Arrest Under Warrant Flashcards

0
Q

Art. 15.02. REQUISITES OF WARRANT. It issues in the name of “The State of Texas”, and _____ be sufficient, _____ regard to form, if it have these substantial requisites:
2. It must _____ that the person is accused of some _____ against the laws of the State, naming the offense.

A

shall; without; state; offense

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1
Q

Art. 15.02. REQUISITES OF WARRANT. It issues in the name of “The State of Texas”, and _____ be sufficient, _____ regard to form, if it have these substantial requisites:
1. It must specify the _____ of the person whose arrest is ordered, if it be known, if unknown, then some _____ definite description must be given of him.

A

shall; without; name; reasonably

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2
Q

Art. 15.02. REQUISITES OF WARRANT. It issues in the name of “The State of Texas”, and _____ be sufficient, _____ regard to form, if it have these substantial requisites:
3. It must be _____ by the _____, and his office be _____ in the body of the warrant, or in connection with his signature.

A

shall; without; signed; magistrate; named

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3
Q

Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS. (a) A _____ may issue a warrant of arrest or a _____:
1. In _____ case in which _____ is by law authorized to order verbally the arrest of an offender;

A

magistrate; summons; any; he

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4
Q

Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS. (a) A _____ may issue a warrant of arrest or a _____:
2. When _____ person _____ make oath before the magistrate that another has committed some offense against the laws of the State.

A

magistrate; summons; any; shall

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5
Q

Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS. (a) A _____ may issue a warrant of arrest or a _____:
3. In _____ case named in this Code where he is specially _____ to issue warrants of arrest.

A

magistrate; summons; any; authorized

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6
Q

Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS: (b) A _____ may be issued in any case where a _____ may be issued, and _____ be in the same form as the warrant except that it shall summon the _____ to appear before a magistrate at a stated time and place. The _____ shall be served upon a _____ by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant’s last known address. If a defendant fails to appear in response to the summons a warrant shall be issued.

A

summons; warrant; shall; defendant; summons; defendant

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7
Q

Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS: (c) For purposes of Subdivision 2, Subsection (a), a person may appear before the magistrate in person or the person’s _____ may be presented to the magistrate through an _____ broadcast system.

A

image; electronic

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8
Q

Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS: (d) A _____ of the communication between the person and the magistrate must be made if the person’s _____ is presented through an _____ broadcast system under Subsection (c). If the defendant is _____ with the offense, the recording must be preserved until:

(1) the defendant is _____ of the offense; or
(2) all _____ relating to the offense have been exhausted.

A

recording; image; electronic; charged; acquitted; appeals

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9
Q

Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS: (e) The _____ for the defendant may obtain a copy of the _____ on payment of an amount reasonably necessary to cover the costs of reproducing the _____.

A

counsel; recording; recording

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10
Q

Art. 15.05. REQUISITES OF COMPLAINT. The complaint _____ be sufficient, without regard to form, if it have these substantial requisites:

  1. It must state the _____ of the accused, if known, and if not known, must give some reasonably definite description of him.
  2. It must show that the accused has _____ some _____ against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has committed such offense.
  3. It must state the _____ and _____ of the commission of the offense, as definitely as can be done by the affiant.
  4. It must be _____ by the affiant by writing his name or affixing his mark.
A

shall; name; committed; offense; time; place; signed

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11
Q

A peace officer or an attorney representing the state _____ require a _____ examination of a person who charges or seeks to charge in a complaint the commission of an offense under (sexual abuse of child, indecency w/child, sexual assault, agg sexual assault, prohibited sexual conduct).

A

may not; polygraph

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12
Q

(b) If a peace officer or an attorney representing the state requests a _____ examination of a person who charges or seeks to charge in a complaint the commission of an offense (sexual abuse of child, indecency w/child sexual assault, agg sexual assault, prohibited sexual conduct), the officer or attorney must _____ the complainant that the examination _____ required and that a complaint _____ be dismissed solely:
(1) because a complainant ____ take a polygraph examination; or
(2) on the basis of the _____ of a polygraph examination taken by the complainant.

A

polygraph; inform; is not; may not; did not; results

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13
Q

(c) A peace officer or an attorney representing the state _____ take a _____ examination of a person who charges or seeks to charge the commission of an offense (sexual abuse of child, indecency w/child, sex assault, agg sex assault) unless the officer or attorney provides the information (because a complainant did not take polygraph or on the basis of the results of the polygraph taken by the complainant) to the person and the person signs a _____ indicating the person understands the information.

A

may not; polygraph; statement

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14
Q

A complaint may not be _____ solely:

(1) because a complainant _____ take a _____ examination; or
(2) on the basis of the _____ of a _____ examination taken by the _____.

A

dismissed; did not; polygraph; results; polygraph; complainant

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15
Q

A _____ of arrest, issued by any county or _____, or by any magistrate (except _____ of an incorporated city or town), _____ extend to any part of the State; and any peace officer to whom said warrant is directed, or into whose hands the same has been transferred, _____ be authorized to execute the same in any county in this State.

A

warrant; district clerk; mayors; shall; shall

16
Q

When a _____ of arrest is issued by any _____ of an incorporated city or town, it _____ be executed in another county than the one in which it issues, except:

  1. It be _____ by a judge of a court of record, in which case it _____ be executed anywhere in the State; or
  2. If it be _____ by any magistrate in the county in which the accused is found, it may be executed in such county. The _____ shall be _____, and _____ officially by the magistrate making it.
A

warrant; mayor; cannot; endorsed; may; endorsed; endorsement; dated; signed

17
Q

A recording of the _____ between the arrested person and the magistrate shall be made. The recording shall be preserved until the earlier of the following dates: (1) the date on which the _____ hearing ends; or (2) the _____ day after the date on which the recording is made if the person is charged with a misdemeanor or the _____ day after the date on which the recording is made if the person is charged with a felony.

A

communication; pretrial; 91st; 120th

18
Q

In case of _____, the officer may break down the door of any house for the purpose of making an arrest, if he be _____ admittance after giving _____ of his authority and purpose.

A

felony; refused; notice