TCOLE Complete Test Guide | Complete Test Bank Over 1300 Questions and Correct Answers 2023/2024. Verified Solution
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TCOLE
TCOLE Complete Test Guide | Complete Test Bank Over 1300 Questions and Correct Answers 2023/2024. Verified Solution
The prosecuting attorney must negate the existence of an ____________ in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or...
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TCOLE Complete Test Guide | Complete Test Bank
Over 1300 Questions and Correct Answers 2023/2024.
Verified Solution
The prosecuting attorney must negate the existence of an ____________ in the
accusation charging commission of the offense and prove beyond a reasonable
doubt that the defendant or defendant's conduct does not fall within the
______________. (SAME ANSWER FOR BOTH BLANKS)
Exception
A hunch or the feeling of intuition. Although intuitively knowing something is
undoubtedly a skill that serves law enforcement officers well, ____________ is
insufficient proof of any fact in a court of law.
Mere suspicion
A temporary detention can only be made when the peace officer has, at the
minimum, reasonable suspicion ______________ is afoot.
criminal activity
TRUE OR FALSE: Elements required for temporary detention include all of the
following: Reasonable suspicion by a peace officer that some activity out of the
ordinary is or has taken place / Some indication to connect the person, to be
detained, with the suspicious activity / Some indication the suspicious activity is
related to a specific offense.
True
A person cannot be required to identify himself when detained, even when a
detention is lawful. You may orally command the person to remain for a
reasonable length of time that can be satisfactorily accounted for, while
______________ involved in the investigation at hand.
actively
Detentions must be ended when suspicion is ___________ (including ending a
detention when officer has further questions if those questions do not amount to
reasonable suspicion).
dispelled
By "_____________" is meant the kind of control which one person exercises
over another, not to confine him within certain limits, but to subject him to the
general authority and power of the person claiming such right.
restraint
Art. 15.03 of the CCP allows that a magistrate may issue a warrant of arrest or a
__________.
summons
A warrant of arrest, issued by any county or district clerk, or by any magistrate
(except ___________ of an incorporated city or town), shall extend to any part of
the State; and any peace officer to whom said warrant is directed, or into whose
hands the same has been transferred, shall be authorized to execute the same in
any county in this State.
mayors
,Related to Art. 15.17, Duties of Arresting Officer & Magistrate, the person making
the arrest or the person having custody of the person arrested shall without
unnecessary delay, but not later than ___hours after the person is arrested, take
the person arrested or have him taken before some magistrate of the county
where the accused was arrested or, to provide more expeditiously to the person
arrested the warnings described by this article, before a magistrate in any other
county of this state.
48
If the arrested person fails or refuses to give bail, as provided in Article 15.18, the
arrested person shall be committed to the jail of the county where the person was
____________.
Arrested
According to CCP Article 15.22, a person is arrested when he has been actually
placed under restraint or taken into ____________ by an officer or person
executing a warrant of arrest, or by an officer or person arresting without a
warrant.
custody
An arrest may be made:
on any day or at any time of the day or night.
According to CCP Article 15.24, in making an arrest, all reasonable means are
permitted to be used to effect it. No greater force, however, shall be resorted to
than is __________ to secure the arrest and detention of the accused.
necessary
Art. 15.25. MAY BREAK DOOR. In case of ________, the officer may break down
the door of any house for the purpose of making an arrest, if he be refused
admittance after giving notice of his authority and purpose.
felony
Art. 15.26. AUTHORITY TO ARREST MUST BE MADE KNOWN. In executing a
warrant of arrest, it shall always be made known to the accused under what
__________ the arrest is made.
authority
Art. 15.26. AUTHORITY TO ARREST MUST BE MADE KNOWN. The warrant shall
be executed by the _________of the defendant.
arrest
Art. 15.26. AUTHORITY TO ARREST MUST BE MADE KNOWN. The officer
____________have the warrant in his possession at the time of the arrest,
provided the warrant was issued under the provisions of this Code, but upon
request he shall show the warrant to the defendant as soon as possible.
need not
Art. 15.27. NOTIFICATION TO SCHOOLS REQUIRED. (a) A law enforcement
agency that arrests any person or refers a child to the office or official designated
by the juvenile board who the agency believes is enrolled as a student in a
______________ primary or secondary school, for an offense listed in Subsection
(h), shall attempt to ascertain whether the person is so enrolled.
public
,Art. 15.27. NOTIFICATION TO SCHOOLS REQUIRED. If the law enforcement
agency ascertains that the individual is enrolled as a student in a public primary
or secondary school, the head of the agency or a person designated by the head
of the agency shall orally notify the superintendent or a person designated by the
superintendent in the school district in which the student is enrolled of that arrest
or referral within ___hours.
24
To be a "_______________" the act complained of must be one which disturbs, or
threatens to disturb, the tranquility enjoyed by citizens.
breach of the peace
Art. 14.03. AUTHORITY OF PEACE OFFICERS. (a) Any peace officer may arrest,
without warrant: (1) persons found in suspicious places and under circumstances
which reasonably show that such persons have been guilty of some _______,
violation of Title 9, Chapter 42, Penal Code[1], breach of the peace, or offense
under Section 49.02, Penal Code[2], or threaten, or are about to commit some
offense against the laws.
felony
Art. 14.03. AUTHORITY OF PEACE OFFICERS. (a) Any peace officer may arrest,
without warrant: (2) persons who the peace officer has probable cause to believe
have committed an assault resulting in bodily injury to another person and the
peace officer has _______________ to believe that there is danger of further
bodily injury to that person;
probable cause
Art. 14.03. AUTHORITY OF PEACE OFFICERS. (a) Any peace officer may arrest,
without warrant:(3) persons who the peace officer has _______________ to
believe have committed an offense defined by Section 25.07[1], Penal Code, if the
offense is not committed in the presence of the peace officer.
probable cause
Art. 14.03. AUTHORITY OF PEACE OFFICERS. (a) Any peace officer may arrest,
without warrant: (4) persons who the peace officer has probable cause to believe
have committed an offense involving _______________;
family violence
A person may not use force to resist an arrest or search that he knows is being
made by a peace officer unless:
Before the person offers any resistance the peace officers uses or attempts to use
greater force than is necessary.
Strength or energy brought to bear, cause of motion or change, active power;
moral or mental strength; capacity to persuade or convince.
Force
Deadly force is defined as force that is intended or known by the actor to cause,
or in the manner of its use or intended use is capable of causing, __ or serious
bodily injury.
Death
Reasonable or necessary force is the amount of lawful physical coercion
sufficient to achieve a legitimate law enforcement objective and is ______under
, the facts, circumstances and alternatives confronting an officer at the time
actions are taken.
Objectively reasonable
In applying a use of force, excessive control results when the level of force is
_____ greater than the subject's level of resistance causing preventable injury.
Unreasonably
In relation to procedures followed after officer-involved shootings, the case
_________ ruled that evidence gathered from an employee under threat of
dismissal is not admissible in a criminal trial.
Garrity v. New Jersey
In relation to factors the courts use to determine if unreasonable force was used
in a case, the ____ Amendment limits the level of force that may be used to _____
force.
Fourth / Reasonable
Force that is intended or known by the actor to cause, or in the manner of its use
or intended use is capable of causing, death or serious bodily injury.
Deadly force
This 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.
Confinement
This is justified when the use of force is justified by PC Chapter 9.
The threat of force.
Regarding the Public Duty section in the Penal Code, if deadly force is justified...
There is no duty to retreat before using it.
Only about __ of contacts require physical force.
3%
Merely waiting for the opportunity to speak as soon as someone finishes talking.
Improper listening
Federal civil rights complaints are investigated by
The FBI
This case deals with whether the officers' actions are objectively reasonable in
light of the facts and circumstances confronting them at the time, without regard
to their underlying intent or motivation?
Graham v. Connor
Conduct is justified if: (1) the actor reasonably believes the conduct is
immediately necessary to avoid imminent harm is the definition of?
Necessity
Power, violence or pressure directed against a person or thing:
Force
How many headlamps are required on a motor vehicle?
2
What's the maximum number of headlamps, over 300 candlepower, allowed on a
motor vehicle?
4
What is the height requirement for headlamps on a motor vehicle?
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