CCP Flashcards
(187 cards)
1
Q
Explain Due Course of Law 1.04
A
No TX Citizen shall be deprived of life, liberty property, privileges or immunities or in any manner disfranchised except by due course of the law of the land.
2
Q
Explain Rights of the Accused 1.05
A
Right to speedy public trial
Not compelled to give evidence against yourself
Shall be confronted with witnesses against him
Compulsory process for obtaining witnesses in his FAVOR
No person shall be held to answer for a felony UNLESS on indictment of a grand jury.
3
Q
What is an Indictment and who is it issued by/for?
A
A charging instrument for a FELONY issued by the Grand Jury.
4
Q
What is an Information and who is it issued by/for?
A
A charging instrument for a MISDEMEANOR issued by the Prosecuting Attorney (DA)
5
Q
What is a NO BILL?
A
It’s OVER. No charges.
6
Q
Can a GRAND JURY issue an INFORMATION?
A
Yes, if FELONY gets downgraded to a MISDEMEANOR.
7
Q
When do you have a right to a court-appointed attorney?
A
Yes. If you’re INDIGENT and ONLY when jail time is possible.
8
Q
Who has to prove the suspect is INDIGENT?
A
The SUSPECT has to prove it.
9
Q
Who has RIGHT TO BAIL?
A
All prisoners UNLESS FOR CAPITAL OFFENSES when the proof is evident.
10
Q
What is a Bench Trial?
A
A trial without a jury. (The Judge decides)
11
Q
What is an EXAMINING COURT?
A
When the magistrate sits for the purpose of inquiring into a criminal accusation against any person. (IE: Any time a judge is looking at anything having to do with a crime or criminal)
12
Q
What 2 duties must you (or your agency) do in the case of arresting somebody using someone else’s identity?
A
- Contact the victim and advise him, and also tell him he can contact DPS for remedy.
- Contact DPS and advise them.
13
Q
How long does TX have to get an attorney for an indigent?
A
3 days, unless in a county with over 250,000. Then it’s 1 day.
14
Q
How many days does appointed counsel get to prepare for a proceeding?
A
10 days
15
Q
May a defendant waive in writing the right to counsel?
A
Yes, but must be advised of the dangers/disadvantages of not having counsel.
16
Q
If the defendant changes his mind and wants counsel, what are the effects?
A
Trial court may in its discretion provide 10 days for new counsel to prepare, but any proceeding held previously without counsel shall not be repeated.
17
Q
1.06 Search and Seizure. Describe.
A
People shall be secure in their persons, houses, papers and possessions from all unreasonable searches. Warrant must be detailed and specific, and must have probable cause supported by oath/affirmation.
18
Q
1.07 Right to Bail
A
All prisoners are bailable unless for capital offenses when proof is evident.
19
Q
1.08 Is Habeas Corpus allowed to be taken away?
A
No. A Habeas Corpus is a writ requiring a person under arrest to be brought before a judge/court, primarily for the purpose of securing release, and shall never be suspended.
20
Q
1.09 Describe Cruelty Forbidden.
A
No excessive bail or fines; no cruel/unusual punishment.
21
Q
1.10 What is Jeopardy?
A
Cant be tried twice for same crime.
22
Q
1.11 What is Acquttal a Bar?
A
Acquttal exempts from second trial for same offense BUT may be tried again if originally tried in a court with no jurisdiction.
23
Q
1.13 When can a prisoner NOT waive his right to trial by jury?
A
When it’s a capital felony case and the state notifies the court that it will seek the death penalty.
24
Q
1.16 Liberty of Speech and Press
A
You have right to speak write or publish opinion, but can be held liable for abuse of that privilege.
25
1.20 What is required to be convicted of treason?
Tesimony of two witnesses to same overt act OR confession in open court.
26
1.21 What is privilege of legislators?
Except for treason, felony or breach of peace, cannot be arrested during session of Legislature and going to/from same, allowing for 1 day per every 20 miles he resides from where Legislature convenes.
27
1.23 What is Dignity of State regarding writs?
All start with "The State of Texas" and end with "in the name and by authority of the State of Texas."
28
1.27 When does common law happen?
In unusual case where CCP doesn't cover an item.
29
2.09 Who are magistrates and what is their duty?
Supreme Court Justices; judges. Duty is to preserve the peace; issue processes to aid in preventing crime; cause arrests of offenders and ensure they may be brought to punishment.
30
2.11 What is an Examining Court?
When a magistrate sits for purpose of inquiring into a criminal accusation against any person.
31
2.12 What are PEACE OFFICERS?
Sheriffs & deputies; constables & deputies; marshals and police officers; Rangers & DPS; DA Investigators; TABC officers; government arson investigating units; Security Officers, Water Control and Improvement District officers.
32
2.13 What is the duty of a PEACE OFFICER?
Preserve the peace within the officer's jurisdiction by
1. interfering without warrant to prevent or suppress crime
2. execute all lawful process issued to the officer by magistrate
3. give notice to some magistrates about all offenses committed within the officer's jurisdiction
4. arrest offenders without warrant where officer is authorized by law in order to take before magistrate to be tried.
5. Duty of EVERY OFFICER to take possession of a child in danger (63.009)
33
2.132 Is Racial Profiling allowed?
NEVER!
34
2.16 What is punishment for neglecting to execute process?
Fine for contempt and not less than $10 or more than $200.
35
Who is the Conservator of the Peace?
The Sheriff.
36
59.02 Describe Forfeiture of Contraband?
Property that is contraband is subject to seizure and forfeiture. Any property that is contraband OTHER than property being held as evidence may be recovered by the owner.
37
Which courts have CRIMINAL JURISDICTION?
Court of Criminal Appeals; Courts of appeals; District Courts; Criminal District Courts; County courts, Justice Courts; Municipal Courts
38
What is the jurisdiction of the Courts of Appeals?
Appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases EXCEPT those where the death penalty has been assessed.
39
What is the jurisdiction of the Court of Criminal Appeals?
The whole state. ALL Death Penalty cases.
40
What is the jurisdiction of District Courts?
Original jurisdiction in all criminal felony cases, all misdemeanors involving official misconduct, and all misdemeanor cases transferred to the district court.
41
What is the jurisdiction of the County Courts?
Original jurisdiction of all misdemeanors of which original jurisdiction is not given to the justice court and when fine shall NOT EXCEED $500.
42
What is the jurisdiction of JUSTICE Courts?
Original jurisdiction of all criminal cases punishable by FINE ONLY; TABC violations.
43
What is the jurisdiction of Municipal Courts?
Exclusive original jurisdiction within municipal territory that arise under ordinances punishable by a fine not to exceed $2000 for fire, safety, zoning, public health or sanitation, or $500 for all other cases.
44
What are the duties of officers related to family violence prevention?
SERIOUS!! Responding officer SHALL protect the victim without regard to relationship between alleged offender and victim.
45
14.03 When can an officer arrest without warrant?
When a felony or a threat against peace is committed in his view OR if a magistrate verbally orders the arrest for witnessing a felony or threat against peace. Also:
1. may arrest those found in suspicious places and under circumstances which reasonably show they may have been guilty of some felony or about to commit some offense against the laws
2. Persons the officer has probable cause to believe committed assault resulting in bodily injury and he believes there is danger of further bodily injury to that person.
3. If violation of protective order and the officer has probable cause to believe it occurred.
4. Persons the officer has probable cause to believe committed a family violence offense.
5. Persons the officer have probable cause to believe prevented/interfered with emergency phone call.
6. Person who makes statement to officer that establishes probable cause the person has committed a felony.
7. SHALL arrest if protective order violation has occurred IN PRESENCE OF OFFICER.
46
1.05 Explain the Rights of the Accused?
1. Speedy Public Trial
2. Not compelled to give evidence against himself.
3. Confront witnesses against him
4. Compulsory process for obtaining favorable witnesses
5. Can't be held to answer for FELONY unless indicted by Grand Jury.
47
1.051 How long until an indigent must be assigned counsel?
No later than 3 days after requesting counsel; 1 day in counties containing more than 250,000 people.
48
1.14 Can a defendant waive his rights?
Yes. Except in case of Capital Felony, he may only waive right to jury trial if STATE consents to this in writing & in open court.
49
1.141: May a defendant waive indictment for non-capital felony?
YES, in which case he will charged by information.
50
1.15 Does a felony defendant have a right to jury trial?
YES. No defendant may be convicted BUT by jury unless he has waived his right to jury trial.
51
1.18: What is Outlawry and Transportation Out of State and may this be used against anybody?
Outlawry is banishment from the state, and is not allowed, nor is transportation out of state for any offense committed in Texas.
52
1.17: Religion - what must one do regarding oath in open court?
All oaths must be taken to that which is most binding on the conscience.
53
1.24 Describe the concept of Public Trial?
The proceedings and trials of all courts shall be public.
54
1.25 Describe concept of "Confronted by Witnesses"?
A defendant in a trial shall be confronted by witnesses in his trial, unless by deposition.
55
1.27 What must law fall upon in unusual cases where there is no previous case law or rule of procedure?
Common Law
56
2.121 What are Railroad Peace Officers?
Aid law enforcement agencies in the protection of railroad property and the protection of the persons and property of railroad passengers and employees.
57
2.122 What are Special Investigators?
Federal Agents such as FBI, Secret Service, ATF, etc. that are police officers but NOT Peace Officers. They have different duties/obligations.
58
2.123 What are Adjunct Police Officers?
College police officers.
59
2.124 Are Peace Officers from adjoining states considered Texas PEACE officers?
No, unless they are transporting a prisoner to/from a Texas hospital or mental facility.
60
2.125 What are Special Rangers?
DPS may appoint up to 50 Special Rangers who work for the Texas and Southwestern Cattle Raisers Association. They are responsible for investigation of livestock theft or related property.
61
2.126 Is the Alabama-Coushatta Indian Tribe authorized to have Peace Officers?
Yes, to enforce state law within the boundaries of the reservation.
62
2.13 What are the duties of a peace officer?
Primary: PRESERVE THE PEACE within jurisdiction. Also
1. Interfere without warrant to prevent or suppress crime.
2. Execute lawful warrants
3. Give notice to some magistrate of all offenses committed in jurisdiction
4. Arrest offenders without warrant in each case where authorized by law to be taken before magistrate/court and tried.
It is the DUTY of every officer to take possession of a child under Article 63.009.
63
2.16 What is punishment for neglecting to execute process?
Fine for Contempt ($10 to $200)
64
2.17 Who is the Conservator of the Peace?
Sheriff
65
2.18 Who is responsible for ensuring a prisoner is committed to jail?
Sheriff
66
2.20 Who may perform duties on behalf of the Sheriff?
Deputies or, if no sheriff, officers under the law.
67
2.27 What act is of the HIGHEST PRIORITY?
Response to Child Abuse/Neglect.
68
2.27 In the event of a report by Dept. of Families and Protective Services, how quickly must the local law enforcement agency accompany the department investigator in response to the report?
No later than 24 hours!
69
2.271 Explain Investigation of Certain Reports Alleging Abuse, Neglect or Exploitation (tip: old folks)
Appropriate local law enforcement agency SHALL investigate the report as required by Health and Safety Code.
70
2.28 What are duties upon misused identity?
1. Notify person that identifying information was used by another person arrested and advise them to contact the DPS.
2. Contact DPS to advise them.
71
2.29 If a victim reports their ID was fraudulently used, what action are you required to do?
Take a report to include:
1. name of victim,
2. name of suspect,
3. type of information obtained, possessed, transferred or used.
4. results of any investigation
72
2.30 What must you include in a report in which you investigated, under Section 22:
```
Assault
Aggrevated Assault
Sexual Assault
Aggrevated Sexual Assault
Terroristic Threat
```
(1) the names of the suspect and complainant;
(2) the date, time, and location of the incident;
(3) any visible or reported injuries;
(4) a description of the incident and a statement of its disposition; and
(5) whether the suspect is a member of the state military forces or is serving in the armed forces of the United States in an active-duty status.
73
3.05 What is Racial Profiling?
A law enforcement initiated action based on individual's race, ethnicity, or national origin rather than their behavior or on info identifying them as having engaged in criminal activity. THIS IS ILLEGAL! DO NOT EVER DO THIS!!
74
2.132: Describe Law Enforcement Policy on Racial Profiling
Each police agency shall adopt policy which:
1. defines racial profiling
2. strictly prohibits it
3. implements a process for complaints related to this
4. provides public education related to complaint process
5. requires appropriate corrective action if it occurs.
6. requires info related to race of individual detained, if search was conducted and if search was consensual
7. requires if officer knew race BEFORE detaining
75
2.133 Describe what is required in report for Motor Vehicle stops?
1. Physical description of any driver who was detained, including gender and race or ethnicity (as stated by the offender or officer)
2. initial reason for stop
3. if search was conducted, and if it was consensual or not
4. whether any contraband or evidence was found and description of contraband/evidence
5. Reason for the search (include whether contraband/evidence was in plain site)
6. if any probable cause or reasonable suspicion existed to perform search
7. search was performed due to towing the vehicle?
8. did officer make arrest?
9. street address/approximate location of stop
10. was written warning or citation issued?
76
2.136 Are police liable for damages arising from an act related to collection/reporting of information related to possible racial profiling?
NO
77
2.1385 What is the civil penalty for failing to report the incident-based data for racial profiling?
$1000 for each violation
78
59.01 CONTRABAND DEFINITION: What is Attorney representing the state called?
Prosecutor
79
59.01 CONTRABAND DEFINITION: What is Contraband?
property or proceeds used in commission of a felony or misdemeanor
80
59.01 CONTRABAND DEFINITION: WHAT IS CRIME OF VIOLENCE?
Any criminal offense that results in personal injury or death to victim
81
59.01 CONTRABAND DEFINITION: What is an interest holder?
Bona fide holder of lien or security interest in property.
82
59.01 CONTRABAND DEFINITION: What is an Owner?
Person who claims equitable interest in property.
83
59.01 CONTRABAND DEFINITION: What are PROCEEDS?
Income a person accused or convicted of a crime receives from any movie, book, etc where crime was reenacted or sale of tangible property where value is increased by notoriety of the crime.
84
59.01 CONTRABAND DEFINITION: What is seizure?
Restraint of property by a peace officer.
85
59.02: What is Forfeiture of Contraband?
Any property that is contraband IS subject to seizure/forfeiture. Any property not related to crime may be replevied by the owner/holder.
86
59.03: Describe Seizure of Contraband?
Property subject to forfeiture MAY be seized with a search warrant. To seize without warrant is allowed if:
1. the owner, operator or agent in charge of property consents
2. the seizure is incident to a search the owner knowingly consents
3. the property subject to seizure has been subject of prior judgement in favor of the state
4. seizure was incident to a LAWFUL arrest, search or search incident to arrest.
87
59.03: What must an officer do with any property placed under seizure not more than 72 hours after seizure?
The officer must provide the State Attorney with a sworn statement detailing list of property seized, acknowledge it HAS been seized by the officer, and a list of officer's REASONS for the seizure. He must also
1. Place property under seal
2. remove property to place ordered by the court OR require an agency to take custody and move it to proper location
88
59.04: What must the state attorney do within 30 days after the date of the seizure?
Commence a forfeiture proceeding.
89
4.03 What is the jurisdiction of the Courts of Appeals?
All criminal cases with the exception of death penalty cases.
90
4.04 What is the jurisdiction of the Court of Criminal Appears?
Final appellate and review jurisdiction in criminal cases. May grant/issue/cause issuance of writs or habeas corpus, mandamus, procedendo, prohibition, and certiorari.
91
4.05 What is the jurisdiction of District Courts?
Original jurisdiction of felony cases, misdemeanors involving misconduct or misdemeanors transferred to its court.
92
4.07 What is the jurisdiction of County Courts?
Original jurisdiction of all misdemeanors and when fine imposed shall exceed $500.
93
4.08 What is the appellate jurisdiction of County Courts?
Appellate jurisdiction in criminal cases of which justice courts have original jurisdiction.
94
4.11 What is the criminal jurisdiction of Justice Courts?
Generally punishable by fine only or authorized by statute. (Think TABC violations!)
95
4.12 Misdemeanor Cases: What Precinct will defendant be tried in Justice Court?
Precinct where offense was committed, precinct where defendant lives. If no Justice of the Peace, may be held at next adjacent precinct in same county which has a duly qualified justice of peace
96
4.13 May Justice of the Peace forfeit bond?
Yes. He shall have power to take forfeitures of all bonds given for appearance, regardless of the amount.
97
4.14: What is the jurisdiction of Municipal Courts?
Exclusive original jurisdiction of all criminal cases that are punishable by fine ONLY. $2000 for fire/safety/zoning ordinances; $500 for all other municipal ordinances.
98
2.3 What shall a report involving (aggravated or not) assault or sexual assault or terroristic threat contain?
1. Names of suspect and complainant
2. date, time and location of incident
3. any visible or reported injuries
4. description of the incident/statement of disposition
5. whether suspect is a member of state or US military forces in an active duty status.
99
5.01: What does the Family Violence Legislative Statement compell a peace officer to do when responding to a family violence incident?
The responding peace officers SHALL protect the victim without regard to relationship between alleged offender and victim.
100
5.03: Explain how Family or Household Relationship Does Not Create an Exception to Official Duties?
A peace officer/magistrate's duty to prevent the commission of criminal offenses including family violence is not waived because of a family/household relationship between potential offender and victim.
101
5.04: (FAMILY VIOLENCE) What are the duties of Peace Officers?
1. Protect any potential victim of Family Violence
2. Enforce the law of the state
3. Enforce a protective order from another jurisdiction
4. Make lawful arrests of violators
102
5.045 (FAMILY VIOLENCE) Is a Peace Officer civilly liable for an act or omission arising in connection with assisting while standing by while victim takes their personal property?
No.
103
5.05 (FAMILY VIOLENCE) Who must a Peace Officer investigating a Family Violence incident must make a report to if the incident or call matches the address of a current foster home?
Department of Family and Protective Services.
104
5.07 What is the VENUE for Protective Order offenses?
The county in which the order was issued OR the county in which the offense was committed.
105
6.05 What is the duty of every Peace Officer when made aware of a threat to harm oneself or another (or property)?
Prevent the threatened injury if within his power. To aid, he my call upon any # of citizens in his county and take such measures necessary in order to prevent the threat.
106
6.06 What is the amount of force allowed to prevent one from harming themselves or another (or property)?
The force necessary to prevent the commission of the offense and no greater.
107
6.07 Describe the Conduct of Peace Officer when preventing offenses about to be committed in their presence or view?
Force allowed is regulated by the same rules as are prescribed to the action of the person about to be injured. They may use all force necessary to repel the aggression.
108
6.08 In the event a protective order is issued as a result of defendant using bias or prejudice, what additional actions are required by the court?
1. The statement on the warning must refer to the bias or prejudice
2. Court shall require a constable to serve the protective order
3. Clerk shall forward copy to DPS
4. Law Enforcement has 10 days to enter the information into the statewide information system maintained by DPS.
109
6.09 (STALKING PROTECTIVE ORDER) In the event that the court finds probable cause exists to believe that an offense occured under STALKING (42.072), and may likely occur again, what must the court issue?
A protective order in the same way as if Family Violence occurred EVEN if it did not occur.
110
8.01 (SUPPRESSION OF RIOTS) What may an officer do if he believes he may meet resistance in EXECUTING PROCESS?
May command as many of the citizens as he thinks proper to seize and arrest the persons engaged in such resistance. Also, the Sheriff may call any county Military company to aid.
111
8.04 What is the duty of every magistrate or peace officer when a riot is occurring?
The duty is to cause such persons to disperse by either commanding them to disperse or by arrest with or without warrant.
112
8.05 May an officer call for aid to disperse a riot?
Yes. May command as many of the citizens as he thinks proper to seize and arrest the persons engaged in such resistance. Also, the Sheriff may call any county Military company to aid.
113
8.06 & 8.07 What force is authorized to suppress a riot or unlawful assembly?
That force necessary to suppress the riot or unlawful assembly but not any force greater.
114
8.09 What powers do Special Constables have?
When appointed, have the same powers and duties that belong to Peace Officers.
115
7A.01 Who may file an application for a protective order?
1. Victim of Continuous Sexual Abuse of a Child; Sexual Assault; Stalking; Indecency with a Child; Aggrevated Sexual Assault
116
7A.01 What court must an application for protective order be filed?
District Court, Juvenile Court, County Court in county where applicant resides or county where alleged offender resides.
117
7A.02 What is a temporary ex parte order?
A protective order issued without he knowledge of the alleged offender. Once he becomes aware, it no longer is Ex Parte and becomes a permanent protective order.
118
7A.03 What are required findings in order to issue a protective order?
If court finds reasonable grounds the applicant is victim of sexual assault/abuse, stalking or human trafficking, court shall issue the protective order stating the facts.
119
7A.035 Is a hearsay statement of a child victim allowed?
Yes if child is under 14 years of age.
120
7A.05 What are the conditions of a protective order?
1. Order alleged offender to take action to prevent/reduce likelihood of future harm to applicant
2. Prohibit alleged offender from communicating w/victim or family/household
3. Going to/near residence, place of employment, child-care facility/school of applicant
4. Harassing the victim
5. Possessing a firearm unless a Peace Officer actively employed
6. May suspend CHL license
121
7.06 What warning will be placed on a protective order?
Requirements and punishment information (Contempt of court; up to $500 fine and up to six months in jail). A violation by commission of an ACT carries up to $4000 file and up to 1 year (or both) in jail.
122
7.07 What is the duration of a Protective Order?
May be effective for duration of lives of offender and victim or shorter. If not indicated, effective for two years from date order was issued.
123
12.01 Which felonies have NO statute of limitation?
Murder/Manslaghter; Sexual (or Aggrevated Sexual) Assault under Sec 22-Penal Code; Sexual assault if DNA is collected; Continuous sexual abuse of young child; indecency with a child; leaving scene of an accident resulting in a death; human trafficking
124
12.01 Which felonies have a TEN YEAR statute of limitation?
Theft of estate; theft by public servant; forgery; injury to elderly/disabled; sexual assault; arson; compelling prostitution
125
12.01 Which felonies have a SEVEN YEAR statute of limitation?
Misapplication of Fiduciary Property; deception; false statement to obtain credit; money laundering; credit card abuse; ID theft; medicaid fraud; bigamy
126
12.01 Which crimes have a FIVE YEAR statue of limitation?
Theft/Robbery; Injury to Elderly/Disabled not felonious; abandoning/endangering a child; insurance fraud
127
12.01 Which crimes have a TWENTY YEAR statute of limitation from the 18th birthday of the victim?
If the victim is under 17 at time of offense, Sexual performance by a child; aggravated kidnapping; burglary
128
12.01 Which crimes have a TEN YEAR statue of limitation from the 18th birthday of the victim?
Trafficking of persons under section 20A, compelling prostitution; injury to a child or bigamy if spouse is under 18 years old at time of offense.
129
12.01 Which felonies have a 3 year statute of limitation?
All others not listed above.
130
12.01 What is the statute of limitations on Class A, B or C Misdemeanors?
2 years
131
12.03 What is the statute of limitations on criminal attempts, solicititation, or organized criminal activity?
Same as the crime attempted.
132
14.01 When may a PEACE OFFICER arrest without a warrant?
Any offense committed in his presence or within his view.
133
14.01 When may ANYONE arrest without a warrant?
A felony or breach of peace in his presence or within his view.
134
14.02 When may a PEACE OFFICER arrest without a warrant for a crime committed in view or presence of a magistrate?
Any felony or breach of peace in presence or within view of the magistrate.
135
14.031 When may a PEACE OFFICER release a suspect to another adult who agrees to assume responsibility for the individual?
Public Intoxication.
136
When may an officer, without warrant, pursue and arrest the accused?
Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape.
137
14.05 What are the two reasons you may enter a home without a warrant?
1. With consent by the homeowner
| 2. Exigent circumstances
138
14.051 When may an officer from another state make an arrest in your county?
Only while in fresh pursuit of the suspect.
139
15.01 What is a warrant of arrest?
A writ from from a magistrate directing a peace officer to take the body of a person accused of an offense to be dealt with according to law.
140
15.02 What are the requisites of a warrant?
1. Name or reasonable description of the person
2. Name the offense
3. Signed by the magistrate and office will be in the body of the warrant.
141
15.03 What 2 items may a magistrate issue?
1. Warrant of Arrest
| 2. Summons
142
15.06 & 15.07 Is a warrant for arrest enforceable in the entire state?
Yes, unless signed by a mayor, in which case it is only good in the county where the mayor holds office. It must be endorsed by a judge which will make it enforceable state-wide.
143
15.12 What does the seal on a warrant indicate?
That it is certified by court of record or justice of the peace.
144
15.16 & 15.17 How is a warrant executed and Duties?
Person executing warrant must take person without delay to magistrate if in same county, or a magistrate in county of arrest if more expeditious. Must bring no later than 48 hours.
145
15.19 If arrested person fails to give bail, where shall the person be placed?
In a jail of the county where arrested and magistrate shall provide notice to the sheriff of county where offense occurred.
146
15.20 Regarding BLUE warrants (parole/probation), upon receiving notice of arrest, what shall he do?
Send for arrested person and have him brought before proper court or magistrate.
147
15.21 How long does a subject have to be picked up by the county in which the offense took place before he must be released?
10 days.
148
15.22 Define when a prisoner may be considered "arrested"?
When he has been actually been placed under restraint or taken into custody by an officer or person.
149
15.23 During which hours may arrests occur?
24/7
150
15.24 How much force may be used to effect an arrest?
All reasonable means but no greater than is necessary to secure the arrest.
151
15.25 When may a door be broken down?
In case of felony; if officer is refused admittance after giving notice of authority & purpose.
152
15.26 What must you advise the accused when serving an arrest warrant and do you need the warrant with you?
Must advise who issued the warrant and what the charge is for. You don't need it with you but must show as soon as possible.
153
15.27 If you arrest a child enrolled in a public primary/secondary school, who must you notify within 24 hours?
Must notify the Superintendent or designee
154
18.01 What is a Search Warrant?
A “search warrant” is a written order, issued by a magistrate commanding a peace officer to search for and seize any property or thing and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order.
155
18.011 Are search warrants public records?
Yes, unless the DA requests it be sealed.
156
18.021 Who may accompany a police officer during a search warrant to photograph a child?
A photographer employed by a law enforcement agency.
157
18.03 May a search warrant to photograph a child also authorize an arrest?
Yes if probable cause warrants the arrest.
158
18.04 What must a valid search warrant contain?
1. Run in the name of "The State of Texas"
2. Identify that which is to be seized and name that which is to be searched
3. Command a peace officer to search for the thing or place named
4. Dated & signed by magistrate
159
18.05 May a search warrant be issued to fire marshall, health officer or code enforcement official?
Yes, for Fire, Health or Code Inspections.
160
18.06 How quickly must a search warrant be executed?
Generally within 3 days, with exceptions.
161
18.07 How quickly must a search warrant for DNA/blood/saliva sample be executed?
Up to 15 days.
162
18.08 May an officer executing a search warrant call upon any # of citizens in the county who are bound to aid in the execution of the warrant?
Yes, officially. (But NOT a good idea so don't ACTUALLY do this!)
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18.09 What must happen when an officer finds the property listed in the search warrant?
He shall take possession of it (and any person arrested as a result) and bring it before the magistrate.
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18.095 If an officer has a search warrant for a gambling device, what must he actually bring back?
Only the programmable circuit board is to be seized and brought before the magistrate.
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18.10 When is a Search Warrant RETURN made?
When an inventory is presented to the magistrate.
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18.11 What happens to seized property?
Kept as provided by the magistrate.
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18.22 If an officer comes in contact with bodily fluid of an arrested person, what happens?
Arrestee shall undergo a test for communicable disease, by force if necessary. Results will be shared with local health authority and arresting officer shall be notified of test results.
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15.04 What is a "Complaint"?
A complaint is in affidavit alleging that a person committed an offense. A traffic ticket could be considered a “complaint”.
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15.05 What are the requisites of a complaint?
1. It must state the name 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 committed some offense 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 time and place of the commission of the offense, as definitely as can be done by the affiant.
4. It must be signed by the affiant by writing his name or affixing his mark.
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15.051 Who may you NOT require to take a polygraph test?
A sexual assault victim.
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15.06 What are the jurisdictional boundaries of a warrant?
State-wide. But if signed by a mayor, it's good only in the county where mayor's city is. It must be endorsed by magistrate to make it good state-wide.
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16.20 What is "Commitment"?
An order signed by the proper magistrate directing a sheriff to receive and place in jail the person so committed.
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21.01 What is "Indictment"?
Written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense.
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21..20 What is "Information"?
A written statement filed and presented in behalf of the State by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted.
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21.22 When shall an Information be presented?
Upon presentation of an affidavit. (Think about a single citation issued for speeding and no insurance. An information may have several counts.)
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21.24 What is a Joinder of Certain Offenses?
When two or more offenses are joined in a single indictment.
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23.01 What is a "capius"?
A capias warrant is issued after day in court AFTER being found guilty and you don’t fulfill your obligations.
A capias is the only writ (that we cover) that can be issued by a court clerk.
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23.02 What are the requisites of a capius?
A capias shall be held sufficient if it have the following requisites:
1. That it run in the name of “The State of Texas”;
2. That it name the person whose arrest is ordered, or if unknown, describe him;
3. That it specify the offense of which the defendant is accused, and it appear thereby that he is accused of some offense against the penal laws of the State;
4. That it name the court to which and the time when it is returnable; and
5. That it be dated and attested officially by the authority issuing the same.
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24.01 What is a subpoena used for?
To command the appearance of a person other than the arrestee.
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24.011 Who is a subpoena issued to if desired person is under 18 years of age?
Parent, legal guardian, etc.
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24.02 What is a subpoena ducas tecum?
A request for records that the custodian may not release without the subpoena. (medical records, financial records, etc.)
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24.04 List the 4 ways subpoenas are delivered?
READING ORALLY
DELIVERING
ELECTRONICALLY TRANSMITTING
MAILING
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24.05 What is fine for disregarding a subpoena?
Felony case - $500
| Misdemeanor case - $100
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24.11 What is an Attachment?
An “attachment” is a writ issued by a clerk of a court under seal, or by any magistrate, or by the foreman of a grand jury, in any criminal action or proceeding authorized by law, commanding some peace officer to take the body of a witness and bring him before such court, magistrate or grand jury on a day named to testify in behalf of the State or of the defendant.
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24.17 What is the duty of an officer receiving a subpoena?
Deliver a copy to each named witness and make a return showing time/manner of how subpoena was issued. If unable to deliver subpoena, officer must describe due diligence used to attempt to locate witness.
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17.01 Define Bail?
“Bail” is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond. (Bail means the same thing as Bond but the word Bond isn't used in Texas)
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17.033 When must an arrestee be released on bond and what are the amounts?
$5000 / 24 hours - Misdemeanor
| $10000 / 48 hours - Felony
