TCLEOSE Practice Test

Click on the correct answer


1 What are the elements of a lawful arrest?
You must have the authority and the intent.
You have to seize the person.
A person has to understand they are under arrest
All of the above
2 When an officer has probable cause to believe that a spouse has violated a Protective Order, when can the violator be arrested?
Only when physical violence has taken place
Whenever the victim identifies a suspect and the violator is still on-scene
Never
Anytime a Protective Order has been violated
3 Can a woman be arrested for violation of a protective order even if it did not occur in view of a police officer?
No, never
Yes
It depends on if the victim was injured
Only when it is witnessed by two or more people
4 What must an arrest be based on?
Reasonable suspicion
Probable cause
Reasonable cause
Probable suspicion
5 What portion of the law defines the personal and property rights of individuals?
Criminal law
Civil law
Tort law
Liability law
6 Which of the following is the portion of the law who's purpose is to prevent harm to society, declares what conduct is illegal and what punishments are imposed.
Civil law
Tort law
Criminal law
Buisiness law
7 Which of the following is not an example of a tort?
Criminal trespass & theft
Divorce & child custody
Personal damage & protective orders
Injunctions and debt
8 Which of the following is an example of criminal law?
Murder
Assault
Theft
All of the above
9 Who is considered the conservator of the peace?
Any peace officer
The Constable
The Sheriff
Jailers
10 What is the primary duties of a peace officer when dealing with family violence?
Protect the victim
Enforce the law
Enforce protective orders from another jurisdiction
make lawful arrests
All of the above
11 Where is an arrest warrant issued by a judge good?
In the county it was issued
In the district it was issued
Anywhere in the state
Anywhere in the country
12 Who may issue a warrant for arrest that is only good in the county it was issued?
A mayor of an incorporated city or town
A Justice of the Peace
A Municiple Judge
A District Judge
13 What is a capias?
A writ issued by the court or clerk, and directed "to any peace officer of the State of Texas", commanding him to arrest and bring before the court
A writ issued by the mayor, and directed the arresting officer to arrest and bring before the court
A writ issued by the court baliff directing any peace officer of the State of Texas to locate a person who has missed a court appearance date
All of the above
14 Does a person who has a capias issued have to be arrested?
Yes, but only by a peace officer of the State of Texas
Yes, they can be arrested by an officer anywhere in the United States
No, the officer does not have to arrest them
No, the officer may let them go if the arrest will cause a hardship
15 Who has control over a death investigation scene?
The mayor
The sheriff's officer of the county the death occured
The law enforcement agency investigating the death
None of the above
16 Where may a Justice of the Peace conduct an inquest on a death?
Where the death occured
Where the body was found
Any place determined to be reasonable by the justice
All of the above
17 What is an inquest?
An investigation into the cause and circumstances of the death of a person, and a determination, made with or without a formal court hearing, as to whether the death was caused by an unlawful act or omission.
An investigation into the cause and circumstances of the death of a person and whether the death was caused by omission only.
An investigation of any kind that is initiated by a Justice of the Peace
A formal court proceeding that determines if a death was natural cause of murder.
18 What deaths require an inquest?
A person dies in prison by other than legal execution or when a person commits suicide
A person dies an unnatural death other than legal execution or dies without being attended by a physician
A person dies while being attended to by a physician but the physician is unsure how the death occured or the death may have been cause by unlawful means
When it is a child younger than 6 years of age or when a body is found and the circumstances of the death are unknown
All of the above
19 When may an arrest be made?
Whenever the warrant specifies certain times
Any day and at any time
During hours that court is in session
None of the above
20 How much force may be used to make an arrest?
Any amount of force is reasonable
Only the amount of force necessary to incapacitate the suspect
No greater force than is necessary to secure the arrest and detention of the suspect
The maximum amount it takes to overpower and incapacitate the suspect
21 What does CCP Article 18.16 deal with?
Use of Force
Extridition
Preventing consequenses of theft
Miranda Warnings
22 What is an example of when what you see, hear or smell indicates there may be criminal activity?
Suspicion
Probable cause
Reasonable doubt
Reasonable cause
23 If a crime did not occur within the view of a peace officer, when can that officer arrest a suspect for a felony?
Never
Only with a warrant
Anytime
Upon the representation of a credible person and that the suspect is about to escape and there is not enough time to obtain a warrant
24 What does Miranda Vs Arizona deal with?
6th Ammendment
4th Ammendment
5th Ammendment
18th Ammendment
25 What does CCP Article 14.01 deal with?
Offenses committed in the presence of within the view of an officer
Proable cause detected by an officer
Offenses pointed out to an officer by a third party
None of the above
26 Facts or circumstances with would lead a reasonable and prudent person to believe that an offense has been committed is the definition of what?
Reasonable suspicions
Probable cause
Reasonable cause
Probable suspicion
27 What occurs if there is probable cause?
The investigation will continue
A Magistrate must be contacted
An arrest is made
Nothing
28 What is a frisk?
A brief pat down of a person including their vehicle
A complete search of outer clothing and a pat down of areas such as pockets
A complete search of a person or vehicle
A pat down of the outer clothing of a person
29 During a temporary detention, can an officer require a person to identify himself?
Yes
No
Depends of the time of day or night
Depends on the time of day or night and if there is a curfew
30 What is a temporary detention?
Placing a suspect into confinement while an investigation continues
Holding a person for a limited time, but who, as yet, is not answerable to a criminal offense
The momentary detention of a person believed to be a suspect in a crime for which probalbe cause exits.
None of the above
31 Can force be used to frisk a person?
No
Yes, but only when a weapon is suspected
Yes, but only the amount necessary
Yes, swift and maximum force is always justified
32 What is a frist meant to find?
Drugs
Alcohol
Weapons
All of the above
33 What is curtiledge?
A substance that holds bones together with other bones
An area aound a vehicle that is protected by the 5th Amendment
A voluntary confession by a suspect that may be used as evidence against them.
None of the above
34 Who can give permission to search something?
The person who owns the property
Any person having financial interest in the property
Any adult over the age of 18 who pays state or federal taxes on the property
The person who is in control of the property even if it is temporary and they have no financial interest in it
35 What is the plain view doctrine?
It allows you to climb onto or over another persons property if it would help you identify that a person was involved in any type of crime
It is an entry that must be made when applying for a warrant to search a persons property
An item in you view can be taken into evidence when it can be connected to a felony crime
If you are leagally somewhere and it is immediatly apparent that itmes viewed are evidence of a crime or contaband then they may be seized without a search warrant
36 When do you need a warrant to search an open field?
When it meets the curtiledge test
You never need a warrant to search a field
Anytime you want to search an open field
When you have been given verbal consent to search the field
37 What are the elements of the test of curtiledge?
What is the area used for
Is there a fense
What steps have been made to make the area private
How close is it to a home
All of the above
38 Which is not one of the culpable mental states?
Intentionaly
Knowingly
Criminal negligence
Incompetnetly
Recklessly
39 Which is an offense that does not require a culpable mental state?
Criminal Mischief
Driving While Intoxicate
Reckless Damage
Vehicular Homicide
40 When does a person act intentionally?
When it is his conscious objective or desire to engage in the conduct or cause the result
When he is aware that his conduct is reasonably certain to cause the result
When hs is aware of but conciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.
When a person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur
41 When does a person act knowingly?
When it is his conscious objective or desire to engage in the conduct or cause the result
When he is aware that his conduct is reasonably certain to cause the result
When hs is aware of but conciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.
When a person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur
42 When does a person act recklessly?
When it is his conscious objective or desire to engage in the conduct or cause
When he is aware that his conduct is reasonably certain to cause the result
When hs is aware of but conciously disregards a substantial and unjustifiable
When a person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur
43 When does a person act with criminal negligence?
When it is his conscious objective or desire to engage in the conduct or cause
When he is aware that his conduct is reasonably certain to cause the result
When hs is aware of but conciously disregards a substantial and unjustifiable
When a person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur
44 What are the elements of criminal attempt?
Must have intent to comitt a crime
It must be an act amounting to more than mere preparation
The act must fail to be committed
All of the above
45 What is the penalty for criminal attempt?
Two categories lower that the offense attempted
One category lower that the offense attempted
One category higher than the offense attempted
Two categories higher than the offense attempted
46 What are the elements of criminal conspiracy?
Must intend that a felony be commited and at leaset two peopleare engaged in the conduct that would consititute the offense
At least one person must perform an overt act in pursuance of the agrement to commit an offense
The act must be carried out after actors have conspiered to commit and offense and damage must have occured
All of the above
Both A and B only
47 Intending that a capitol felony or first degree felony be committed, requests, commands or attempts to induce another to engage in specific conduct that would constitute the felony is an example of what?
Criminal conspiricy
Criminal solicitation
Criminal attempt
Criminal negligence
48 What is the penalty for criminal solicitation?
One category lower than the offense attempted
Two categories lower than the offense attempted
The same as the offense attempted
One category higher than the offense atempted
49 What is a criminal insturment?
Anything that is specifically designed, made, or adopted for use in an offense
Anything used directly in the commission of an offense
Only tools used in preparation of committing an offense of State Jail Felony or higher
None of the above
50 Which of the following is not a type of crimninal homicide?
Murder
Capital Murder
Solicitated Murder
Manslaughter
Criminally negligent homicide
51 What is the punishment terms for a Class C misdemeanor?
Fine not to exceed $250
Fine not to exceed $500
Fine not to exceed $750
Fine not to exceed $1000
52 What is the punishment terms for a Class B misdemeanor?
Fine not to exceed $2000, jail time not to exceed 180 days, or both
Fine not to exceed $4000, jail time not to exceed 160 days, or both
Fine not to exceed $1000, jail time not to exceed 160 days
Fine not to exceed $1000
53 What is the punishment terms for a Class A misdemeanor?
Fine not to exceed $4000, jail time not to exceed 2 years, or both
Fine not to exceed $1000, jail time not to exceed 6 months, or both
Fine not to exceed $4000, jail time not to exceed 1 years, or both
Fine not to exceed $2000, jail time not to exceed 2 years, or both
54 What is the punishment terms for a State Jail felony?
Jail time of 100 days to 1 year, fine not to exceed $10,00, or both
Jail time of 150 days to 2 years, fine not to exceed $1000, or both
Jail time of 1 year to 3 years, fine not to exceed $5000, or both
Jail time of 180 days to 2 years, fine not to exceed $10,000, or both
55 What is the punishment terms for a 3rd degree felony?
Jail time of 1 years to 10 years, fine not to exceed $15,000, or both
Jail time of 2 years to 10 years, fine not to exceed $10,000, or both
Jail time of 3 years to 10 years, fine not to exceed $15,000, or both
Jail time of 2 years to 8 years, fine not to exceed $10,000, or both
56 What is the punishment terms for a 2rd degree felony?
Jail time of 2 years to 20 years, fine not to exceed $10,000, or both
Jail time of 5 years to 10 years, fine not to exceed $10,000, or both
Jail time of 2 years to 10 years, fine not to exceed $10,000, or both
Jail time of 5 years to 10 years, fine not to exceed $15,000, or both
57 What is the punishment terms for a 1st degree felony?
Jail time of 10 years to 99 years, fine not to exceed $20,000, or both
Jail time of 5 years to 50 years, fine not to exceed $15,000, or both
Jail time of 5 years to 99 years, fine not to exceed $10,000, or both
Jail time of 5 years to 99 years, fine not to exceed $20,000, or both
58 What is the punishment terms for capital felony?
Life imprisonment or death
Life imprisonment
Death
Life imprisonment, fine of $10,000, or both
59 What is the definition of bodily injury?
Any bodily contact
Illness caused by intentional misconduct of a third party
Offensive bodily contact
Physical pain, illness, or any impairment of physical condition
60 What is the definition of serious bodily injury
Bodily injury that creates a substantial risk of serious injury
Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfiguration, or protracted loss or impairment of the function of any bodily member or organ
Bodily injury that creates a substantial risk of death or that causes death, serious temporary disfiguration, or temporary loss or impairment of the function of a vital bodily member
None of the above
61 What is the punishment for Indecent Exposure?
Class C misdemeanor
Class B misdemeanor
Class A misdemeanor
State Jail felony
62 What would a person who walks down the street and flashes someone be charged with?
Criminal mischief
Disorderly conduct
Indecent exposure
Reckless conduct
63 What is the punishment for deadly conduct?
Class C misdemeanor
Class B misdemeanor
Class A misdemeanor
State Jail felony
64 What is the punishment for violating a protective order?
Class A misdemeanor, unless there are prior convictions, which would make the offense a 2rd degree felony
Class A misdemeanor, unless there are prior convictions, which would make the offense a State Jail felony
Class B misdemeanor, unless there are prior convictions, which would make the offense a Class A misdemeanor
Class A misdemeanor, unless there are prior convictions, which would make the offense a 3rd degree felony
65 What is the punishment for murder?
State Jail felony
3rd degree felony
2nd degree felony
1st degree felony
66 What is the punishment for leaving a child in a vehicle?
State Jail felony
Class A misdemeanor
Class B misdemeanor
Class C misdemeanor
67 Under the Burglary section of the penal code, what does the term "enter" mean?