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TCLEOSE Test Study
Example Test Questions 1-100
70
Law
Not Applicable
09/20/2010

Additional Law Flashcards

 


 

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Term

When notifying the commission of an arrest the licensee must including, _________________.

A. the name of the arresting agency
B. the style, court, and cause number of the charge or indictment, if any
C. the address to which notice of any commission action will be mailed.
D. all of the above
Definition
 D. all of the above
Term

A minimum standard for the annual firearms proficiency course of fire under Rule- 217.21 rifle qualifications shall include __________________________________.

A. a minimum of 20 rounds of duty ammunition fired at a range of at least 75 yards
B. a minimum of 25 rounds of duty ammunition fired at a range of at least 75 yards
C. a minimum of 20 rounds of duty ammunition fired at a range of at least 100 yards
D. a minimum of 25 rounds of duty ammunition fired at a range of at least 100 yards
Definition
C. a minimum of 20 rounds of duty ammunition fired at a range of at least 100 yards
Term

A minimum standard for the annual firearms proficiency course of fire under Rule- 217.21 fully automatic weapons shall include:

A. at least 5 rounds of duty ammunition
B. at least 10 rounds of duty ammunition
C. at least 25 rounds of duty ammunition
D. at least 30 rounds of duty ammunition
Definition
D. at least 30 rounds of duty ammunition
Term

The minimum standards for the annual firearms proficiency course of fire under Rule- 217.21 , fully automatic weapons, shall

A. include the wearing of hat for protection
B. include two magazine changes
C. include at least one timed reload
D. include at least two timed reloads
Definition
D. include at least two timed reloads
Term

The _________ was the nighttime system of policing .

A. Watch
B. Ward
C. City Marshal
D. Sheriff
Definition
A. Watch
Term

An order from the court directing the person responsible for holding an individual in jail or prison to bring that person before the court and show why he is being held in custody is called a:

A. Writ of Attainder
B. Writ of Custody
C. Writ of Mandamus
D. Writ of Habeas Corpus
Definition
D. Writ of Habeas Corpus
Term

The Fourth Amendment to the Constitution:

A. Establishes the separation of powers
B. Protects citizens from unreasonable searches and seizures
C. Protects citizens from being compelled to be witnesses against themselves
D. Provides for the Writ of Habeas Corpus
Definition
B. Protects citizens from unreasonable searches and seizures
Term

The Fifth Amendment to the Constitution provides which of the following protections: [3.1.1-D]

A. Freedom of the press
B. Probable cause for arrests
C. Right to a jury trial
D. Freedom from double jeopardy
Definition
D. Freedom from double jeopardy
Term

Which amendment to the constitution gives citizens the right to an attorney during criminal proceedings? (3.1.1-E)

A. Fourth Amendment
B. Fifth Amendment
C. Tenth Amendment
D. Sixth Amendment
Definition
D. Sixth Amendment
Term

A state government ________ the impact of any Supreme Court decision by passing it's own constitutional amendment doing away with the Supreme Courts decision.

A. may modify   
B. cannot lessen
C. can lessen
D. shall lessen
Definition
B. cannot lessen
Term

The Fourteenth Amendment to the Constitution guarantees:

A. freedom of the press
B. excessive bails
C. due process of law
D. probable cause
Definition
C. due process of law
Term

Article 3 of the Constitution is important because:

A. it establishes the procedure for the election of the President and Vice-President
B. it establishes our freedom of religion
C. it establishes the right to counsel for any person
D. it creates the Supreme Court of the U.S. and defines its jurisdiction
Definition
D. it creates the Supreme Court of the U.S. and defines its jurisdiction
Term

There is only one crime defined in the U.S. Constitution. What is it?

A. murder of the President
B. lying to Congress
C. treason
D. burning the Flag
Definition
C. treason
Term

Amendment 8 of the U.S. Constitution establishes:

A. the right to a speedy trial
B. right against self-incrimination
C. right against cruel or unusual punishment
D. freedom of the press
Definition
C. right against cruel or unusual punishment
Term

A Municipal Court is a function of the ______ component of the Criminal Justice System.

A. police
B. courts
C. correctional system
D. legislative
Definition
B. courts
Term

Which of the following is not a Peace Officer in Texas?

A. Marshalls of incorporated cities
B. Agents of the Alcoholic Beverage Commission
C. Municipal Park and Recreational Officers
D. Special Agents of the Bureau of Alcohol, Tobacco, and Firearms
Definition
D. Special Agents of the Bureau of Alcohol, Tobacco, and Firearms
Term

Which of the following would not be a peace officer as defined by Article 2, Code of Criminal Procedure?

A. Inspectors of the U.S. Postal Service
B. Adjunct Police Officers
C. Rangers and Officers of the Department of Public Safety
D. Officers commissioned by the governing board of a Metropolitan Rapid Transit Authority
Definition
A. Inspectors of the U.S. Postal Service
Term

Which of the following does not have jurisdiction in criminal actions.

A. County Courts at Law
B. Justice Courts
C. District Courts
D. the Texas Supreme Court
Definition
D. the Texas Supreme Court
Term

The _____________________ in each incorporated city or town shall have jurisdiction in cases involving Class "C" Misdemeanors.

A. Municipal Court
B. District Court
C. Justice Court
D. County Court
Definition
A. Municipal Court
Term

Which of the following is not correct about a search warrant?

A. May be issued to photograph a child who is alleged to be the victim of the offense of injury to a child as defined in the Penal Code
B. It may order an arrest
C. May be issued to search for and seize property acquired by theft or in any other manner which makes its acquisition a penal offense
D. All are correct statements about a search warrant
Definition
D. All are correct statements about a search warrant
Term

You have probable cause to believe that a well known bank robber has written plans to rob a bank in his diary. You may:

A. Seize the diary as this is an instrument of a crime
B. Obtain a search warrant based on his reputation and seize it
C. Search warrant requirements can be waived and the diary seized
D. No search warrant can be issued
E. Obtain a search warrant for contraband and seize the diary
Definition
D. No search warrant can be issued
Term

You have probable cause to believe that weapons prohibited by the Penal Code are kept in a file cabinet in the editors office of the local newspaper. You may:

A. Obtain a search warrant and seize the cabinet
B. Obtain a search warrant and arrest the editor
C. Obtain a search warrant and seize the weapons
D. No search warrant may be issued
Definition
C. Obtain a search warrant and seize the weapons
Term

You obtain a search warrant to search for and obtain photographs of an injured child. The child is not the same sex as you.

A. If the child is a female a woman must be present
B. The search warrant must be executed by an officer of the same sex as the child or the officer executing must be assisted by someone the same sex as the child
C. If the child is under 10 years of age it doesn't matter
D. If the child is under 6 years of age it doesn't matter
E. The search warrant will specify the sex of the person which may photograph the child
Definition
B. The search warrant must be executed by an officer of the same sex as the child or the officer executing must be assisted by someone the same sex as the child
Term

A search warrant for __________ may not be signed by a justice of the peace.

A. Drugs
B. Property constituting evidence
C. Illegal Weapons
D. Persons
Definition
B. Property constituting evidence
Term

A search warrant runs for:

A. 30 days
B. 5 days excluding the day it was issued
C. 3 days excluding the day it was issued and the day it is executed
D. There is no time limit
Definition
C. 3 days excluding the day it was issued and the day it is executed
Term

The limitation for presentation of an indictment or information for any misdemeanor is:

A. There is none
B. 3 years
C. 2 years
D. 5 years
Definition
C. 2 years
Term

A __________ is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense.

A. information
B. complaint
C. indictment
D. writ
Definition
C. indictment
Term

A __________ is the written statement filed and presented in behalf of the State by the district or county attorney charging the defendant with an offense which may by law be so prosecuted.

A. information
B. complaint
C. indictment
D. writ
Definition
A. information
Term

Which of the following is a true statement about arrest warrants:

A. A warrant may be telegraphed
B. No greater force than is necessary shall be resorted to secure the arrest of the accused
C. If the officer does not have the warrant of arrest in his possession at the time of arrest, he shall inform the defendant of the offense charged and the fact a warrant has been issued
D. All of the above are true statements
Definition
D. All of the above are true statements
Term

The _______________ is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.

A. Warrant of arrest
B. Probable cause waiver
C. Complaint
D. Indictment
E. Commitment
Definition
A. Warrant of arrest
Term

The affidavit made before the Magistrate, District Attorney, or County Attorney which alleges an offense is called:

A. A warrant of arrest
B. A probable cause waiver
C. A complaint
D. An indictment
Definition
C. A complaint
Term

When a warrant of arrest is issued by any mayor or recorder of an incorporated town or city, it usually can be executed:

A. Anywhere in the United States
B. Anywhere in Texas
C. In the county in which it was issued
D. In an adjacent county
E. Only at the location specified on the warrant      
Definition
C. In the county in which it was issued
Term

To arrest a defendant with an arrest warrant the officer must have the warrant in his possession.

A. True
B. False
Definition
B. False
Term

When the defendant is arrested at night, the Texas Code of Criminal Procedure requires that he be taken before a magistrate:

A. No sooner than daylight
B. Immediately
C. Without unnecessary delay
D. As soon as the magistrate's office is open
E. Whenever it is convenient for the officer to do so
Definition
C. Without unnecessary delay
Term

A Capias may be executed by any:

A. Reasonable person
B. Executor
C. Peace Officer
D. Person
Definition
C. Peace Officer
Term

A ____________ is a writ issued by the court or clerk, commanding any peace officer to arrest a person accused of an offense and bring him before that court immediately, or on a day and time stated in the writ.

A. Warrant
B. Capias
C. Complaint
D. Indictment
Definition
B. Capias
Term

A justice of the peace shall conduct an inquest into the death of a person who dies in the county served by the justice in each of the following cases EXCEPT :

A. The body of the person is found and the cause or circumstances of death are unknown
B. the person dies in a hospital or other institution and the attending physician is able to certify the cause of death
C. The person dies in prison or in jail
D. The person commits suicide or the circumstances of the death indicate that the death may have been caused by suicide
E. All of the above are correct answers
Definition
B. the person dies in a hospital or other institution and the attending physician is able to certify the cause of death
Term

Which of the following is NOT true regarding Art. 6.06 of the Code of Criminal Procedure, Prevention of Injury?

A. It is the peace officer's duty to prevent the commission of an offense against the person or property of another, including the person or property of the spouse
B. The peace officer may summon any number of citizens of his county to his aid
C. The peace officer may use only that force which is necessary to prevent the commission of the offense, and no greater
D. The officer need not protect the property of the spouse since this is community property
E. It is the peace officer's duty to prevent a person from injuring himself
Definition
D. The officer need not protect the property of the spouse since this is community property
Term

Unless specifically stated for the offense, generally speaking, you have _______ years from the date of commission to present a felony indictment.

A. 2
B. 3
C. 5
D. 10
Definition
B. 3
Term

For which of the following is there no time limit for presentation of an indictment?

A. Manslaughter
B. Burglary
C. Murder
D. Both murder and manslaughter have no time limit
Definition
D. Both murder and manslaughter have no time limit
Term

Which of the following statements is true concerning arrest without a warrant as outlined in the Code of Criminal Procedure?

A. a peace officer, or anyone, may, without a warrant, arrest an offender when they commit any offense within their view or presence
B. a peace officer may arrest, without warrant, a person who commits any offense within the presence or view of a magistrate and the magistrate orders the officer to arrest the offender
C. when it is shown by satisfactory proof that a person has committed a felony offense and that the offender is about to escape, so that there is no time to obtain a warrant, a peace officer may pursue and arrest the individual without a warrant
D. none of the above are true statements concerning arrest without warrant
Definition
C. when it is shown by satisfactory proof that a person has committed a felony offense and that the offender is about to escape, so that there is no time to obtain a warrant, a peace officer may pursue and arrest the individual without a warrant
Term

A peace officer may arrest, without warrant, for which of the following?

A. he has probable cause to believe that the individual has violated a Protective Order and it occurs in the officers presence
B. persons found in suspicious places under suspicious circumstances that indicate that individual has committed a felony offense
C. persons who the officer has probable cause to believe have committed an assault resulting in bodily injury to another and the peace officer has probable cause to believe that there is danger of further injury
D. all of the above are situations where a peace officer may arrest without a warrant
Definition
D. all of the above are situations where a peace officer may arrest without a warrant
Term

Which of the following would not be a reason for the issuance of subpoena?

A. to appear before a court to testify in a criminal action
B. to appear at a habeas corpus hearing
C. at an administrative hearing
D. to appear before a grand jury
Definition
C. at an administrative hearing
Term

A __________ may specify that, if a witness has in their possession, any instrument of writing or other thing desired as evidence, such evidence must be brought by the witness and produced in court.

A. writ
B. subpoena duces tecum
C. information
D. indictment
Definition
B. subpoena duces tecum
Term

A person may be fined up to $500 if they refuse to obey a subpoena in a __________ case.

A. misdemeanor
B. felony
C. civil
D. municipal court
Definition
B. felony
Term

Which of the following statements is not correct concerning section 8.04 of the Code of Criminal Procedure, Dispersing Riot?

A. it is the duty of every peace officer or magistrate to cause such persons assembled together in such a manner as to constitute a riot to disperse
B. they may only be dispersed by commanding them to do so
C. they may be dispersed by arresting the persons engaged
D. the arrest to disperse may be made with or without a warrant
Definition
B. they may only be dispersed by commanding them to do so
Term

Those authorized to aid a peace officer in suppressing a riot may use such measures as are necessary to suppress the riot, but are not authorized to use any greater degree of force than is requisite to accomplish that object.

A. true
B. false
Definition
A. true
Term

Which of the following is not a true statement concerning Article 1, General Provisions, of the Code of Criminal Procedure?

A. a defendant may, except for a capitol offense where the State intends to seek the death penalty, upon entering a plea may waive the right to a jury trial if the waiver is made in open court and in writing
B. all prisoners shall be bailable except for capitol offenses
C. no warrant to search shall be issued except on probable cause supported by oath or affirmation
D. the right to writ of habeas corpus shall not be suspended except in time of war
Definition
D. the right to writ of habeas corpus shall not be suspended except in time of war
Term

Which of the following would not be a Special Investigator as defined in the Code of Criminal Procedure?

A. Special Agent of the FBI
B. Inspector of the United States Postal Service
C. Railroad Peace Officers
D. Special Agents and Law Enforcement Officers of the U.S. Forest Service
Definition
C. Railroad Peace Officers
Term

Which of the following is a true statement concerning the official duties of a peace officer with regards to the prevention of family violence?

A. the duty is waived if their is a family or household relationship between the alleged violator and the victim
B. a peace officer need not give any written notice of a victim's legal rights
C. a peace officer that responds to or investigates a family violence incident shall make a written report
D. a peace officer must see a certified, original of a protective order to enforce it
Definition
C. a peace officer that responds to or investigates a family violence incident shall make a written report
Term

A ______ is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense.

A. information
B. complaint
C. indictment
D. writ
Definition
C. indictment
Term

A ______ is the written statement filed and presented in behalf of the State by the district or county attorney charging the defendant with an offense which may be law be so prosecuted.

A. information
B. complaint
C. indictment
D. writ
Definition
A. information
Term

Which of the following would not be a reason for the issuance of subpoena?

A. to appear before a court to testify in a criminal action
B. to appear at a habeas hearing
C. at an administrative hearing
D. to appear before a grand jury
Definition
C. at an administrative hearing
Term

A person may be fined up to $500 if they refuse to obey a subpoena in a ______ case.

A. misdemeanor
B. felony
C. civil
D. municipal court
Definition
B. felony
Term

Which of the following statements is correct concerning section 8.04 of the Code of Criminal Procedure, Dispersing Riot?

A. it is the duty of every peace officer or magistrate to cause such persons assembled together in such a manner as to constitute a riot to disperse
B. they may only be dispersed by commanding them to do so
C. they may only be dispersed by arresting the persons engaged
D. the arrest to disperse may be made only with a warrant
Definition
A. it is the duty of every peace officer or magistrate to cause such persons assembled together in such a manner as to constitute a riot to disperse
Term

Following an arrest, an officer may only search the area of the offenders home which:

A. is in the sight of the officer
B. under the immediate control of the suspect
C. was anywhere on the property of the suspect
D. all of the above
Definition
B. under the immediate control of the suspect
Term

When an officer makes an arrest, he may make a ________ of a person for ________.

A. weapons search/safety
B. full search/anything
C. inventory survey/evidence
D. pat down/elements of an offense
Definition
B. full search/anything
Term

A peace officer may arrest without warrant for __________ offense(s) committed in his presence or view.

A. felony
B. misdemeanor
C. any
D. civil
Definition
C. any
Term

Holding a person for a limited time, but who is not yet answerable to a criminal offense, is an example of:

A. probable cause
B. custody
C. stop & frisk
D. temporary detention
Definition
D. temporary detention
Term

The landmark federal case on stop & frisk was:

A. Miranda vs. Arizona
B. Riddick vs. New York
C. Terry vs. Ohio
D. Aguilar vs. Texas
Definition
C. Terry vs. Ohio
Term

Chimel vs. California involved searches of:

A. abandoned property
B. the arm's reach area near an arrestee
C. automobile glove compartments
D. frisks of suspicious persons
Definition
B. the arm's reach area near an arrestee
Term

Abandoned property:

A. can be held as evidence only if it's contraband
B. can be held as evidence only if directly connected to a crime
C. is always open to police as evidence
D. is never admissible in court
Definition
C. is always open to police as evidence
Term

Shoplifters may be arrested:

A. only by security guards
B. only by police officers
C. only by store employees
D. by any citizen
Definition
D. by any citizen
Term

A peace officer may arrest when one family member assaults another and:

A. probable cause exists to believe there will be further bodily injury
B. a warrant has been obtained
C. the family member refuses to get involved
D. there are children in the home
Definition
A. probable cause exists to believe there will be further bodily injury
Term

Persons found in suspicious places, and under circumstances which reasonably show that such persons have been guilty of some felony or breech of the peace; or threaten, or are about to commit some offense, may:

A. not be arrested without warrant
B. be arrested without a warrant
C. only be arrested with a warrant
D. only be detained for a short period of time
Definition
B. be arrested without a warrant
Term

Mapp vs. Ohio is the Supreme Court case that gave rise to:

A. the Exclusionary Rule
B. the Two-Prong Rule
C. the Wing-Span Rule
D. the Right to an Attorney during Questioning Rule
Definition
A. the Exclusionary Rule
Term

Generally speaking, a peace officer can not arrest, without warrant, a:

A. person believed to have committed a misdemeanor offense outside the view of the officer
B. person believed to have committed an assault resulting in bodily injury to another, and there is danger of further violence
C. person believed to have committed the offense of "Violation of Court Order"
D. person believed to have committed a felony offense outside the view of the officer
Definition
A. person believed to have committed a misdemeanor offense outside the view of the officer
Term

The Code of Criminal Procedure states that peace officers making arrests shall take the person arrested before a magistrate:

A. immediately
B. within 24 hours
C. without unnecessary delay
D. prior to 8:00 am of the following day
Definition
C. without unnecessary delay
Term

An inventory is a search of a person's car for contraband.

A. True
B. False
Definition
B. False
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