Penal Code
An individual commits an offense if he engages in sexual intercourse with a person he knows to be his ancestor by blood or adoption
The court will examine the totality of the circumstances surrounding the seizure or detention to determine if there were sufficient facts and circumstances present to satisfy the ___ amendment
An operator may not cross a sidewalk or drive through a driveway, parking lot, or business or residential enmtrance without stopping the vehicle.
TC 545.423 Crossing Property
5.04 Duties of Peace Officers
The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence are to protect _____ ________ _______ of family violence, enforce the laws of this state, enforce a protective order from another jurisdiction, and make lawful arrests of violators.
Any potential victim
Scenario:
An officer is dispatched to a family fight. While investigating the incident the female half tells the officer that when she called the police her husband hig a bag of cocaine in the kitchen cabinet. Her husband is still at the scene and is being interviewed in the other room. The wife grants consent for the officer to search the drawer. -- Can the officer search the drawer and retrieve the cocaine?
Nope. If the husband is on scene still, permission has to come from both spouses. Remember: if one says no the answer is NO.
What are the elements of an offense?
The forbidden conduct, culpable mental state, any required result
Intent (to take a person into custody)
Authority (authorized by law to make an arrest)
Actual seizure (person arrested is taken into custody)
Understanding (by the person being arrested)
Gross combination weight rating of 26,001 pounds or more, if the gross vehicle weight rating of the towed vehicle exceeds 10,000 pounds
Class A CDL
What is double jeopardy?
The prosecution of a person twice for the same offense.
What are the 3 field sobriety tests? Which is the most accurate according to the San Diego Field Validation study?
Horizontal gaze nystagmus (most accurate), Walk and turn, One leg stand
A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or MV without effective consent of the owner
Probable cause is transferrable from officer to officer under the
Collective Knowledge Doctrine
A vehicle without motive power, designed to be drawn by another vehicle and secured to the other vehicle by pole, reach, boom, or other security device
Pole trailer
When a magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is?
Examining court
This method of crime scene search is most effective for outside searches:
Strip search
Point-to-point search
Quadrant search
Aerial Search
Strip search
A person commits an offense, if with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang, the person commits or conspires to commit one or more of: murder, capital murder, arson, aggravated robbery, etc.
PC 71.02 Engaging in Organized Criminal Activity
Sufficient articulable facts and circumstances, and reasonable inferences drawn from those facts, which would lead a reasonable officer to conclude that criminal activity is afoot.
Reasonable Suspicion
Headlamp requirements: Color, height, visibility
What is the fine if any sheriff or other officer willfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness?
A fine of $10-$200
According to the Health and Safety Code, a substance that has an addiction-forming or addiction-sustaining liability similar to morphine or is capable of conversion into a drug having addiction-forming or addiction-sustaining liability is classified as a/an:
Opiate
It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another
PC 8.05 Duress
List the days allowed for a search warrant to run: DNA, Digital media, and all other warrants
A self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires.
Motor vehicle
In what county must a protective order be filed?
County where victim or offender lives
You arrest husband for assaulting his wife, now the wife stands in front of your vehicle. What offense is she committing?
PC 38.15 Interference with Public Duties