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Arrest, Search, and Seizure Exam

Total questions: 100

Worksheet time: 3hrs 20mins

Name
Class
Date
1.

"Reasonable belief" means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.

a)

Probable cause

b)

Mere suspicion

c)

Proof beyond a reasonable doubt

d)

Reasonable belief

2.

A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the purpose of arresting that person for a felony may continue the pursuit into this state and arrest the person.

a)

True

b)

False

3.

According to CCP 14.03, A peace officer shall __________, without a warrant, a person the peace officer has probable cause to believe has committed an offense in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case, if the offense is committed in the presence of the peace officer.

a)

Field interrogate

b)

Arrest

c)

Summons

d)

Search

4.

According to CCP 14.03, any peace officer may arrest without warrant a person who makes a statement to the peace officer that would be admissible against the person under Article 38.21 and establishes probable cause to believe that the person has committed a felony.

a)

True

b)

False

5.

According to CCP 14.03, any peace officer may arrest without warrant persons who the peace officer has probable cause to believe have prevented or interfered with an individual's ability to place a telephone call in an emergency, only if the offense is committed in the presence of the peace officer.

a)

True

b)

False

6.

According to CCP 14.031, Public Intoxication, an adult individual who commits an offense of cruelty to an animal (PC 49.02) an officer who believes detention in a penal facility is unnecessary but must fulfill the following requirements except?

a)

Release the person to the care of an adult to assume responsibility

b)

Get a sworn affidavit from the individual for commitment to Alcohol Anonymous

c)

Verbally consents to voluntary treatment for substance use in a program in a treatment facility licensed and approved by the Health and Human Services Commission

d)

Verbally consents to voluntary admission to a facility that provides a place for individuals to become sober under supervision, and the facility admits the individual for supervision

7.

According to CCP 38.22, Section 3, if the accused is a deaf person, the accused's statement is not admissible against the accused unless the warning is interpreted to the deaf person by an interpreter who is qualified and sworn.

a)

True

b)

False

8.

According to CCP 38.22, Section 3, no oral or sign language statement of an accused made as a result of custodial interrogation shall be admissible against the accused in a criminal proceeding except?

a)

an electronic recording, which may include motion picture, video tape, or other visual recording, is made of the statement

b)

prior to the statement but during the recording the accused is given the warning and the accused knowingly, intelligently, and voluntarily waives any rights set out in the warning

c)

the recording device was capable of making an accurate recording, the operator was competent, and the recording is accurate and has not been altered

d)

All voices on the recording need not be identified

9.

According to CCP 38.22, Section 5, precludes the admission of a statement made by the accused and is admissible except?

a)

Open court

b)

Before a grand jury

c)

Custodial interrogation

d)

Res gestae of the arrest or offense

10.

According to CCP 38.22, Section 6, when a question is raised as to the voluntariness of a statement of an accused the ___________ must make a finding in the absence of the jury to whether the statement was made under voluntary conditions.

a)

District Attorney

b)

Prosecutor

c)

Court

d)

Court Reporter

11.

According to CCP 38.22, Section 8, a written, oral, or sign language statement of an accused made as a result of a custodial interrogation is admissible against the accused in a criminal proceeding in this state if

a)

the statement was obtained in another state and was obtained in compliance with the laws of that state or this state

b)

the statement was obtained by a federal law enforcement officer in this state or another state and was obtained in compliance with the laws of the United States

c)

A & B are both correct

d)

None of these are correct

12.

According to CCP Art. 11.21 Constructive custody is defined by the words “confined”, “imprisoned”, “in custody”, “confinement”, “imprisonment”, refer not only to the actual, corporeal and forcible detention of a person, but likewise to any coercive measures by threats, menaces or the fear of injury, whereby one person exercises a control over the person of another, and detains him within certain limits.

a)

True

b)

False

13.

According to CCP Art. 15.22, a person is arrested when he has been actually placed under _________or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.

a)

Restraint

b)

Tied up

c)

Security

d)

Surveillance

14.

According to CCP, 17.033, a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed___________, not later than the 24th hour after the person's arrest if the person was arrested for a misdemeanor and a magistrate has not determined whether probable cause exists to believe that the person committed the offense.

a)

$5,000

b)

$10,000

c)

$2,500

d)

$4,000

15.

According to CCP, 18.095, an officer directed under a search warrant to search for and seize a gambling device or equipment, altered gambling equipment, or gambling paraphernalia in the discretion of the officer may except:

a)

seize only the programmable main circuit board of the device, equipment, or paraphernalia if that circuit board is designed as a subassembly or essential part of the device, equipment, or paraphernalia to provide the information necessary for the device, equipment, or paraphernalia to operate as a gambling device or equipment, altered gambling equipment, or gambling paraphernalia;

b)

seize the device and equipment that contains the programmable main circuit board of the device, equipment, or paraphernalia even if the circuit board is designed as a subassembly or essential part of the device, equipment, or paraphernalia.

c)

carry the circuit board before the magistrate

d)

retain custody of the circuit board as the property seized pursuant to the warrant

16.

According to CCP, Art 14.05, Rights of Officer, an officer can enter a residence if exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.

a)

Exigent circumstances

b)

Acute circumstances

c)

Clamorous circumstances

d)

Imperative

17.

According to CCP, Art 14.051, Arrest By Peace Officer From Other Jurisdiction, "_____________" means a pursuit without unreasonable delay by a peace officer of a person the officer reasonably suspects has committed a felony.

a)

Stale pursuit

b)

Fresh pursuit

c)

Spontaneous pursuit

d)

Clear pursuit

18.

According to CCP, Art 14.06, Must Take Offender Before Magistrate, if a person resides in the county where the offense occurred, an officer who is charging a person for the offense that is a Class A or B may issue a citation that contains written notice of the time and place the person must appear before a magistrate of this state.

a)

True

b)

False

19.

According to CCP, Art 14.06, Must Take Offender before Magistrate, the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than ______ after the person is arrested

a)

12 hours

b)

24 hours

c)

48 hours

d)

Immediately

20.

According to CCP, Art 15.12, WARRANT OR COMPLAINT MUST BE UNDER SEAL, any magistrate may endorse a warrant received by telegraph, or issue a warrant upon a complaint received by telegraph without a certificate under seal.

a)

True

b)

False

21.

According to CCP, Art 15.19, NOTICE OF ARREST, a person is arrested and taken before a magistrate in a county other than the county in which the arrest is made and if the person is remanded to custody, the person may be confined in a jail in the county in which the magistrate serves for a period of not more than ______________after the arrest before being transferred to the county jail of the county in which the arrest occurred.

a)

48 hours

b)

24 hours

c)

54 hours

d)

72 hours

22.

According to CCP, Art 18.07, DAYS ALLOWED FOR WARRANT TO RUN, the period allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution, is _______________if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples

a)

15 whole days

b)

10 whole days

c)

12 whole days

d)

20 whole days

23.

According to CCP, Art 18.10, not later than ______________after executing a search warrant, the officer shall return the search warrant. Upon returning the search warrant, the officer shall state on the back of the same, or on some paper attached to it, the manner in which the warrant has been executed.

a)

2 whole days

b)

1 whole day

c)

5 whole days

d)

3 whole days

24.

According to CCP, Art 51.13, Section 14, Arrest without a Warrant, the arrest of a person may be lawfully made also by any peace officer or private person, without a warrant upon reasonable information that the accused stands charged in the courts of a State with a crime punishable by death or imprisonment for a term exceeding ____________.

a)

Five years

b)

Two years

c)

Ten years

d)

One year

25.

According to CCP, Art 51.13, Section 14, Arrest Without A Warrant, when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under __________ setting forth the ground for the arrest.

a)

Sworn letter

b)

Oath

c)

Affidavit

d)

Hand written complaint

26.

According to CCP, Art. 1.21, Privilege Of Legislators, Senators and Representatives shall, except in cases of treason, felony or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing ___________________such member may reside from the place at which the Legislature is convened.

a)

Five days for every 50 miles

b)

Two days for every 20 miles

c)

One day for every 30 miles

d)

One day for every 20 miles

27.

According to CCP, Art. 15.02, REQUISITES OF WARRANT, it issues in the name of "The State of Texas", and shall be sufficient, without regard to form, if it have these substantial requisites:

a)

must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him

b)

must state that the person is accused of some offense against the laws of the State, naming the offense

c)

must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature.

d)

All above are correct

e)

Only A & B are correct

28.

According to CCP, Art. 15.03, MAGISTRATE MAY ISSUE WARRANT OR SUMMONS, a magistrate may issue a warrant of arrest or a summons except?

a)

by law authorized to order verbally the arrest of an offender

b)

when any person shall make oath before the magistrate that another has committed some offense against the laws of the State

c)

secret letter from the governor

d)

in any case named in this Code where he is specially authorized to issue warrants of arrest

29.

According to CCP, Art. 15.03, MAGISTRATE MAY ISSUE WARRANT OR SUMMONS, a summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at _________________.

a)

A stated time and place

b)

Before the end of the month

c)

30 minutes after the serves

d)

Immediately

30.

According to CCP, Art. 15.03, MAGISTRATE MAY ISSUE WARRANT OR SUMMONS, a “____________________” means a two-way electronic communication of image and sound between a person and magistrate and includes secure Internet videoconferencing.

a)

Electronic broadcast system

b)

Two way radio

c)

Internet

d)

webcam

31.

According to CCP, Art. 15.03, MAGISTRATE MAY ISSUE WARRANT OR SUMMONS, the counsel for the defendant may not obtain a copy of the recording between the magistrate and the defendant.

a)

True

b)

False

32.

According to CCP, Art. 15.06, WARRANT EXTENDS TO EVERY PART OF THE STATE, a warrant of arrest, issued by any county or district clerk, or by any magistrate shall extend to any part of the State and shall be authorized to execute the same in any county in this State.

a)

True

b)

False

33.

According to CCP, Art. 15.06, WARRANT EXTENDS TO EVERY PART OF THE STATE, any magistrate also includes mayors of an incorporated city or town to issue a warrant of arrest.

a)

True

b)

False

34.

According to CCP, Art. 15.16, HOW WARRANT IS EXECUTED, the officer or person executing a warrant of arrest shall ___________________________take the person or have him taken before the magistrate

a)

without unnecessary delay

b)

before 5pm

c)

the next day

d)

three days from execution

35.

According to CCP, Art. 15.17, DUTIES OF ARRESTING OFFICER AND MAGISTRATE, a record of the communication between the arrested person and the magistrate shall be made. The record shall be preserved until the earlier of the following dates except?

a)

the date on which the pretrial hearing ends

b)

the 91st day after the date on which the record is made if the person is charged with a misdemeanor

c)

the 120th day after the date on which the record is made if the person is charged with a felony.

d)

the 120th day after the date on which the record is made if the person is charged with a misdemeanor

36.

According to CCP, Art. 15.17, DUTIES OF ARRESTING OFFICER AND MAGISTRATE, after an accused charged with a misdemeanor punishable by fine only and the magistrate has identified the accused, the magistrate may release the accused with bond and order the accused to appear at a later date for arraignment in the applicable justice court or municipal court.

a)

True

b)

False

37.

According to CCP, Art. 15.17, DUTIES OF ARRESTING OFFICER AND MAGISTRATE, if a accused is arrested for a misdemeanor punishable by fine only and has a prior felony or a misdemeanor other than punishable by fine, the accused can still be released without bond.

a)

True

b)

False

38.

According to CCP, Art. 15.20, DUTY OF SHERIFF RECEIVING NOTICE, A sheriff who receives notice of a warrant issued, shall have the arrested person brought before the proper magistrate or court before the _________ after the date the person is committed to the jail of the county in which the person was

a)

15th day

b)

5th day

c)

10th day

d)

11th day

39.

According to CCP, Art. 15.21, RELEASE ON PERSONAL BOND IF NOT TIMELY DEMANDED, If the proper office of the county where the offense is alleged to have been committed does not demand an arrested person and take charge of the arrested person before the 11th day after the date the person is committed to the jail of the county in which the person is arrested, a magistrate in the county where the person was arrested shall except:

a)

release the arrested person on personal bond without sureties or other security

b)

forward the personal bond

c)

bond forward to the District Judge’s office

d)

bond to the court that issued the warrant of arrest

40.

According to CCP, Art. 15.24, WHAT FORCE MAY BE USE, in making an arrest, all reasonable means are permitted to be used to affect it. No greater force, however, shall be resorted to than is ______________the arrest and detention of the accused.

a)

Necessary to secure

b)

Necessary to inform

c)

Permitted by force

d)

Approved by the department

41.

According to CCP, Art. 15.27, NOTIFICATION TO SCHOOLS REQUIRED, If the superintendent of a school district in which the student is enrolled learns of a failure of the head of a law enforcement agency or a person designated by the head of the agency to provide a notification, the superintendent or principal shall report the failure to notify to the _________________.

a)

Texas Department of Public Safety

b)

Texas Commission on Law Enforcement

c)

Texas Governor's Office

d)

District Attorney's Office

42.

According to CCP, Art. 15.26, the warrant shall be executed by the arrest of the defendant, the officer needs to have the warrant in his possession at the time of the arrest.

a)

True

b)

False

43.

According to CCP, Art. 15.27, NOTIFICATION TO SCHOOLS REQUIRED, a law enforcement agency that arrests, or refers to a juvenile court an individual who the law enforcement agency knows or believes is enrolled as a student in a private primary or secondary school shall make the oral and written notifications to the _____________designated of the school in which the student is enrolled.

a)

Principal or school employee

b)

Principal or superintendent

c)

Superintendent

d)

Front office

44.

According to CCP, Art. 17.01, “_________” is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond.

a)

Surety bond

b)

Bail

c)

Cash bond

d)

Personal recognizance

45.

According to CCP, Art. 15.27, NOTIFICATION TO SCHOOLS REQUIRED, oral or written notice required must include all pertinent details of the offense or conduct, including details of any except?

a)

Weight and type of drugs

b)

Assaultive behavior or other violence

c)

Weapons used in the commission of the offense or conduct

d)

Weapons possessed during the commission of the offense or conduct

46.

According to CCP, Art. 17.15, the amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.

a)

True

b)

False

47.

According to CCP, Art. 17.15, when bail is considered the future safety of a victim or the alleged offense and the community is not considered by the court, judge, magistrate of officer.

a)

True

b)

False

48.

According to CCP, Art. 17.152, bond may be denied if a person is arrested for committing an offense under PC, Sec. 25.07, violation of a court order regarding family violence shall without unnecessary delay and after reasonable notice is given to the attorney representing the state, but not later than _____________after the person is arrested, be taken before a magistrate.

a)

24 hours

b)

36 hours

c)

12 hours

d)

48 hours

49.

According to CCP, Art. 17.153, applies to a defendant charged with a felony offense under the provision of Penal Code for sexual offenses, prohibited sexual conduct, sexual performance by a child and trafficking of persons, if committed against a child _______ years of age.

a)

17

b)

13

c)

14

d)

18

50.

According to CCP, Art. 18.01, a "______________" is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order.

a)

Summons

b)

Arrest warrant

c)

Writ

d)

Search warrant

51.

According to CCP, Art. 18.01, any magistrate who is an attorney licensed by this state may issue a search warrant to collect a blood specimen from a person who is arrested an offense under Section 49.04 , 49.045 , 49.05 , 49.06 , 49.065 , 49.07 , or 49.08, Penal Code.

a)

True

b)

False

52.

According to CCP, Art. 18.011, SEALING AN AFFIDAVIT, An order sealing an affidavit under this section expire on the ___________after the date on which the search warrant for which the affidavit was presented is executed

a)

15th day

b)

31st day

c)

21st day

d)

60th day

53.

According to CCP, Art. 18.02, GROUNDS FOR ISSUANCE, a search warrant may be issued to search for and seize except?

a)

gambling devices or equipment, altered gambling equipment, or gambling paraphernalia

b)

property acquired by theft or in any other manner which makes its acquisition a penal offense

c)

a drug, controlled substance, immediate precursor, chemical precursor, or other controlled substance property, including an apparatus or paraphernalia kept, prepared, or manufactured in violation of the laws of this state

d)

Persons

e)

All can be seized

54.

According to CCP, Art. 18.021, a search warrant may not be issued to search for and photograph a child who is alleged to be the victim of the offenses of injury to a child

a)

True

b)

False

55.

According to CCP, Art. 18.021, after having located and photographed the child, the peace officer executing the warrant shall take possession of the exposed film and deliver it forthwith to the_______________.

a)

Police evidence room

b)

Case file

c)

Magistrate

d)

District attorney

56.

According to CCP, Art. 18.04, the search warrant only needs the signature of the magistrate and nothing else

a)

True

b)

False

57.

According to CCP, Art. 18.04, what items below are needed for a search warrant?

a)

that the magistrate's name appear in clearly legible handwriting or in typewritten form with the magistrate's signature to include date signed by magistrate

b)

that it commands any peace officer of the proper county to search forthwith the person, place, or thing name

c)

that it identify, as near as may be, that which is to be seized and name or describe, as near as may be, the person, place, or thing to be searched

d)

that it run in the name of “The State of Texas”

e)

All are needed

58.

According to CCP, Art. 18.05, the complaint shall be sufficient, without regard to form, if it have these substantial requisites

a)

It must state the name of the accused, must give some reasonably definite description of him.

b)

It must show that the accused has committed some offense against the laws of the State

c)

It must state the time and place of the commission of the offense

d)

It must be signed by the affiant by writing his name or affixing his mark

e)

All are correct

59.

According to CCP, Art. 18.06, EXECUTION OF WARRANTS, before the officer takes property from the place he should which of the following except?

a)

Prepare a written inventory of property taken

b)

Endorse his name on the inventory list

c)

Give a copy of inventory list and copy of search warrant to owner or person in possession of property

d)

If neither the owner nor a person of the property then the executing officer need not leave a copy of the warrant and inventory but leave a business card to contact

60.

According to CCP, Art. 18.06, EXECUTION OF WARRANTS, if the owner of the property being searched is not present then a copy of the warrant can be left with who is present is in possession of the place.

a)

True

b)

False

61.

According to CCP, Art. 18.08, in the execution of a search warrant, the officer may call to his aid any number of citizens in this county, who shall be bound to aid in the execution of the same.

a)

True

b)

False

62.

According to CCP, Art. 18.16, Preventing Consequences of Theft, to justify a seizure under this article, there must be ____________ground to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.

a)

Reasonable

b)

Probable

c)

Suspicious

d)

Clear

63.

According to CCP, Art. 18A.001, "________________" means an aural transfer made wholly or partly through the use of facilities for the transmission of communications by the aid of wire, cable, or other similar connection between the point of origin and the point of reception, including the use of the connection in a switching station, if those facilities are provided or operated by a person authorized to provide or operate the facilities for the transmission of communications as a communication common carrier.

a)

Wire communication

b)

Telephone communication

c)

internet communication

d)

Electronic communication

64.

According to CCP, Art. 43.015, “________________" means a writ that is, issued by a court having jurisdiction of a case after judgment and sentence for unpaid fines and costs; and directed "To any peace officer of the State of Texas" and commanding the officer to arrest a person convicted of an offense and bring the arrested person before that court immediately. "Cost" includes any fee imposed on a defendant by the court at the time a judgment is entered.

a)

Actus reua

b)

Capias pro fine

c)

De facto

d)

Mens rea

65.

According to CCP, Art. 56.02, CRIME VICTIMS RIGHTS, it a right to have the magistrate take the safety of the victim or his family into consideration as an element in fixing the amount of bail.

a)

True

b)

False

66.

According to CCP, Art. 56.02, CRIME VICTIMS RIGHTS, the victim doesn’t have the rights to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts since the that office should be responsible for the protection.

a)

True

b)

False

67.

According to CCP, art. 15.18, ARREST FOR OUT-OF-COUNTY OFFENSE, a person arrested under a warrant issued in a county other than the one in which the person is arrested shall be taken before a magistrate of the county. The magistrate shall

a)

take bail, if allowed by law

b)

take bail, if without jurisdiction, immediately transmit the bond taken to the court having jurisdiction

c)

in the case of a person arrested under warrant for an offense punishable by fine only, accept a written plea of guilty or nolo contendere, set a fine, determine costs, accept payment, give credit for time served, determine indigency, or, on satisfaction of the judgment, discharge the defendant

d)

All above answers are correct

68.

According to CCP, art. 15.18, ARREST FOR OUT-OF-COUNTY OFFENSE, before the 11th business day after the date a magistrate accepts a written plea of guilty or nolo contendere in a case, the magistrate shall, if without jurisdiction, transmit to the court having jurisdiction of the offense except:

a)

Name of the defense counsel

b)

the written plea

c)

Any orders entered into the case

d)

Any fine or costs collected in the case

69.

According to Code of Criminal Procedure Art. 15.17, after an accused charged with a misdemeanor punishable by fine only is taken before a magistrate under Subsection (a) and the magistrate has identified the accused with certainty, the magistrate may not release the accused without bond and order the accused to appear at a later date for arraignment in the applicable justice court or municipal court. The order must state in writing the time, date, and place of the arraignment, and the magistrate must sign the order.

a)

True

b)

False

70.

According to Code of Criminal Procedure Art. 15.17, if the magistrate is not authorized to appoint counsel, the magistrate shall without unnecessary delay, but not later than _________ after the person arrested requests appointment of counsel, transmit, or cause to be transmitted to the court or to the courts' designee authorized under Article 26.04 to appoint counsel in the county, the forms requesting the appointment of counsel.

a)

48 hours

b)

24 hours

c)

12 hours

d)

Immediately

71.

According to Code of Criminal Procedure Art. 15.17, the arrested person may be taken before the magistrate in person or the image of the arrested person may be presented to the magistrate by means of a videoconference.

a)

True

b)

False

72.

According to Code of Criminal Procedure Art. 15.17, the magistrate shall also inform the person arrested of the person's has no rights to request the appointment of counsel if the person cannot afford counsel.

a)

True

b)

False

73.

According to Code of Criminal Procedure Art. 15.17, when a deaf accused is taken before a magistrate under this article, an interpreter appointed by the magistrate qualified and sworn shall interpret the warning required by those articles in a language that the accused can understand, including but not limited to sign language.

a)

True

b)

False

74.

According to Family Code, Sec. 71.004, "_______________" means: (1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself; (2) abuse, by a member of a family or household toward a child of the family or household, (3) dating violence.

a)

Family violence

b)

Spousal abuse

c)

Carnage

d)

Assault

75.

A __________________ is a temporary seizure of a person for investigation based on an officer’s reasonable suspicion of criminal activity.

a)

Traffic stop

b)

Investigatory stop

c)

Consensual stop

d)

Suspicious stop

76.

An arrest may be made on any day or at any time of the day or night:

a)

True

b)

False

77.

Diplomatic agents family members that form the household are not protected from local laws of the country they reside in.

a)

True

b)

False

78.

Disturbing the peace, also known as______________________, is a criminal offense that occurs when a person engages in some form of unruly public behavior, such as fighting or causing excessively loud noise. When a person's words or conduct jeopardizes another person's right to peace and tranquility, he or she may be charged with disturbing the peace.

a)

Breach of the peace

b)

Malicious conduct

c)

Rude behavior

d)

Bad decisions

79.

If a peace officer only has mere suspicion what can an officer not do to move to reasonable suspicion or greater?

a)

Computer checks may be made of license plates

b)

Officers can initiate a police-citizen encounter so long as the officer understands the persons approached do not have to identify themselves or answer the officer’s questions, and are not free to walk away at any time

c)

The officer’s objective is to obtain articulable facts and circumstances that rise to the level of either reasonable suspicion that gives officers the power to detain or probable cause, which permits the officer to arrest.

d)

Surveillance may occur. The officer’s objective is to obtain articulable facts and circumstances that rise to the level of either reasonable suspicion that gives officers the power to detain or probable cause, which permits the officer to arrest.

80.

If the facts presented to the magistrate of this chapter also establish the existence of probable cause that a person has committed some offense under the laws of this state, the search warrant may not act as an order the arrest of such person and a separate arrest warrant is needed

a)

True

b)

False

81.

In regards to conditions for arrest, a peace officer’s purpose or _________ to take a person into the custody of the law.

a)

Intention

b)

Reason

c)

Probable cause

d)

Suspicion

82.

Like those Diplomatic agents, the recognized family members of administrative and technical staff enjoy the same privileges and immunities from the host country's criminal jurisdiction as their sponsors. Since these family members have no official duties to perform, they enjoy no immunity from civil jurisdiction.

a)

True

b)

False

83.

Only the information known to the officer at the time of the seizure or search will be considered by the court. Evidence found after the arrest or during the search will not be admissible to prove the original probable cause.

a)

True

b)

False

84.

Only the specifically described property or items set forth in a search warrant issued or property, items or contraband may be seized

a)

True

b)

False

85.

Petitioner was convicted in a federal district court for a violation of the Liquor Enforcement Act of 1936, on charges of transporting intoxicating liquor into Oklahoma contrary to the laws of that State. In this Supreme Court Case, probable cause exists where the facts and circumstances within the officer’s knowledge, and of which they have reasonable trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed. What below case has to do with probable cause to arrest?

a)

Pryor v. State

b)

Graham v. State

c)

Brinegar v. United States

d)

Terry v. Ohio

86.

Reference to CCP, Art. 17.292, a defendant's appearance before a magistrate after arrest for an offense involving family violence the magistrate may issue an order for emergency protection on the magistrate's own motion or on the request of?

a)

Victim of the offense

b)

Guardian of the victim

c)

Peace officer

d)

Attorney representing the state

e)

All of the above can make a request to the magistrate

87.

The person arrested is taken into custody either by physical force or by submission to assertion of authority is called?

a)

Actual seizure

b)

Shack down

c)

Freedom taker

d)

Detention

88.

The affidavit made before the magistrate or district or county attorney is called a “__________” if it charges the commission of an offense

a)

Complaint

b)

Summons

c)

Subpoena

d)

Seizure

89.

The court will examine the “___________________” surrounding the seizure or detention to determine if there were sufficient facts and circumstances present to satisfy the Fourth Amendment.

a)

Validity

b)

Probable cause

c)

Fruits of the crime

d)

Totality of circumstances

90.

The purpose of a “________________” entry, is designed to let occupants know its police that want to enter premises…they knock and announce presence and wait a reasonable amount of time. Both parties less at risk if door is opened peacefully.

a)

Knock and announce

b)

No knock

c)

Mississippi search warrant

d)

Nighttime

91.

There are two different but similar definitions of probable cause, one for search and one for arrest, because different types of information are required to establish probable cause in each instance.

a)

True

b)

False

92.

What Supreme Court case dealing with DEA Agents stopping an individual at the Honolulu Airport possession of cocaine. The court held on the facts of this case, the DEA agents had a reasonable suspicion that respondent was transporting illegal drugs when they stopped him.

a)

United States v. Sokolow

b)

Graham v. State

c)

Beck v. Ohio

d)

Carroll v. United States

93.

What below Supreme Court case was a decision by the United States Supreme Court that upheld the warrantless searches of an automobile, which is known as the “automobile exception?” The case has also been cited as widening the scope of warrantless search. The Supreme Court ruled that automobiles could be subjected to warrantless searches and seizures under the Fourth Amendment.

a)

Arizona v. Grant

b)

Carroll v. United States

c)

Helen v. United States

d)

Boyd v. United States

94.

What case was a United States Supreme Court case that determined "seizure" occurs when an officer uses displays of authority to detain a person?

a)

Terry v. Ohio

b)

United States v. Mendenhall

c)

Ferris v. State

d)

New York v. Belton

95.

What court case had to do with peace officers to advise persons in custody prior to interrogation that they have the right to an attorney and if they cannot afford an attorney, one will be appointed to represent them?

a)

Terry v. Ohio

b)

Miranda v. Arizona

c)

Illinois v. Gates

d)

Carroll v. United States

96.

What court case has to do with if the persons in custody request an attorney, the interrogations must cease until an attorney is present or, alternatively, until there is at least a fourteen-day break in Miranda custody.

a)

Illinois v. Gates

b)

Pryor v. State

c)

Maryland v. Shatzer

d)

Terry v. Ohio

97.

What is it called when Peace officers are free to approach and ask questions of persons so long as officers recognize that those persons can refuse to identify themselves, refuse to cooperate, refuse to answer questions, and simply walk away?

a)

Consensual encounters

b)

Chance meeting

c)

Investigatory stops

d)

Arrest

98.

What, was a landmark decision of the Supreme Court of the United States in which the Court ruled that the Fourth Amendment's prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous." The case is sometimes referred to as “Stop and Frisk”

a)

Pennsylvania v. Mimms

b)

Florida v. Royer

c)

Carroll v. United States

d)

Terry v. Ohio

99.

Which case below had to deal with probable cause and exigent circumstances in regards to breaking up a violent fight permit warrantless entry into the dwelling without a warrant? This case is also known as the “Knock and announce” rule.

a)

Brigham City, Utah v. Stuart

b)

Brigham City, Utah v. Nelson

c)

United States v. Chadwick

d)

Horton V. California

100.

Which court case below has to do with absent exigent circumstances, a peace officer may not make a warrantless entry into a suspect’s home to make a routine felony arrest?

a)

New York v. Belton

b)

Terry v. Ohio

c)

Payton V. New York

d)

Miranda v. Arizona