11. CCP (25Q) Flashcards
Question 1 of 25 - BPOC 09 Code of Criminal Procedure
What offense does a person commit if they intentionally or knowingly prohibit a justice of the peace from entering a premises where a death occurred or a body is found?
Official misconduct
Endangering a crime scene
Disorderly conduct
Hindering an inquest
Hindering an inquest
Review: CCP (49.06) HINDERING AN INQUEST. (a) A person commits an offense if the person intentionally or knowingly hinders the entrance of a justice of the peace to a premises where a death occurred or a body is found.
Question 2 of 25 - BPOC 09 Code of Criminal Procedure
A ______________ is 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.
writ of habeas corpus
search warrant
commitment
warrant of arrest
warrant of arrest
Question 3 of 25 - BPOC 09 Code of Criminal Procedure
Which of the following would be listed in the CCP as a “Special Investigator.”
Railroad Peace Officer
Civilian Special Agents of the United States Naval Investigative Service.
New Mexico State Trooper
None listed
Civilian Special Agents of the United States Naval Investigative Service.
Question 4 of 25 - BPOC 09 Code of Criminal Procedure
If a witness refuses to obey a subpoena, he may be fined at the discretion of the court, _______ dollars in a felony case.
$100
$1,000
$200
$500
$500
Question 5 of 25 - BPOC 09 Code of Criminal Procedure
A peace officer _______ arrest a suspect if he has probable cause to believe he has violated a protective order under PC 25.07, and it does not occur in his presence.
will not
shall
may
shall not
may
Review: CCP (14.03)(a)(3) AUTHORITY OF PEACE OFFICERS. (a) Any peace officer may arrest, without warrant: (3) persons who the peace officer has probable cause to believe have committed an offense defined by Section 25.07, Penal Code, if the offense is not committed in the presence of the peace officer;
Question 6 of 25 - BPOC 09 Code of Criminal Procedure
Which of the following statements is true concerning the grand jury?
All statements are true.
The proceedings are public.
The defendant has a constitutional right to be represented by an attorney at the grand jury.
In Texas a person charged with a felony has a right to be indicted by a grand jury.
In Texas a person charged with a felony has a right to be indicted by a grand jury.
Review: CCP (1.05) RIGHTS OF ACCUSED. In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not be compelled to give evidence against himself. He shall have the right of being heard by himself, or counsel, or both; shall be confronted with the witnesses against him, and shall have 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.
Question 7 of 25 - BPOC 09 Code of Criminal Procedure
A peace officer _________________, 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.
may arrest but must first obtain a valid warrant
may arrest, without a warrant
shall arrest, without a warrant
none listed
may arrest, without a warrant
Question 8 of 25 - BPOC 09 Code of Criminal Procedure
No person shall be convicted of Treason except on the testimony of _____ witnesses to the same overt act, or on confession in open court.
2
3
4
1
2
Question 9 of 25 - BPOC 09 Code of Criminal Procedure
A search warrant is a written order, issued by a magistrate and directed to a peace officer, and may command the officer to
All are correct
search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order
seize the property or thing and bring it before the issuing magistrate
search for any property or thing and bring it before the issuing magistrate
All are correct
Question 10 of 25 - BPOC 09 Code of Criminal Procedure
Which of the following is not a peace officer in Texas?
Constable
ATF Agent
Sheriff Deputy
City Police
ATF Agent
Question 11 of 25 - BPOC 09 Code of Criminal Procedure
As an officer, you may ask a person to assist you in making an arrest. What crime has occurred if the person refuses your command?
Official misconduct.
Hindering apprehension.
Permitting or facilitating escape.
Interference with public duties.
None of these
None of these
Question 12 of 25 - BPOC 09 Code of Criminal Procedure
The CCP Art. 15.25 specifically states, “ In case of __________, the officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose.”
felony
any misdemeanor
Class “A” and “B” Misdemeanors
state jail felony only
felony
Question 13 of 25 - BPOC 09 Code of Criminal Procedure
____ shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars.
Court of Appeals
County Court
Municipal Court
District Court
Review: CCP (4.07) JURISDICTION OF COUNTY COURTS. The county courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars.
County Court
Review: CCP (4.07) JURISDICTION OF COUNTY COURTS. The county courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars.
Question 14 of 25 - BPOC 09 Code of Criminal Procedure
When the defendant is arrested at night, the CCP “specifically” requires that he be taken before a magistrate:
No sooner than daylight
Immediately
Without unnecessary delay
As soon as the magistrate’s office is open
Without unnecessary delay
Question 15 of 25 - BPOC 09 Code of Criminal Procedure
A search warrant for _____________ may not be signed by a justice of the peace.
Drugs
Illegal Weapons
Persons
Property constituting evidence of an offense
Review: CCP (18.02) GROUNDS FOR ISSUANCE. (a) A search warrant may be issued to search for and seize: (1) property acquired by theft or in any other manner which makes its acquisition a penal offense; (2) property specially designed, made, or adapted for or commonly used in the commission of an offense; (3) arms and munitions kept or prepared for the purposes of insurrection or riot; (4) weapons prohibited by the Penal Code; (5) gambling devices or equipment, altered gambling equipment, or gambling paraphernalia; (6) obscene materials kept or prepared for commercial distribution or exhibition, subject to the additional rules set forth by law; (7) a drug, controlled substance, immediate precursor, chemical precursor, or other controlled substance property, including an apparatus or paraphernalia kept, prepared, or manufactured in violation of the laws of this state; (8) any property the possession of which is prohibited by law; (9) implements or instruments used in the commission of a crime; (10) property or items, except the personal writings by the accused, constituting evidence of an offense or constituting evidence tending to show that a particular person committed an offense; (11) persons;
Property constituting evidence of an offense
Review: CCP (18.02) GROUNDS FOR ISSUANCE. (a) A search warrant may be issued to search for and seize: (1) property acquired by theft or in any other manner which makes its acquisition a penal offense; (2) property specially designed, made, or adapted for or commonly used in the commission of an offense; (3) arms and munitions kept or prepared for the purposes of insurrection or riot; (4) weapons prohibited by the Penal Code; (5) gambling devices or equipment, altered gambling equipment, or gambling paraphernalia; (6) obscene materials kept or prepared for commercial distribution or exhibition, subject to the additional rules set forth by law; (7) a drug, controlled substance, immediate precursor, chemical precursor, or other controlled substance property, including an apparatus or paraphernalia kept, prepared, or manufactured in violation of the laws of this state; (8) any property the possession of which is prohibited by law; (9) implements or instruments used in the commission of a crime; (10) property or items, except the personal writings by the accused, constituting evidence of an offense or constituting evidence tending to show that a particular person committed an offense; (11) persons;
Question 16 of 25 - BPOC 09 Code of Criminal Procedure
When an officer is handling a family violence case, he or she must
make an arrest
give a written notice to the alleged offender of his or her rights.
Call in assistance from family violence experts.
Give a written notice to the alleged victim of his or her rights.
Not make an arrest without a warrant.
Give a written notice to the alleged victim of his or her rights.
Question 17 of 25 - BPOC 09 Code of Criminal Procedure
___ have original jurisdiction in criminal cases of the grade of felony and all misdemeanors involving official misconduct.
Municipal Courts
Justice Courts
District Courts
County Courts
Review: CCP (4.05) JURISDICTION OF DISTRICT COURTS. District courts and criminal district courts shall have original jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct, and of misdemeanor cases transferred to the district court under Article 4.17 of this code.
District Courts
Review: CCP (4.05) JURISDICTION OF DISTRICT COURTS. District courts and criminal district courts shall have original jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct, and of misdemeanor cases transferred to the district court under Article 4.17 of this code.
Question 18 of 25 - BPOC 09 Code of Criminal Procedure
A “commitment” is a court order
Ordering an accused released from custody.
to release an accused from jail.
Granting an appeal.
None listed
None listed
Question 19 of 25 - BPOC 09 Code of Criminal Procedure
The affidavit made before the magistrate or the district or court attorney charging the commission of an offense is called a/an
Statement of probable cause.
Petition.
complaint.
Indictment.
complaint
Question 20 of 25 - BPOC 09 Code of Criminal Procedure
The head of the agency arresting or holding a person in the prevention of “Family Violence” if there is probable cause to believe the violence will continue if the person is immediately released, may hold the person for a period of not more than _______ hours after bond has been posted. This detention period may be extended for an additional period if a magistrate makes a determination of fact and directs in writing to the person having custody of the detained person. The additional period of detention shall not exceed_________
6, 48
4, 48
4, 24
10, 96
4, 48
Review: CCP (17.291) FURTHER DETENTION OF CERTAIN PERSONS. (b) Article 17.29 does not apply when a person has been arrested or held without a warrant in the prevention of family violence if there is probable cause to believe the violence will continue if the person is immediately released. The head of the agency arresting or holding such a person may hold the person for a period of not more than four hours after bond has been posted. This detention period may be extended for an additional period not to exceed 48 hours, but only if authorized in a writing directed to the person having custody of the detained person by a magistrate who concludes that: (1) the violence would continue if the person is released;
Question 21 of 25 - BPOC 09 Code of Criminal Procedure
Under which of the following situations is an officer NOT permitted to make a custody arrest provided the person is willing to sign a citation?
A credible person alerts a peace officer that a felony crime has been committed and that the offender is about to escape.
Persons are found in suspicious places and under circumstances that reasonably show that such person have been guilty of some felony or breach of the peace.
A person that commits the offense of “speeding.”
A “Theft” offense that is committed within an officer’s view or in his or her presence.
A person that commits the offense of “speeding.”
Question 22 of 25 - BPOC 09 Code of Criminal Procedure
Which of the following would not be a peace officer as defined by Article 2, Code of Criminal Procedure?
Rangers and Officers of the Department of Public Safety
Officers commissioned by the governing board of a Metropolitan Rapid Transit Authority
Inspectors of the U.S. Postal Service
Adjunct Police Officers
Inspectors of the U.S. Postal Service
Question 23 of 25 - BPOC 09 Code of Criminal Procedure
What public official is responsible for conducting inquests in counties that do not have medical examiners?
Chief county medical doctor
County Court Judge provided he is a lawyer
District Attorney
Justice of the Peace
Justice of the Peace
Question 24 of 25 - BPOC 09 Code of Criminal Procedure
In CCP 1.03 several specific “objectives” are listed for the code. Which of the following were listed?
“To adopt “Community Policing” techniques to improve community relations.”
“To insure a trial with as little delay as is consistent with the ends of justice.”
“To provide the best counsel possible for defendants.”
“To insure that the defendant gets a partial trial.”
“To insure a trial with as little delay as is consistent with the ends of justice.”
Question 25 of 25 - BPOC 09 Code of Criminal Procedure
Under which of the following situations is an officer NOT permitted to arrest without a warrant?
Any offense that is committed within an officer’s view or in his or her presence.
Persons are found in suspicious places and under circumstances that reasonably show that such person have been guilty of some felony or breach of the peace.
A credible person alerts a peace officer that a felony has been committed and that the offender is about to escape.
A red-light violation is committed in view of a credible citizen, but the officer did not witness the violation.
A red-light violation is committed in view of a credible citizen, but the officer did not witness the violation.
