Scenarios
A female stated she was struck in the face with a closed fist by her boyfriend of two years. The female stated that she felt pain when struck by her boyfriend and even explained that the level of pain she felt was an 8 out of 10, 10 being the worst pain she has ever felt. You observe the female and see that there is only a slight cut on her left eyebrow. You speak to the boyfriend and he states he didn't touch her and that she just fell in the kitchen during the argument. The boyfriend has no apparent injuries and has made no claim of injury.
What do you have?
Assault Family Violence - Class A
A person commits what offense if, without the effective consent of the owner, the person:
(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
(b) For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body?
PC 30.02 - Burglary
When can you conduct a search of someone's person?
Consent and Lawful Arrest
An individual adjudged guilty of a felony of the ********* shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years.
First Degree Felony
A person acts __________ , or with *******, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts _________ , or with *******, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
Knowingly
You are dispatched to a suspicious incident called in by a home owner who is away on vacation. The caller states he saw a man on his security camera enter his residence and stated he should not be there. The caller requested you enter his home and remove the man from his residence.
You arrive on scene, knock and make announcements. While announcing the man comes to the front door and explains he was seeking shelter from the cold. The man has not taken anything and appears to be sick. The man identifies himself and Michael Jackson.
You confirm with the caller that he does not know Mr. Jackson and that he indeed wants to press charges. The caller confirms he wants to press charges.
What do you have?
Criminal Trespass - B
A person commits what offense if the person commits assault as defined in Sec ***** and the person:
(1) causes serious bodily injury to another, including the person's spouse; or
(2) uses or exhibits a deadly weapon during the commission of the assault?
PC 22.02 - Aggravated Assault
A Terry Frisk is based on __________ not full proof.
Reasonable Suspicion
An individual adjudged guilty of a __________ shall be punished by a fine not to exceed $500
Class C Misdemeanor
A person acts ________, or with *******, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
Intentionally
You interview a male who states that he and his friend got into an argument about whether Call of Duty or Battlefield was a better game. The male states the argument got heated and his friend pulled a gun on him. The male states his friend pointed the gun at his face and told him that he was going to shoot him if he didn't change his opinion on Call of Duty. The male states he was in fear of his life and truly believed his friend was going to shoot him so he ran away and called the police.
You speak to the friend and he confirms the males story but explains the gun wasn't a real gun and it was just a airsoft pistol. You observe the pistol and confirm it was indeed an airsoft pistol.
What do you have?
Aggravated Assault - Felony 2
A person commits what offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner?
PC 31.07 - Unauthorized Use of A Vehicle
The "Stop and Frisk" case was between which two parties?
Terry v. Ohio
An individual adjudged guilty of a felony of ******** shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. In addition to imprisonment, an individual adjudged guilty of a felony of the ********* may be punished by a fine not to exceed $10,000.
Second Degree Felony
A person acts _________, or is ******* with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
Recklessly
Sam states that he and brother John got drunk tonight and started wrestling. Sam states in between one of the matches John got upset because he kept losing, went to the kitchen, and grabbed a knife. Sam states that John lunged at him with the knife and cut his right hand. You observe Sam's right hand and see a laceration that appears to be consistent with something a sharp object would cause. Sam states that he felt pain when he was cut but that the pain he felt was mild because he is intoxicated.
You speak with John and John confirms most of what Sam stated other then the fact that he did not stab Sam instead John states that Sam tried to grab the knife away from John when he was making a turkey sandwich and cut himself in the process.
What do you have?
A person commits what offense if the person:
(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake?
PC 49.08 - Intoxication Manslaughter
In what case did The court reason that searches "incident to arrest" are limited to the area within the immediate control of the suspect. While police could reasonably search and seize evidence on or around the arrestee's person, they were prohibited from rummaging through the entire house without a search warrant?
Chimel v. California
An individual adjudged guilty of a __________ shall be punished by a fine not to exceed $4,000, confinement in jail for a term not to exceed one year, or both such fine and confinement.
Class A Misdemeanor
A person acts with ___________, or is ********, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
Criminal Negligence
What do you have?
PC 42.03
Obstructing Highway or Other Passageway
A person commits what offense if he recklessly causes the death of an individual?
PC 19.04 - Manslaughter
During a Terry Frisk, if an officer immediately recognizes an object as a weapon than can remove it. This is known as the __________ Rule.
Plain Feel
An individual adjudged guilty of a _________ shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days. In addition to confinement, an individual adjudged guilty of a _________ may be punished by a fine not to exceed $10,000.
State Jail Felony
List all for culpable mental states from Highest to lowest.
Intentional
knowing
Reckless
Criminal Negligence