Test Prep Test Prep Certifications TCLEOSE Questions & Answers

• Question 121:

  Which of the following would not be a reason for the issuance of subpoena?

  A. to appear before a court to testify in a criminal action

  B. to appear at a habeas corpus hearing

  C. at an administrative hearing

  D. to appear before a grand jury

  Correct Answer: C

• Question 122:

  A __________ may specify that, if a witness has in their possession, any instrument of writing or other thing desired as evidence, such evidence must be brought by the witness and produced in court.

  A. writ

  B. subpoena duces tecum

  C. information

  D. indictment

  Correct Answer: B

• Question 123:

  A person may be fined up to $500 if they refuse to obey a subpoena in a __________ case.

  A. misdemeanor

  B. felony

  C. civil

  D. municipal court

  Correct Answer: B

• Question 124:

  Which of the following statements is not correct concerning section 8.04 of the Code of Criminal Procedure, Dispersing Riot?

  A. it is the duty of every peace officer or magistrate to cause such persons assembled together in such a manner as to constitute a riot to disperse

  B. they may only be dispersed by commanding them to do so

  C. they may be dispersed by arresting the persons engaged

  D. the arrest to disperse may be made with or without a warrant

  Correct Answer: B

• Question 125:

  A peace officer may arrest, without warrant, for which of the following?

  A. he has probable cause to believe that the individual has violated a Protective Order and it occurs in the officers presence

  B. persons found in suspicious places under suspicious circumstances that indicate that individual has committed a felony offense

  C. persons who the officer has probable cause to believe have committed an assault resulting in bodily injury to another and the peace officer has probable cause to believe that there is danger of further injury

  D. all of the above are situations where a peace officer may arrest without a warrant

  Correct Answer: D

• Question 126:

  Which of the following statements is true concerning arrest without a warrant as outlined in the Code of Criminal Procedure?

  A. a peace officer, or anyone, may, without a warrant, arrest an offender when they commit any offense within their view or presence

  B. a peace officer may arrest, without warrant, a person who commits any offense within the presence or view of a magistrate and the magistrate orders the officer to arrest the offender

  C. when it is shown by satisfactory proof that a person has committed a felony offense and that the offender is about to escape, so that there is no time to obtain a warrant, a peace officer may pursue and arrest the individual without a warrant

  D. none of the above are true statements concerning arrest without warrant

  Correct Answer: C

• Question 127:

  For which of the following is there no time limit for presentation of an indictment?

  A. Manslaughter

  B. Burglary

  C. Murder

  D. Both murder and manslaughter have no time limit

  Correct Answer: D

• Question 128:

  Unless specifically stated for the offense, generally speaking, you have _______ years from the date of commission to present a felony indictment.

  A. 2

  B. 3

  C. 5

  D. 10

  Correct Answer: B

• Question 129:

  Which of the following is NOT true regarding Art 6.06 of the Code of Criminal Procedure, Prevention of Injury?

  A. It is the peace officer's duty to prevent the commission of an offense against the person or property of another, including the person or property of the spouse

  B. The peace officer may summon any number of citizens of his county to his aid

  C. The peace officer may use only that force which is necessary to prevent the commission of the offense, and no greater

  D. The officer need not protect the property of the spouse since this is community property

  E. It is the peace officer's duty to prevent a person from injuring himself

  Correct Answer: D

• Question 130:

  Which of the following is NOT an objective of the Code of Criminal Procedure?

  A. To adopt measures for preventing the commission of crime

  B. To insure the uniform enforcement of the laws of the State of Texas

  C. To insure a fair and impartial trial

  D. To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal

  E. All of the above are correct

  Correct Answer: B