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Health/Safety and Asset Forfeiture Flashcards | StudBud
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Health/Safety and Asset Forfeiture
Health/Safety and Asset Forfeiture
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Answers
1
Defenses to Forfeiture- which listed below is a Statutory Defenses?
Innocent Owner Defense (Non-Consensual)
Acquired interest after forfeiture
Spousal defense
Private Property
2
Proceeds- income a person accused or convicted of a crime or the person's representative or assignee receives from?
tape recording
phonographic record
electronic media format
All of the above( Da Cruz)
3
A Dangerous Drug means a device or drug that is unsafe for self-medication and that is included in Schedules 1 through 4
False
True
4
Read Seizure and Destruction 483.074 Health and Safety Code. Pick true
False
True
5
Production includes the manufacturing, planting, cultivating, growing or harvesting of a controlled substances.
True
False
6
Defenses to Forfeiture- which listed below is a Non-Statutory Defenses
Acquired interest before forfeiture
Community Property
No spousal defense
Homestead protection not resolved in Texas
7
Forfeiture money can be used to purchase alcoholic beverages. T/F
True
False
8
What means to transfer actually or constructively to another a controlled substance ?
Drug Transaction
Distributor
Deliver
Dispense
9
What are typical characteristics of drug smugglers?
Empty suitcases/bags
Driver attempts to separate from the vehicle
All of the above and the side( Da Cruz)
Appears nervous upon contact with officer
10
A conviction cannot be had upon the testimony of an accomplice unless corroborated by other evidence to connect. T/F
True
False
11
After property is seized how long until the property must be placed under seal?
No later than 12 hours
No later than 48 hours
No later than 72 hours
No later than 24 hours
12
Possession means actual care, custody, control or management.
False
True
13
Manufacturing or Delivery for subs in Penalty Group 1-What is Penalty for 200 or more grams but less than 400 grams?
1st degree felony
All the answers to the side and above are correct.
a Fine not to exceed $100,000
A prison sentence not more than 99 years but not less than 10 years
14
Trial is another consideration in forfeiture cases. T/F
True
False
15
WELCOME TO ASSET FORFEITURE. PICK TRUE
True
False
16
Which below is NOT on of the 6 major categories of Controlled Substances?
Marihuana
Hallucinogens
Simulated controlled substances
Marijuana
17
What are common places of concealment of controlled substances and dangerous drugs on or in places?
Bags
under or inside sinks and drains
Jewelry
Under or inside of dash
18
Which is NOT a listed factor contributing to probable cause?
Appearance of vehicle
Lack of registration and/or insurance
Lack of identification/incorrect identification
Stories given by suspects do match and make sense
19
Deliver is a term that includes offering to sell a controlled substance, counterfeit substance, or drug paraphernalia
False
True
20
Contraband-CCP 59.01 means property of any nature including real personal/tangible or intangible used in commission of?
Any first or second-degree felony under Penal Code
Only murder
only Capital Murder
Any Class C, B or A misdemeanors under Penal Code
21
The mental culpability state to commit Falsification of drug test results has to be intentional, knowingly or reckless.
False
True
22
Which is NOT a means of "Human Consumption"?
inhalation
injection
insertion
ingestion
23
Inconspicuous vehicles are to blend in and are cars for narcotics. True or False
False
True
24
A substance with a chemical structure substantially similar to the chemical structure of a controlled substance.
Drug
Controlled Substance
Controlled Substance Analogue
Commissioner
25
Which below is NOT on of the 6 major categories of Controlled Substances?
Depressants
Stimulants
Opiate
Narcotics
26
During pre-seizure planning we must know the property owner and if the property has liens and mortgages.
True
False
27
Manufacturing or Delivery for substances in Penalty Group 1-What is Penalty for 1 or more grams but less than 4 grams?
Second Degree Felony
1st Degree Felony
3rd Degree Felony
State Jail Felony
28
Manufacturing or Delivery for subs in Penalty Group 1-What is Penalty for 4 or more grams but less than 200 grams?
1st Degree Felony
3rd Degree Felony
State Jail Felony
Second Degree Felony
29
Dispense means to deliver a controlled other than by administering the substance.
True
False
30
Depositions are another considerations in forfeiture cases. T/F
True
False
31
What are common places of concealment of controlled substances and dangerous drugs on or in vehicles?
Furniture
A/C ducts or vents
Clothing
Waste baskets
32
According to the National Institute on Drug Abuse, what are the most commonly abused types of drugs ?
Adderall, Alcohol
Stimulants/cocaine, Marihuana/opioids, depressants
Stimulants/cocaine, Narcotic/opioid, Depressants
Marijuana
33
Who is NOT protected from prosecution for the offense Unlawful Delivery or Manufacture with Intent to deliver?
licensed medical practitioner, pharmacist or other person who can dispense
acting in the discharge of the person's official duties as a peace officer
making or delivering the substance to a licensed medical practitioner
The CIA conduction cyops
34
Distribute means a practitioner, institutional practitioner, pharmacist/pharmacy that dispenses controlled substances.
True
False
35
What means to directly apply a controlled substance by injection or other means to the body of a patient.
Administer
Distributor
Dispense
Delivery
36
What are common places of concealment of controlled substances and dangerous drugs on or in persons?
glove box
body cavities
headliner
toilet tanks
37
How long does a district attorney have to begin proceedings within how many days of your date of seizure?
no later than 5 business days
30 days
3 days
60 days
38
What are issues regarding pre-seizure planning?
Must know the property owner, Costs, Bank Accounts
Businesses, Equity over mortgage, Risks/Liabilities
All above and to the side are correct
Rented and owner’s consent to criminal activity
39
Date of seizure is a requirement that needs to be on an Affidavit.
False
True
40
What are common paraphernalia that may indicate substance usage?
Inhalation: bags, balloons/ Application: patches, drop, foam or gel pills
Ingestion: gelatin capsules, tablets
Injection: needles, syringes
All of the above and to the side(Da Cruz)
41
Welcome to Verbal Comms. Pick True
False
True
42
What substances are included in the definition of "Controlled Substance"?
Drug
Adulterant
Dilutant
All answers are correct
43
The 8th Amendment protects asset forfeiture from being oppressive.
False
True