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Criminal Code Procedure > CCP > Flashcards

CCP Flashcards

1
Q

A Law Enforcement-Initiated action based on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity.
A) ethnicity
B) Racial Profiling
C) A and B

A

B) Racial Profiling

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2
Q

_____ has original jurisdiction in class A and B misdemeanors.

A) County Court
B) Municipal Court
C) District Court

A

A) County Court

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3
Q

A warrant of arrest issued and signed only by a mayor of an incorporated city or town can be executed:

A) Only in the municipality
B) Only in the state
C) Only in the court in which it was issued

A

C) Only in the court in which it was issued

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4
Q

CCP Article 2.17 requires that when a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by the ______________.

A) Constable
B) Arresting Officer
C) Sheriff

A

C) Sheriff

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5
Q

An instrument issued by the clerk of a court or a justice of the peace commanding that the person named therein appear at a specific time and place is a/an

A) subpoena
B) commitment
C) Writ of attachment

A

A) Subpoena

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6
Q

Who are Peace Officers?

A) Constables / Deputies
B) Both Constables/Sheriffs and each of their Deputies
C) Marshals

A

B) Both Constables / sheriffs and their deputies

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7
Q

If a witness refuses to obey a subpoena, he may be fined at the discretion of the court, ______ dollars in a misdemeanor case.

A) $100
B) $500
C) $300

A

A) $100

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8
Q

What public official is responsible for conducting inquests in counties that do not have medical examiners?

A) Peace Officers
B) Justice of the peace
C) District Attorney

A

B) Justice of the peace

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9
Q

Senators and Representatives shall, except in cases of _____________be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing for one day for every twenty miles such member may reside from the place at which the Legislature is convened.

A

Felony
Breach of peace
Treason

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10
Q

When an officer is handling a family violence case, he or she must

A) separate the victim
B) Give verbal notice to the alleged victim of his rights
C) Give a written notice to the alleged victim of his or her rights.

A

C) Give a written notice to the alleged victim of his or her rights.

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11
Q

The _____ is a conservator of the peace in his county.

A

Sheriff

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12
Q

A peace officer _________________, when a felony or Class “A” misdemeanor has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.

A) shall arrest, without a warrant
B) may arrest, without a warrant
C) may arrest, with a warrant

A

B) may arrest, without a warrant

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13
Q

If a witness refuses to obey a subpoena, he may be fined at the discretion of the court, _______ dollars in a felony case.

A) $500
B) $100
C) $250

A

A) $500

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14
Q

An arrest in Texas may be made:

A) anytime except Sundays
B) Night
C) day
D) Anytime

A

D) Anytime

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15
Q

A peace officer _______ arrest a suspect if he has probable cause to believe he has violated a protective order under PC 38.112, and it does occur in his presence.

A) may not
B) shall not
C) shall

A

C) shall

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16
Q

The affidavit made before the magistrate or the district or court attorney charging the commission of an offense is called

A) indictment
B) complaint
C) judgement

A

B) Complaint

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17
Q

______promptly make a detail report of the incident and deliver it to the supervisor of the peace officer making the report

A

Shall

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18
Q

Any Sheriff or other officer shall willfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process which it is made his duty by law to execute, he shall be liable for a fine no less than_____ no more than_______

A) $100 - $200
B) $10 - $199
C) $10 -300
D) none

A

D) none The correct answer is $10 $200

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19
Q

Each Sheriff____be a conservator of the peace in his county, and ___arrest all offenders against the laws of the state in his view or hearing, and take them before the proper court for examination or trial.

A) may/shall
B) shall/shall
C) shall/may

A

B) Shall, shall

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20
Q

When a prisoner is committed to jail by a warrant from a magistrate or court , he shall be placed in jail by the ______.

A

Sheriff

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21
Q

On receipt of a report that is assigned the highest priority in accordance with rules adopted by the dept of family and protective services under sec 261.301(d), Family Code, and that alleges an immediate risk of physical or sexual abuse of a child by a person responsible for the care, custody, or welfare of the child a peace officer from the appropriate local law enforcement agency shall investigate the report jointly with the department or with the agency responsible for conducting an investigation under Subchapter E, Chapter 261, Family Code. As ___________after being notified by the department of the report, but no later than _______hours after being notified. The peace officer shall accompany the department investigator in initially responding to the report.

A) soon as practicable / 36 hrs
B) soon as possible / 30 hrs
C) soon as possible / 24 hrs

A

C) Soon and possible / 24 hrs

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22
Q

On receipt of information to the effect that a person identifying information was falsely given by a person arrested as the arrested person’s identifying information, the local LE agency responsible for collecting indemnifying information on arrested persons in the county in which the arrest was made shall:

A

Notify the person that
1-The person identifying information was misused by another person arrested in the county.
2- the person may file a declaration with DPS
3-the person is entitled to expunction of info contained in criminal records and files

23
Q

A PO to whom an alleged violation of sec 32.51 (Fraudulent use or possession of information) Penal Code, is reported shall make a written report to the LE agency that employs the peace officer that includes the following info:

A

1-name of victim
2-name of suspect (if known)
3-type of info obtained, possessed, transferred, or used in the violation
4-results of investigation

24
Q

A PO who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a written report including but not limited to:

A

1-name of suspect and complainant
2-date, time, and location
3-visible or reported injuries
4-description of the incident and a statement of its disposition
5-whether the suspect is military on AD status

25
Q

Except as provided by subsection (b), a PO who encounters an injured person while discharging the officers official duties shall immediately and as necessary
A) request EMS
B) standby while waiting for EMS
C) do not touch the person

A

A) request EMS

26
Q

CCP 2.33
A PO_____intentionally use a choke hold, carotid artery hold, or similar neck restraint in searching or arresting a person unless the restraint is necessary to prevent serious bodily injury to or the death of the officer or another person

A) May
B) May not
C) Shall not

A

B) May not

27
Q

CCP 2.30
A PO who investigates the alleged commission of an offense under subsection (a) shall prepare a written report that includes
Which on the below is applicable?
A) date, time, and Location of the incident
B)any visible or reported injuries
C) the name of suspect
D) A and B only

A

D) A and B only

28
Q

CCP 5.02
An act by a member of the family or household against another member of the family or household that’s intended to result in physical harm, bodily injury, assault, or sexual assault, but does not include defensive measure to protect oneself

A) dating violence
B) family violence
C) abuse

A

B) family violence

29
Q

CCP 5.02
Includes individuals related by consanguinity or affinity, as determined under section 573.022 and 573.024 Government Code, individuals who are former spouses of each other, individuals who are parents of the same child, without regard to marriage, and foster child and foster parent, without regard to whether those individuals reside together
A) Household
B) Member of a household
C) Family

A

C) Family

30
Q

A unit composed of persons living together in the same dwelling, without regard to whether they are related to each other

A) Family
B) Household
C) None of the above

A

C) Household

31
Q

CCP 5.02
Includes a person who previously lived in a household

A) Resident
B) Member of a Household
C) Family

A

B) Member of a Household

32
Q

CCP 5.03
Does a PO duties exempt when dealing with family violence or investigation because of a family or household?

Yes
No

A

NO

33
Q

CCP 5.04
Protect the victim, enforce the law of this state, enforce protective order from another jurisdiction, and make lawful arrests of violators

A) Duties of Peace Officers
B) Penal Code definition of Duties of Peace Officer
C) Powers of a Peace Officer

A

A) Duties of a Peace Officer

34
Q

CCP 5.04
A PO who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall determine whether the address of the persons involved in the allegation or call matches the address of
A) All parties involved
B) current licensed foster home
C) Victim’s address

A

B) current licensed foster home

35
Q

CCP 5.04
A PO who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim of all reasonable means to prevent further violence including
A) verbal warning
B)A and C
C) written notice of victim legal rights
D) provide shelter

A

C) written notice of victim legal rights

This notice is written in CCP 5.04 verbatim

36
Q

CCP 7B.101

CCP 7B.101
A person may request the court to issue a protective order under Title 4, Family Code for which offense ?

A) Graffiti 28.08
B) Graffiti 28.03
C) assault 22.01

A

A) Graffiti 28.08

37
Q

CCP 7B.101

CCP 7B.101
A person may request the court to issue a protective order under Title 4, Family Code for which offense ?

A) Arson 28.02
B) Arson 28.03
C) criminal mischief 28.08

A

A) Arson 28.02

38
Q

CCP 7B.101
A person may request the court to issue a protective order under Title 4, Family Code for which offense ?
A) Criminal Mischief 28.06
B) Criminal Mischief 28.03
D) Arson 28.09

A

B) Criminal Mischief 28.03

39
Q

CCP 7B.001
According to this paragraph “The following persons may file an application for protective order under this subchapter without regard to the relationship between the applicant and the alleged offender” for which offense?
A) trafficking of person
B) Trespass
C) Robbery

A

A) trafficking of persons 20A.02

40
Q

PC 20A.02

receives a benefit from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services

Is an example of

A) prostitution
B) trafficking of persons
C) promotion of prostitution

A

B) Trafficking of persons

41
Q

Who may call any military company in the county to aid him in overcoming the resistance, and if necessary, seizing and arresting the person engaged in such resistance

A) the sheriff
B) the district attorney
C) the chief of police

A

The sheriff

42
Q

CCP 7B.002
The court with further notice to the alleged offender and without a hearing may issue a temporary ex parte order

True
False

A

False
**without further notice

43
Q

CCP 7B.004
In a hearing on an application for a protective order under this subchapter, a statement that is made by a child younger than____ years of age who is a victim of and offense 21.02,21.11,22.011,22.012,22.021, penal code, and that describes the offense committed against the child is_________as evidence in the same manner that a child’s statement regarding alleged abuse against the child

A) 15/admissible
B) 13/Not admissible
C) 14/admissible

A

C) 14/ admissible

44
Q

CCP 7B.008
In a protective order, the court may suspend a license to carry a handgun issued under section 411.177, Government code, that is held by the alleged offender

True
False

A

True

45
Q

CCP 15.051
A PO, or an attorney representing the state ____required, request, or take a polygraph examination of a person who charges or seek to charge in a complaint the commission of an offense under section 21.02, 21.11, 22.011, 22.021 or 25

A) may
B) shall
C) may not

A

C) may not

46
Q

CCP 15.051 Polygraph Examination of Complainant Prohibited

Can the complaint be dismissed solely because the complainant did not take the polygraph examination?

Yes
No

A

No

47
Q

CCP 56A.251
If a sexual assault is reported to LE agency within_____hours after the assault, the LE agency, with the consent of the victim of the reported assault, a person authorized to act on behalf of the victim, or an employee of dept of Families Protective Services, ____request a forensic medical examination of the victim for use in the investigation

A) 115 / shall
B) 120 / shall
C) 100 / may

A

B) 120 / shall

48
Q

CCP 56A.3515
Before conducting an investigative interview with a victim reporting a sexual assault, other than a victim who is a minor as defined by section 101.003, Family Code, the PO conducting the interview shall offer the victim the opportunity to have an advocate from a sexual assault program as defined by section 420.003, Govt Code, be present with the victim during the interview

True
False

A

True

49
Q

CCP 56A.3515
An advocate, liaison officer, or counselor authorized to be present during an interview under this article may only provide the victim with:

A) counseling and other support services
B) counseling only
C) Information regarding the rights of a crime victims
D) A and C

A

D) A and C

50
Q

CP 58.156

A public servant commits an offense if the public servant:
(1) has access to the name, address, or telephone number of a victim 17 years of age or older who has chosen a pseudonym under this subchapter; and
(2) knowingly discloses the name, address, or telephone number of the victim to:
(A) a person who is not assisting in the investigation or prosecution of the offense; or
(B) a person other than:
(i) the defendant;
(ii) the defendant’s attorney; or
(iii) the person specified in the order of a court.

A) improper information handling
B) offense
C) improper disclosure

A

B) offense

51
Q

CP 58.156

Unless the disclosure is required or permitted by other law, a public servant or other person commits _______if the person:
(1) has access to or obtains the name, address, or telephone number of a victim younger than 17 years of age; and
(2) knowingly discloses the name, address, or telephone number of the victim to:
(A) a person who is not assisting in the investigation or prosecution of the offense; or
(B) a person other than:
(i) the defendant;
(ii) the defendant’s attorney; or
(iii) a person specified in an order of a

A) an offense
B) improper disclosure
C) multiple offenses

A

A) an offense

52
Q

CCP 58.156
A public servant who has access to name, address and telephone number information of a person of 17 years or older and disclose it to any other person not assisting the investigation has committed an offense and is punishable by which misdemeanor

A) class B
B) class C
C) class A

A

B) class C

53
Q

CCP 58.102
A victim may choose a pseudonym to be used instead of the victim’s name to designate the victim in all public files and records concerning the offense, including police summary reports, press releases and records of judicial proceedings

True
False

A

True

54
Q

CCP 58.156
What type of misdemeanor is used for an officer who commits an offense of knowingly disclosing information such as address, name and telephone number of a victim who’s 17 years of age or older ?

A) F1
B) class C
C) class A
D) SJF

A

B) class C

Criminal Code Procedure (1 decks)

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