The Texas Code of Criminal Procedure (Paraphrased Study Points) Flashcards
1
Q
Special Agents of the Federal Bureau of Investigation, Secret Service, United States Customs Service, Alcohol Tobacco and Firearms, Federal Drug Enforcement Agency,
Inspectors of the United States Postal Service
Special Agents of the Criminal Investigation Division and Inspectors of the Internal Security Division of the Internal Revenue Service
Civilian Special Agents of the United States Naval Investigative Service
A
The Texas CCP Section 2.122 recognizes named criminal investigators of the United States as having authority to enforce selected state laws by virtue of their authority. The individuals listed are deemed to have the equivalent training for licensure consideration.
2
Q
What is Art 1.01?
A
Art. 1.01. SHORT TITLE. This Act shall be known, and may be cited, as the “Code of Criminal Procedure”.
3
Q
Art 1.02 When did the CCP originally take effect?
A
January 1, 1966.
4
Q
Art 1.03 Objectives of the CCP?
A
(1) To adopt measures for preventing the commission of crime;
(2) To exclude the offender from all hope of escape;
(3) To insure a trial with as little delay as is consistent with the ends of justice;
(4) To bring the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal;
(5) To ensure a fair and impartial trial; and
(6) The Certain execution of the sentence of the law when declared.
5
Q
Art 1.04 Due Course of Law
A
No citizen shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.
6
Q
Art 1.05 Rights of Accused
A
Speedy public trial by an impartial jury, The right to demand the cause and nature of the accusation and a copy thereof. Not be compelled to give evidence against himself, the right to be heard by himself, counsel or both, confronting witnesses, process for obtaining favorable witnesses. Shall not be held responsible for a felony without a grand jury indictment.
7
Q
Art 1.051 Right to Representation by Counsel
A
Right to consult in private & adequate prep in advance.
Indigent can be requested but appointed no later than the 3rd working day’s end after the request is made if in a -250k county, or end of the first working day if over 250k. See full statute.
8
Q
Art 1.06 Searches and Seizures
A
The people shall be secure in their persons, houses, papers and possessions from all unreasonable siezures or searches. No warrant without described detail as near as it may be, or without PC supported by oath or affirmation.
9
Q
Art 1.07 Right to Bail
A
bailable unless cap offense with evident proof.
10
Q
Art 1.08 Habeas Corpus
A
Writ is a right, never shall be suspended.
11
Q
Art 1.09 Cruelty Forbidden
A
Excess bail not required nor excess fines nor cruel or unusual punishment inflected.
12
Q
Art 1.10 Jeopardy
A
No person shall be twice put in jeopardy of life or liberty, nor put again upon trial for same offense after a verdict of not guilty in a court of competent jurisdiction.
13
Q
Art 1.11 Acquittal a Bar
A
Acquittal exempts from a second or third trial, but if the court had no jurisdiction he may be prosecuted again in one that does.
14
Q
Art 1.12 Right to Jury
A
The right of trial by jury shall remain inviolate.
15
Q
Art 1.13 Waiver of Trial by Jury
A
Any offense other than Cap Fel w/ Death penalty shall have the right to waive trial by jury except as art 27.19, court and state attorney must approve.
16
Q
Art 1.14 Waiver of Rights
A
The Defend. in crim prosec. may waive any rights to a jury (except cap fel) and may not raise objection on appeal or postconviction. An indictment or information can be made earlier.
17
Q
Art 1.141 Waiver of Indictment for noncapital Felony
A
Open court or writing, accused shall be charged by information.
18
Q
Art 1.15 Jury in Felony
A
No conviction unless jury verdict or plea. It shall be necessary for the state to introduce evidence as a basis by the court for judgement. No conviction without this.
19
Q
Art 1.17 Religious Belief
A
No person shall be disqualified to give evidence due to religious opinions or beliefs
20
Q
Art 1.18 Outlawry and Transportation
A
No citizen outlawed nor transported out of state for any offense committed in the same.
21
Q
Art 1.21 Privilege of Legislator
A
Except for treason, felony or breach of the peace, are privileged from arrest during the Legislature’s session, + one day for every 20 miles they may reside from the legilsature’s convened location.
22
Q
Art 1.23 Dignity of State
A
**All Justices of the Supreme Court, Judges of CCA, Justices of the Court of Appeals, and District courts shall be conservators of the peace. All writs shall be “The state of Texas” All Prosecutions Shall be “In the name and by authority of the state of Texas” and conclude “against the peace and dignity of the State”
23
Q
Art 1.24 Public Trial
A
Th eproceedings and trials in all courts **shall **be public.
24
Q
Art 1.25 Confronted by Witnesses
A
Defend. Shall be confronted except in certain cases provided in this code where depositions have been taken.
25
Art 1.27 Common Law Governs
If this code fails to provide a rule of procedure, rule of common law shall be applied and govern.
26
Art 2.09 Who are Magistrates
Supreme court, Criminal Appeals, Courts of Appeals, district, bunch of counties.... + muni judges of incorporated cities of towns
27
2.10 Duty of Magistrates
Preserve peace by use of all lawful means, issue process to prevent/supress crime, lawful means to arrest offenders to be brought to punishment.
28
Art 2.11 Examining Court
When a magistrate sits for inquiring into a crim accusation, it is called an examining court.
29
CCP 2.12 Who are Peace Officers?
Sheriffs, Deputies, Reserves, Constables, Marshals, Police Officers w/ Perm Peace Offcr License, Rangers by DPS, DA Investigators, crim district attornies, county attornies. TABC LE,
Parks and Wildlife, Airport sec commissioned by a political subdivision w/ over 1.8m pop, Muni Park patrol/security, Listed hospital security, TX Racing Commision, AG officers, fire marshal, Juvi Apprehension specialists and inspectors, TCOLE, TX Priv Sec Board investigators, Dental Examiners, Juvi Justice Dept. Investigators
30
Art 2.121 Railroad POs
DPS Director may appoint 250 employees of rail companies, Can make arrests involving passengers/employees/dmg to railroad property or to protect it. Can't run traffic, no state benifits, must meet min standards
31
Art 2.122 Special Investigators
Agents of FBI, USSS, ICE, BATF, DEA, USPS, IRS, USMS, Dip Security, Treasury, OIG of SS, Vet Affairs, OIG of Agriculture, Police Officer at VA,
Civillian Naval Crim Intel Service, Homeland Security is not a po but can arrest/search/sieze according to state laws.
Border Patrol not POs
32
Art 2.123 Adunct POPOs
Sheriff can hire up to 50 POs to aid from offline positions such as campus police.
33
Art 2.124 POs from adjoining States
Pursuit, Transport, maintaining pysical custody or regaining it after escape.
34
Art 2.13 Duties and Powers
Duty of every Peace Officer to preserve peace within juristiction.
Interfere w/o warrant to prevent/suppress crime
Give notice to a magistrate of offenses committed where a violation is believed to have occured
Arrest offenders without warrant in every case authorized by law
Take possession of a child
Inquire as to nationality/immigrant status
Execute emergency Detention
35
Art 2.14 May Summon Aid
Peace Officer met with resistnace **shall** summon citizens to overcome resistence and they are bound to obey.
36
Art 2.15 Person Refusing Aid
Peace Officer who has summoned any person... if htey refuse, DA or court may prosecute.
37
Art 2.16 Neglecting to Execute Process
Any sheriff or officer shall willfully refuse or fail to execute any summons, subpoena or attachment for a witness or other legal process which it is his duty to execute, he hsall be liable for a fine for contempt not less than then no more than 200 dollars at the court's descresion, imposed in the same manner as if contempt in a civil case.
38
Art 2.17 Conservator fo the Peace
Each Sheriff **shall** be a conservator of the peace, **shall **arrest against laws of the state in his view or hearing, and take before proper court. **shall **Quell/Suppress all assaults and batteries, affrays, insurrections and unlawful asemblies. He **shall** apprehend and commit to jail all offenders, until examination or trial can be had.
Compare to wording of Art 1.23 (All judges/justices **shall** be conservators of the peace, blah blah "state of texas" against the dignity of blah blah
39
Art 2.18 Custody of Prisoners
When committed to jail by warrant from magistrate, the prisoner **shall** be placed in jail by the sheriff. It is a violation if he remains out unless the case of bail or time to procure bail, but shall so guard to preven escape.
40
Article 2.20 Deputy
Whenever a duty is imposed on the Sheriff, same duty may be preformed by the deputy. Deputy will carry out if the sheriff is gone or there is a vacancy
41
Art 2.27 Investigation of Certain Reports Alleging Abuse
Immediate risk of physical/sexual abuse of a child which can result in death/bodily harm a peace officer shall investigate ointly with the agency responsible to investigate (CPS, Whatever) Not later than 24 hours after being notified the PE shall accompany the investigator. (family or health and safety code)
42
Art 2.28 Duties regarding misused identity
Notify the victim, person may file with DPS, entitled to expunction of their info in crim records, notify dps of misuse, ask dps if they notified victim
43
Art 3.05 Racial Profiling
In this code, "racial profiling" means 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.
44
Art 2.131 Racial Profiling Prohibited
A peace officer may not engage in such.
45
Art 2.132 Law Enforcement Policy on Racial Profiling
TLDR: Mark race on traffic stops for statistics. Have a written policy against profiling, file an anual report. Location & reason for the stop too.
46
Art 2.136 Liability
Peace Officer not responsible for damages relating to the collection of 2.132 (Racial Profiling Policy)
47
Art 2.133 Reports Required for MV Stops
Physical Description of person. Gender/Race/Reason for stop/If vehicle searched.
48
Art 4.01 What Courts have Crim Juristiction
Crt of Crim Appeals, Crt of Appeals, District, Crim District, County Crts, Magistrates of District Courts, County Crim Crts, Justice Courts, Muni Courts
49
Tactical Considerations Before Applying Force
Tactical Reality:
perception, evaluation, plan formation, initiate action
Reaction time is after the suspect's time to think it out then manifest visible intent. (movement)
50
Use of Force Continuum
Lvl5 Deadly
Lvl4 Hard
Lvl3 Soft
Lvl2 Verbal
Lvl1 Presense
51
UOF Continuum
SBI v Deadly Force
BI v Defensive Tactics
Resist. v Compliance Techniques
Passive Res v Contact Control
Compliant v Cooperative Control
52
Cooperative Controls
If Percieved compliant, use:
Mere Presence, Appearance, Attitude/Demeanor, Verbal Skills, Body Language, Profiling, Confrontation Avoidance, Verbal Skills
53
Passive Resistance
If resistence is passive:
Warn of pending force, body positions, placing of hands, assisting movement, pressure/leverage, removal from area.
54
Art 5.01 Legislative Statement
Family violence is a danger and threat to society/its members. Victims are entitled to max protection from harm or abuse or threat thereof as permitted by law.
Responding LE or Judicial Officer shall protect the victim without regard to the relationship to offender/vic
55
Art 5.02 Definitions
Family Violence, Family, Household and member of household are assigned in Chapter 71, family code.
56
Art 5.03 Family or Household Relationship Does not Create an Exception to Official Duties
General Duty as perscribed in CCP Chapter 2 is not waived or excepted due to relationship between offndr/vic. PO or Magistrate's duty is to prevent crim offenses, including fam violence. It is not waived o excepted because of a family or household relationship exists between the violator and victim.
57
Art 5.04 Duties of Peace Officers
Primary duties of a PO who investigates fam violence allegation or responds to a disturbance is to protect any potential victim, enforce the state's law, enforce a protective order from another juristiction as provided by chapter 88 of family code, and make lawful arrests of violators.
This statute also covers wording of a notice to adult victims notification of rights.
58
Art 5.045 Standby Assistance, liability
PO** may **stay with a victim of fam viol to protect the vic and allow the vic to take personal property of the vic or child in care of to a place of safety in an orderly manner.
A PO is not liabile in connection with providing or determiing whether to provide, nor are they civilly or criminally liable for the wrongful appropriation of any personal property by the victim.
59
Art 5.05 Reports and Records
PO investigating a fam viol incident or responding to a disturbance which may involve fam viol shall make a written report, including but not limited to....
Name of sus and complaintant, date/time/location of incident, any vis or reported injuries, a description of the incident and statement of its disposition, and if sus is a member of the state mil forces or is serving armed forces of the US in an active-duty status.
Additionally shall make a report to Dep of Fam and Protective services of the location of the incident or call, or if the location matches an address of a licensed foster home or verified agency foster home as listed in the Texas Crime Information Center. Report may be made orally or electronically. 24hrs to fil out at beginning of investigation or reciept of call.
Long statute, see rest of it.
60
Art 5.07 Venue for Protective Order
- redesignated as art 13.38
(venue is in county it was issued, with or without regards to court location issuing the protective order)
61
6.05 Duty of Peace Officer as to Threats
Duty of every peace officer informed a threat against themselves or others to prevent within his power. May call in aid any number of Citizens in his county. May take such measures as the person about to be injured might for the prevention of the offense.
62
6.06 Peace Officer to prevent injury
Whenever in the presence of a peace officer or within his view, one person is about to commit an offense against hte person or property of another, including the person or property of his spouse, or injure himsel,f it is his duty to prevent it, and for this purpose may summon any number of the citizens of his county to his adi. The peace officer must use the amount of force necessary to prevent the commision of the offense, and no greater.
63
6.07 Conduct of Peace Officer
Regulated by the sam erules as are perscribed to the person about to be injured. They may use all force necessary to repel th eaggression.
64
6.08 Protective order prohibiting offense caused by bias or prejudice
Very long statute Citing penal code. TLDR: If the defendant is likely to to engage in future conduct. Protective order must state bias or prejudice.
LE agency should immediately but not later than 10th day after enter info into statewide info sys of DPS
65
Art 8.01 Officer may require aid
Any Officer authorized to execute process is resisted, or has reason to believe that he will meet resistance, **may **command as many of the citizens of his county as he may think proper, and hte sheriff may call any military company in the county to aid him in overcoming the resistance, and f necessary, in seizing and arresting the persons engaged in such resistance.
66
Art 8.04 Dispersing Riot
number of persons are assembled in such a manner as to constitute a riot, duty of every **magistrate or peace officer** to cause such persons to disperse. Commanding them to disperse or by **arresting **persons engaged, with or without warrant.
67
Art 8.05 Officer May Call Aid
To disperse a riot, he **may** call to his aid the power of the county in the same manner as is provided whne necessary for the execution of process.
68
Art 8.06 Means Adopted to Suppress
Cannot disperse a riot with any greater force than is required to accomplish that object.
69
Art 8.07 Unlawful Assembly
Articles on riot suppression apply equally to an unlawful assembly and other unlawful disturbances as defined by penal code.
70
Art 8.09 Power of Special Constable
Exercises powers and perform duties belonging to peace officers during the time they are appointed.
71
Art 7A 01
App for Protecive Order
victim of parent on behalf of victim can file, or prosecuting attorney, If over 18 they can request the prosecutor not file. May be filed in district court, county of applicant or offender or where na element occured.
72
Art 7A 02
Temporary Ex Parte Order
Can be filed before completion of a protective order if clear and present danger. of sexual assault or abuse. Indecent assault, stalking, trafficking. Court shall issue a pO that includes a statement of the findings. A convition can provide reasonable grounds.
73
Art 7A 03
Required findings or issuance of protective order
Court shall find if reasonable grounds an dshal issue if so. Deferred adjudication also constitutes reasonable grounds.
74
Art 7A 05
Conditions specifed by protective order
can't communicate,g o near residence place of employment, child care facility or school of any memeber of applican'ts family/household. Can't engage in conduct to annoy harass alarm abuse torment or embarass, cannot possess a firearm unless a peace officer. Order shall describe each prohibited location and distance to stay away. Does not apply to orders requesting confidentiality which would reveal the victim's location. License to carry can also be suspended.
75
Art 7A 06
Warning on Protective Order
Punished for a fine as much as 500 or 6m in jail. Unlawfull to posess firearm, may be punishable by 4k or one year or both. Seperate offenses can be an addtional violation.
Prot Order can be for life if deferred adjudication or registered as sex offender.
76
Art 12.01 Felonies
(Indictment limits)
no limitation on murder, manslaughter, or sexual assault if biological matter is collected or against 5 or more victims. Same for LTS w/death, continuous trafficking of persons, compelling prostitution, indecency or sexual assault of a child.
10 yrs for theft, arson, sex asslt, traffkn,
7 if doc by deception, false statement to obtain prop or credit, laundering, bigamy, exploitation of child/elderly/disbled, healthcare fraud,
5 yrs for robbery or theft, kidnapping or burg, inj to elderly if not f1, endangering a child, insur. fraud,
77
Art 12.02
Statute of Limitations on Misd.
Misd: A, B, C, .... 2 years or less to press charges.
78
CCP 14.01. OFFENSE WITHIN VIEW.
(a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.
79
Art. 14.02. WITHIN VIEW OF MAGISTRATE.
A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.
80
Art. 14.03. AUTHORITY OF PEACE OFFICERS.
(a) Any peace officer may arrest, without warrant: (really long statute)
persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony.
Assault w /sbi, interf w/ 911 call, fam viol,
81
CCP 14.031. Public intoxication
(a) In lieu of arresting an individual who is not a child, as defined by Section 51.02, Family Code, and who commits an offense under Section 49.02, Penal Code, a peace officer may release the individual if:
(1) the officer believes detention in a penal facility is unnecessary for the protection of the individual or others; and
(2) the individual:
(A) is released to the care of an adult who agrees to assume responsibility for the individual;
(B) verbally consents to voluntary treatment for substance use in a program in a treatment facility licensed and approved by the Health and Human Services Commission , and the program admits the individual for treatment; or
(C) verbally consents to voluntary admission to a facility that provides a place for individuals to become sober under supervision, and the facility admits the individual for supervision.
82
Art. 14.05. Rights officer
In each case enumerated where arrests may be lawfully made without warrant, the officer or person making the arrest is justified in adopting all the measures which he might adopt in cases of arrest under warrant, except that an officer making an arrest without a warrant may not enter a residence to make the arrest unless:
(1) a person who resides in the residence consents to the entry; or
(2) exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.
83
14.051. Arrest by peace officer from other jurisdiction
(a) A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the purpose of arresting that person for a felony may continue the pursuit into this state and arrest the person.
(b) In this article, “fresh pursuit” means a pursuit without unreasonable delay by a peace officer of a person the officer reasonably suspects has committed a felony.
84
Art. 14.06. Must take offender before magistrate
(a) Except as otherwise provided by this article, in each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than 48 hours after the person is arrested, before the magistrate who may have ordered the arrest, before some magistrate of the county where the arrest was made without an order, or, to provide more expeditiously to the person arrested the warnings described by Article 15.17 of this Code, before a magistrate in any other county of this state. The magistrate shall immediately perform the duties described in Article 15.17 of this Code.
(b) A peace officer who is charging a person, including a child, with committing an offense that is a Class C misdemeanor, other than an offense under Section 49.02, Penal Code, may, instead of taking the person before a magistrate, issue a citation to the person that contains:
(1) written notice of the time and place the person must appear before a magistrate;
(2) the name and address of the person charged;
(3) the offense charged;
(4) information regarding the alternatives to the full payment of any fine or costs assessed against the person, if the person is convicted of the offense and is unable to pay that amount; and "blah blah long epo notice."
85
Art. 15.01. Warrant of arrest
A “warrant of arrest” is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.
86
Art. 15.02. REQUISITES OF WARRANT.
1. It must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him.
2. It must state that the person is accused of some offense against the laws of the State, naming the offense.
3. It must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature.
87
Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS.
1. In any case in which he is by law authorized to order verbally the arrest of an offender;
2. When any person shall make oath before the magistrate that another has committed some offense against the laws of the State; and
3. In any case named in this Code where he is specially authorized to issue warrants of arrest.
(b) A summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place. The summons shall be served upon a defendant 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.
(c) For purposes of Subdivision 2, Subsection (a), a person may appear before the magistrate in person or the person's image may be presented to the magistrate through an electronic broadcast system.
(d) A recording of the communication between the person and the magistrate must be made if the person's image is presented through an electronic broadcast system under Subsection (c). If the defendant is charged with the offense, the recording must be preserved until:
(1) the defendant is acquitted of the offense; or
(2) all appeals relating to the offense have been exhausted.
(e) The counsel for the defendant may obtain a copy of the recording on payment of an amount reasonably necessary to cover the costs of reproducing the recording.
(f) In this article, "electronic broadcast system" means a two-way electronic communication of image and sound between a person and magistrate and includes secure Internet videoconferencing.
88
Art. 15.06. WARRANT EXTENDS TO EVERY PART OF THE STATE.
A warrant of arrest, issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall 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, shall be authorized to execute the same in any county in this State.
89
Art. 15.07. WARRANT ISSUED BY OTHER MAGISTRATE.
When a warrant of arrest is issued by any mayor of an incorporated city or town, it cannot be executed in another county than the one in which it issues, except:
1. It be endorsed by a judge of a court of record, in which case it may be executed anywhere in the State; or
2. If it be endorsed by any magistrate in the county in which the accused is found, it may be executed in such county. The endorsement may be: "Let this warrant be executed in the county of ..........". Or, if the endorsement is made by a judge of a court of record, then the endorsement may be: "Let this warrant be executed in any county of the State of Texas". Any other words of the same meaning will be sufficient. The endorsement shall be dated, and signed officially by the magistrate making it.
90
Art. 15.08. WARRANT MAY BE FORWARDED.
A warrant of arrest may be forwarded by any method that ensures the transmission of a duplicate of the original warrant, including secure facsimile transmission or other secure electronic means. If issued by any magistrate named in Article 15.06, the peace officer receiving the same shall execute it without delay. If it be issued by any other magistrate than is named in Article 15.06, the peace officer receiving the same shall proceed with it to the nearest magistrate of the peace officer's county, who shall endorse thereon, in substance, these words:
"Let this warrant be executed in the county of . . . . . . . . . . .", which endorsement shall be dated and signed officially by the magistrate making the same.
91
Art. 15.09. COMPLAINT MAY BE FORWARDED.
A complaint in accordance with Article 15.05, may be forwarded as provided by Article 15.08 to any magistrate in the State; and the magistrate who receives the same shall forthwith issue a warrant for the arrest of the accused; and the accused, when arrested, shall be dealt with as provided in this Chapter in similar cases.
