
False
115
ILLINOIS VS. GATES ESTABLISHES GUIDELINES FOR:
THE "FRUITS OF THE POISONOUS TREE" DOCTRINE
A PROTECTIVE SWEEP
THE "ATTENUATION OF TAINT" DOCTRINE
THE "TOTATILITY OF THE CIRCUMSTANCES" TEST
116
how many total clues are in the ONE LEG STAND?
4
8
6
2
117
A magistrate can orally order you to make a felony arrest.
False
True
118
If you receive a capias what should you do?
Forward it to the sheriff of the county
Give it to the prosecuting attorney for her file
Arrest the person and take him before the judge
Appear in court at the time stated on the capias
119
a good structured field sobriety test is simple and __
focuses the subject's attention
divides the subjects attention
captures the subject's attention
interrupts the subjects attention
120
how may a subpoena be served?
read it to the witness?
both a and b
mail a copy ( regular mail)
deliver a copy
121
how many clues are in the walk and turn test?
8
4
6
2
122
YOU CAN NEVER TAKE A JUVENILE TO AN ADULT JAIL
FALSE
TRUE
123
You cannot be arrested for PI in a bar.
False
True
124
What courts, besides JP, could hear a traffic offense?
Probate Court
County Court
District Court
Municipal Court
125
Transportation Code places responsibility on one vehicle to yield the right of way to another
True
False
126
IN ALL CRIMINAL CASES THE ACCUSED SHALL ENJOY THE RIGHT TO A _________.
JUST TRIAL
FAIR TRIAL
SPEEDY AND PUBLIC TRIAL
QUICK
127
What is an attachment?
A writ for the state to show why someone is in custody
A motion to have a jury in an inquest
A lien on real property
A writ ordering a LEO to take witness to the court
128
NO PERSON EXCEPT A ___ CITIZEN SHALL BE ELIGIBLE TO THE OFFICE OF PRESIDENT.
PROPERTY OWNING
MALE
NATURALIZED
NATURAL BORN
129
If a defendant is convicted of capital murder and sentenced to death, the appeal goes to:
Court of Appeals
Texas Supreme Court
United States Supreme Court
Court of Criminal Appeals
130
Which court can hear the case of State v. Clamped for murders?
District Court
Probate Court
A and B only.
County Court

MCCLEA PART 1 Flashcards | StudBud