Penal Code
Samantha likes explosions, and obtains a large amount of tannerite. She lives in a rural area where firearms are allowed. She knows her backdrop and shoots right next to the fenceline with her neighbors in such a way that the bullets have no chance of hitting either house or any road. She mixes a very hot amount of tannerite and sets it immediately next to a fencepost of her neighbors fence. The fencepost is completely destroyed, tearing a hole in the fence 5 feet across.
(PC 28.04) Reckless Damage or Destruction
A motor vehicle designed and used to draw another vehicle but not constructed to carry a load independently or a part of the weight of the other vehicle or its load.
Road tractor
What are the three components that make up the criminal justice system?
Police
Courts
Correctional System
Ruled that the 5th amendment prevents prosecutors from using statements made in response to interrogations from police during custody as evidence at their trial unless the suspect was informed of their rights.
Miranda v. Arizona (1966)
An affidavit made before a magistrate charging the commission of an offense is called?
Complaint
What are the four Pillars of Procedural Justice?
Fairness & Consistency
Giving a voice to ALL parties
Transparency
Impartiality
Preston is driving down the highway with a truck. In the back of the truck he has 700 pounds of copper wiring. When asked about it, he claims that it is his wire. He provides reciepts from the previous day proving that he bought and paid for it from home depot. The reciepts account for all wire he has in the back of his truck. Preston is currently on his way to a scrapyard to sell the brand new wire.
No offense. (PC 31.22) Unauthorized possession of certain copper or brass material does not apply to someone authorized to possess copper or brass. Which includes the owner of the material.
means a motor vehicle, other than a motorcycle, used to transport persons and designed to accommodate 10 or fewer passengers, including the operator.
passenger car
What does the Texas Supreme Court have jurisdiction over?
Civil law only
Maryland v. Shatzer (2010), ruled that police may re-open questioning of a suspect who has asked for counsel if there has been a ___________ break in Miranda custody.
14 days or more
According to the CCP, on receipt of information that a person's identifying information was falsely given by a person arrested as the arresting person's identifying information, the local law enforcement agency shall contact what agency?
DPS
What are at least 2 of the services consular officers can provide?
Arrange legal representation
Monitor progress of the case
Ensure a fair trial
Monitor conditions of confinement
Provide reading material, food, medicine, other necessities
Penny is out drinking with some buddies. During the entirety of the night, he drinks nothing alchoholic as they are out of light beer. One of his buddies slips him a pill that intoxicates him against his will as a joke. Penny is unaware that he is intoxicated, and begins to walk down the street home. He sways the entire way, stumbling into the street, and generally being a danger to himself or others.
(PC 49.02) Public Intoxication.
BONUS: The general defense of involuntary intoxication applies.
A class B license generally authorizes operation of a single vehicle with a GVWR of what?
More than 26,000lbs.
The exclusionary rule, which prohibits use of illegally obtained evidence, is based on which amendment?
4th amendment
The court ruled that a detention of a motorist based upon probable cause to believe that he has violated a traffic law does not violate the 4th Amendment prohibition against unreasonable seizures, regardless of the ulterior motives of the officers.
Whren v. United States (1996)
A statement that is made by a child younger than _______ years of age who is the victim of an offense is admissible under certain circumstances, according to CCP 7A.035
14
Brief notations concerning specific events and circumstances that are recorded while fresh in the officers mind and used to prepare a report are?
field notes
Barnes child has been getting on every single on of his nerves for the past 3 months. One of his friends who has been unable to have children offers to take the child as his own so that Barnes no longer has to care for him. His friend offers $20k to Barnes, and he accepts.
(PC 25.08) Sale or purchase of child
To halt a vehicle while receiving or discharging passengers.
Stand
Who are considered magistrates under Texas Code of Criminal Procedure? (3)
Judges
Mayors
Justices of the Peace
The court found that a person may be searched for weapons and to seize evidence to prevent its concealment or destruction as part of a lawful arrest, but it is limited to the person’s IMMEDIATE AREA OF CONTROL.
Chimel v. California
Which of the following is true regarding the grand jury?
The proceedings are public
In Texas a person charged with a felony has a right to indictment by a grand jury
Defendant has constitutional right to be represented by an attorney at the grand jury
Grand jury terms are 10 years
In Texas a person charged with a felony has a right to indictment by a grand jury
According to the Family Code, a child who is accused, adjudicated, or convicted for conduct that would not, under state law, be a crime if committed by an adult is a?
Status Offender
Grant has a leftover stockpile of fireworks from the Fourth of July. An officer he dislikes from HPD often patrols his street, and refuses to stop his lawful and justified patrols of the area. In order to run him off, grant lights and throws fireworks at the officer whenever he is in the process of his duties for the express purpose of interfering with his lawful duties so he will go away.
(PC 50.02) Unlawful use of Fireworks
A trailer with a GVWR exceeding what amount generally requires a higher classification?
10,000lbs.
If state prisons are overcrowded due t increased convictions, what concepts best describes the systems problem?
Interdependence
Ruled that as long as the police did not create the exigency by violating or threatening to violate the Fourth Amendment. The “hot pursuit” exception allows officers to pursue a fleeing suspect onto protected property without a warrant. The "destruction of evidence" exception permits warrantless entry when officers reasonably believe the occupants are destroying evidence of a crime.
Kentucky v. King (2011)
In a capital felony case in which the attorney representing the State notifies the court and the defendant that it will not seek the death penalty, the defendant may waive the right to trial by jury but only if?
By which anniversary date must you take an asset forfeiture education course to obtain your intermediate proficiency certificate?
2nd anniversary