Exam 11: Offenses Against Government Operations

A robbery of a convenience store is reported to the police.Thirty minutes later,Roger,a police officer,observes Jack Jackson walking rapidly down the sidewalk.Jack meets the description of the robber.As Roger turns his police car in Jack's direction,Jack steps into an alleyway hoping to avoid being seen.Roger exits his police car and intercepts Jack on foot.He detains Jack in order to determine if Jack is the robber.Jack,however,is not in fact the robber but believes a misdemeanor traffic warrant for his arrest may be outstanding.So,when Roger asks Jack his name,Jack replies,"William Wilson." At that moment,Reuben,Jack's brother,walks up and says,"Jack.Why have the cops stopped you?" At this point Roger realizes that Jack has given him a fictitious name.Subsequent investigation reveals Jack's true name and that he is not the robber.Under these facts,Jack has committed:

Evading arrest is an offense only if the peace officer who is attempting to make the arrest is wearing a police distinctive uniform.

Assume a peace officer observes the commission of an offense and decides to arrest the offender.The suspect objects to being arrested and flees the scene.What are the key elements that determine whether suspect has committed the offense of evading arrest,resisting arrest,or escape?

To commit the offense of evading arrest or detention,the offender must intentionally flee from a peace officer he knows is attempting to ________ detain or arrest him.

Trooper Tommy arrests Rocco for driving while intoxicated.Rocco is handcuffed and placed in the back seat of the trooper's vehicle.Trooper Tommy drives to the county jail.At the jail,Rocco,who to this point has been cooperative,changes his attitude.He becomes belligerent and uncooperative.When Tommy tries to remove Rocco from the patrol car,Rocco begins kicking at Tommy and scooting to the far side of the car.Rocco then slides forward and locks his legs around Tommy and will not let go.Trooper Tommy resolves the matter by squirting Rocco with pepper spray.Rocco becomes cooperative.In addition to other possible charges,Rocco has committed:

Carla is walking down a crowded street during fiesta in San Antonio.She is smoking a marijuana cigarette.A police officer smells the burning marijuana and approaches Carla.She sees the officer and tries to drop the cigarette into the storm sewer but the butt simply rolls into the street where the officer recovers it.In addition to the possession of marijuana charge,Carla has committed the offense of tampering with physical evidence.

Influencing a public servant's conduct by the offer of sexual favors violates the bribery statute.

Paul observes two men carrying a television set out the front door of his neighbor's home.Paul knows that the neighbor is in Paris on vacation.Suspecting a burglary in progress,Paul calls the police and an officer responds while the two men are still at the house.A quick investigation reveals that the two men are the neighbor's sons who are replacing the television with a new one as a birthday present for their father.Paul has committed false report to a peace officer because no burglary was actually occurring.

Around midnight,Jack and Roderick are standing on the street corner.They are in an area of town known for street drug sales.As a police car rounds the corner,Jack and Roderick began to walk briskly away from the corner.The police car follows Roderick who then breaks into a run.Suspecting Roderick has been engaged in some criminal activity,a police officer jumps from the car and chases Roderick.He forcibly detains Roderick and asks Roderick his name and to produce identification.Roderick responds by saying and doing nothing.Up to this point Roderick has committed:

Should the failure to report a felony statute be expanded to include all felony offenses? What would be the objectives of such an expansion?

Kyle and Roger don Halloween masks and rob the First National Bank.Upon escaping they go to the home of their friend Harry.Harry owes Roger a favor so Harry agrees to dispose of the masks.Subsequently,Harry burns the masks in his barbeque grill.Harry has committed no offense because he received no financial benefit in destroying the evidence.

Given the contemporary issues of unlawful migration and foreign terrorism,what are the pros and cons of requiring American citizens to carry on their person identification information and display such information to a peace officer on demand?

Jorge,a reformed drug dealer,learns that his neighbor Pablo is manufacturing methamphetamine in his garage.Under provisions of the Texas Penal Code,Jorge has:

In order to violate the Texas escape statute one must first be in custody.

Bobby is a deputy sheriff assigned to investigate drug cases.Bobby has a hunch that Marla,who has previously been convicted of illegal drug possession,is manufacturing illegal methamphetamine ("meth")in her cabin in the woods.He has no direct evidence of this but believes strongly in his hunch.He goes to a judge to obtain a search warrant for the cabin.In his sworn affidavit Bobby falsely states that a reliable informant has purchased "meth" from Marla on two occasions recently.Based on the affidavit,the judge issues the search warrant.Bobby searches Marla's cabin and does indeed find "meth." However,at her trial the defense proves that Bobby lied on the affidavit for the warrant.Which of the following statements is true regarding this situation?

Sam,a deputy sheriff,stops two juveniles who are walking down the street on Halloween night.Sam has responded to a report of minor vandalism in the neighborhood and the two juveniles look like potential suspects.As he is questioning the two,Robert,an attorney,shouts,"Don't say anything kids.No one ever went to jail for remaining silent." The kids heed the advice and refuse to answer Sam's questions.Robert's conduct constitutes:

Joab is a member of the North Dallas Pharaohs,an urban street gang that deals in stolen goods and marijuana.One night,Joab observes three fellow gang members severely beat Reginald,an individual who stole some marijuana from one of the gang members.Joab never hits Reginald but merely witnesses the event.The gang members leave Reginald lying in a parking lot with several broken bones and a concussion.The next day police investigators question Joab about the incident.He admits to being at the scene of the assault but denies engaging in the beating of Reginald.The police can properly charge Joab with:

Rick is detained by a police officer after being observed in an area where several acts of vandalism have recently occurred.Rick commits failure to identify if he provides the police officer with a ________ name,address,or date of birth when requested.

James has not paid his apartment rent for four months and the landlord wants him removed from the apartment.The landlord has sought a court order evicting James.However,James is well liked by other residents.These residents are aware that due to having lost his job,James has been unable to pay the rent.When a deputy constable arrives to serve the eviction order,a dozen residents surround the officer's automobile and prevent him from exiting the vehicle.The officer warns the crowd to depart or be arrested.When the crowd does not disperse,the deputy uses his radio to summon additional officers.Which of the following statements is correct regarding this situation?

Susan is out on a blind date with Roderick.They go to the movie.After the movie,they drive around for a while in Roderick's car.While driving,Roderick is drinking vodka from a paper cup.Susan suggests that Roderick not drink and drive but he tells her that he does it all of the time and has never been stopped by the police.About midnight,Roderick,now very intoxicated,returns Susan to her home.Susan has a legal duty to: