Exam 12: Public Disorder,Indecency,Health,and Safety Offenses

Under Texas law,before political demonstrators may be arrested for disorderly conduct or obstructing a passageway,the police must first afford the protestors the opportunity to ________,________,or otherwise remedy the situation.

Many public disorder offenses are crimes only because the conduct occurs in a public place.Which of the following meets the definition of a "public place"?

A group of individuals are marching in front of the police station.They are carrying signs protesting police brutality.The protesters are loudly chanting "Stop police murders.Stop police murders." The sound of the protest can be heard inside the police station and in several nearby business.Several merchants call the police and ask if the protestors can be arrested or dispersed as the chants are disruptive to their businesses.Before the police may arrest the protesters for disorderly conduct,the protestors must be:

Persons who are exercising their right of free speech are never in violation of a criminal statute because such conduct is absolutely protected by the First Amendment to the Constitution.

Under Texas law,privately owned property can still constitute a public place.

On occasion,persons who are demonstrating in a public place in protest of some political or social issue may violate the disorderly conduct or other statute.In an effort to balance their First Amendment rights against the need for public order,the police are normally required to give the demonstrators a reasonable time to cease their unlawful behavior before arresting them.

A classroom at a private university is considered to be a public place under Texas law.

Janet and Monica are celebrating Mardi Gras in Galveston.They observe a passing parade.They get caught up in the moment and join in the parade.About two blocks down the street they begin lifting their blouses and displaying their bare breasts to the crowd.The crowd cheers but a nearby police officer is not amused.The two women have committed:

When dealing with political protestors,the police must protect the ________ Amendment rights of the protestors prior to arresting anyone.

Joe and Steve are stuck in rush-hour traffic.A gap in traffic appears in the adjacent lane.At the same time both Joe and Steve steer their vehicles in the direction of the gap.Joe must brake suddenly to keep from hitting Steve's vehicle.Angry at Steve's quick lane change,Joe makes an obscene sign with his finger.Steve,a police detective driving an unmarked police vehicle,flashes his badge in return and directs Joe to pull his vehicle off the roadway.Steve would act correctly if he:

Every Friday night,Jack organizes a poker game in his home.Friends from the neighborhood and his work join in the game.Everybody chips in $10 for beer and snacks.At the end of a typical evening the winner may gain as much as $50.Neither Jack nor any of the other players are in violation of the Texas gambling statute because of the:

Leon is arrested in possession of a substantial amount of marijuana.Whether he will be charged with a misdemeanor or felony offense will be based primarily upon the ________ of the marijuana.

Roger approaches Melody who is standing a street corner where prostitutes are known to gather.Roger offers Melody $50 to engage in sexual intercourse.Melody agrees and tells Roger to meet her in room 37 of the motel around the corner.When Roger arrives at the motel room,he is arrested by vice officers.He learns that Melody is an undercover police officer.Roger has violated the prostitution statute because he solicited Melody in a public place.

It is lawful for an individual driving a motor vehicle on Texas roads to have a concealed handgun in their vehicle.

The core element of the Texas law prohibiting gambling is the act of placing a bet.Without a bet,no act of gambling has occurred.Which of the following is the statutory definition of "bet"?

Loud parties at private residences are a common complaint in some neighborhoods.Unhappy neighbors may contact the police and complain about the noise.The partiers may be violating the disorderly conduct statute if the noise is unreasonable.Whether or not such loud partying constitutes a legally unreasonable noise is determined using the ________ standard.

Paco has been out drinking beer with his friends.While going home he feels the need to urinate.He stops his car on a residential side street.He exits the vehicle and walks to the curb side of the car.While urinating against the right front tire,another vehicle comes down the street.Its headlamps shine directly on Paco.Paco has committed:

Jason earns money by selling cocaine to other students at his college.One day Jason makes the mistake of selling a bag of cocaine to an undercover police officer.Later that day Jason is arrested.Jason will be charged not with the offense of selling cocaine but rather with the offense of ________ of a controlled substance.

Streets,highways,common areas of schools and shops have one thing in common: they are all deemed to be a ________ place under Texas statute.

Texas statute defines the phrase "unreasonable noise" as any sound that exceeds 50 decibels for at least one minute.