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BPOC Study Material 2 > CCP - ALL > Flashcards

CCP - ALL Flashcards

1
Q

(10) law enforcement ______ commissioned by the Parks and Wildlife ________

Hint: the last word starts with “O” (law enforcement o…..). They are Commissed by a C….

A

officers

Commission

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2
Q

2.10 Duty of Magistrates

It is the duty of every magistrate to preserve the peace within his jurisdiction by the use _____; to issue all process intended to aid in preventing and suppressing crime; to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment.

A

of all lawful means

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3
Q

7A.035. HEARSAY STATEMENT OF CHILD VICTIM. In a hearing on an application for a protective order under this chapter, a statement that is made by a child younger than ____of age who is the victim of an offense under Section 21.02, 21.11, 22.011, or 22.021, Penal Code, and that describes the offense committed against the child is admissible as evidence in the same manner that a child’s statement regarding alleged abuse against the child is admissible under Section 104.006, Family Code, in a suit affecting the parent-child relationship.

A

14 years

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4
Q

7A.06. WARNING ON PROTECTIVE ORDER. (a) Each protective order issued under this chapter, _____order, must contain the following prominently displayed statements in boldfaced type, capital letters, or underlined:

“A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH.” “NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER.” “IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION.”

A

including a temporary ex parte

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5
Q

7A.07. DURATION OF PROTECTIVE ORDER. (a) A protective order issued under Article 7A.03 may be effective for the duration of the lives of the offender and victim or for any shorter period stated in the order. If a period is not stated in the order, the order is effective until the _____of the date the order was issued.

A

second anniversary

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6
Q

8.05. OFFICER MAY CALL AID. In order to enable the officer to disperse a riot, he may call to his aid the _____in the same manner as is provided where it is necessary for the execution of process.

A

power of the county

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7
Q

A peace officer 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 current licensed____ or verified agency foster home listed in the Texas Crime Information Center.

A

foster home

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8
Q

Art. 1.01. SHORT TITLE. This Act shall be known, and may be cited, as the __________.

A

Code of Criminal Procedure

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9
Q

Art. 1.02. EFFECTIVE DATE.

This Code shall take effect and be in force on and after _______________ .

A

January 1, 1966.

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10
Q

Art. 1.05. RIGHTS OF ACCUSED.

He shall have the right to demand the _____ and __________ of the accusation against him, and to have a copy thereof.

A

nature

cause

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11
Q

Art. 1.05. RIGHTS OF ACCUSED.

No person shall be held to answer for a felony unless on indictment of a _____

A

grand jury

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12
Q

Art. 1.18. OUTLAWRY AND TRANSPORTATION.

No citizen shall be outlawed, nor shall any person be transported out of the State for any offense committed within the same.

TRUE or FALSE

A

TRUE

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13
Q

Art. 2.131. RACIAL PROFILING PROHIBITED.
A peace officer _______ engage in racial profiling.

A

may not

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14
Q

CCP Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING

(B) Each law enforcement agency in this state shall adopt a detailed ________ policy on racial profiling.

A

written

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15
Q

CCP Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS.

(b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance _____ report to the LEA that employs the officer information relating to the stop,

A

shall

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16
Q

Art. 2.136. LIABILITY.
A peace officer is ______ for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 Reports Requires for Motor Vehicle Stops or under a policy adopted under Article 2.132 LEA Policy on Racial Profiling.

A

not liable

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17
Q

CCP Art. 2.1385. CIVIL PENALTY.
a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134 Compilation and Analysis of Information Collected, the agency is liable to the state for a civil penalty in an amount not to exceed ________ for each violation.

A

$5,000

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18
Q

Art. 2.14. MAY SUMMON AID. Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he ___ summon a sufficient number of citizens of his county to overcome the____; and all persons summoned are bound to obey.

A

shall;

resistance

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19
Q

CCP Art. 2.20. DEPUTY.

Wherever a duty is imposed by this Code upon the ________, the same duty may lawfully be performed by his deputy.

A

sheriff

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20
Q

CCP Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE.
(a) On receipt of a report that is assigned the highest priority in accordance with rules adopted by the Department of Family and Protective Services under Section 261.301(d), Family Code, and that alleges an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child by a person responsible for the care, custody, or welfare of the child, a peace officer… shall investigate the report….as soon as possible after being notified by the department of the report, but not later ______ after being notified, the peace officer shall accompany the department investigator in initially responding to the report.

A

than 24 hours

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21
Q

CCP Art. 2.271. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE, NEGLECT, OR EXPLOITATION.
Notwithstanding Article 2.27, on receipt of a report of _____, _______, _______, or other complaint of a resident of a nursing home, convalescent home, or other related institution or an assisted living facility, under Section 260A.007(c)(1), Health and Safety Code, the appropriate local law enforcement agency shall investigate the report as required by Section 260A.017, Health and Safety Code.

A

abuse,

neglect,

exploitation

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22
Q

CCP Art. 2.28. DUTIES REGARDING MISUSED IDENTITY.
On receipt of information to the effect that a person’s identifying information was falsely given by a person arrested as the arrested person’s identifying information, the local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall:

A

(1) notify the person that:

(A) the person’s identifying information was misused by another person arrested in the county;

(B) the person may file a declaration with DPS under GS Section 411.0421;

(C) the person is entitled to expunction… under CCPChapter 55;

and

(2) notify DPS regarding:

(A) the misuse of the identifying information;

(B) the actual identity of the person arrested, if known by the agency; and

(C) whether the agency was able to notify the person whose identifying information was misused.

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23
Q

CCP Art. 2.29. REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.
(a) A peace officer to whom an alleged violation of Section 32.51, Penal Code, is reported shall make a written report to the LEA that employs the peace officer that includes the following information:

A

(1) V’s name;
(2) the name of the suspect, if known;
(3) the type of ID info obtained, possessed, transferred, or used; and
(4) the results of any investigation.

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24
Q

CCP Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES. (a) This article applies only to the following offenses:

A

(1) assault

(2) agg. assault

(3) sexual assault

(4) agg sexual assault

(5) terroristic threat

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25
Q

Art. 3.05. RACIAL PROFILING.
In this code, “racial profiling” means a law enforcement-initiated action based on an individual’s _______, _______, ______ rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity.

A

race, ethnicity, or national origin

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26
Q

CCP Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION.

All of the following courts have criminal jurisdiction in Texas except:

  1. The Court of Criminal Appeals
  2. District Courts
  3. Texas Supreme Court
  4. County Courts
  5. Municipal Courts
A

Texas Supreme Court

(does not have criminal jurisdiction)

REF:

Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The following courts have jurisdiction in criminal actions:

1. The Court of Criminal Appeals;

  1. Courts of appeals;

3. The district courts;

  1. The criminal district courts;
  2. The magistrates appointed by the judges of the district courts of Bexar County, Dallas County, Tarrant County, or Travis County that give preference to criminal cases and the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County;

6. The county courts;

  1. All county courts at law with criminal jurisdiction;
  2. County criminal courts;
  3. Justice courts;

10. Municipal courts; and

  1. The magistrates appointed by the judges of the district courts of Lubbock County.
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27
Q

CCP Art. 4.03. COURTS OF APPEALS.
The Courts of Appeals shall have appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the _________ has been assessed.

A

death penalty

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28
Q

CCP Art. 4.04. COURT OF CRIMINAL APPEALS

Sec. 1. The Court of Criminal Appeals and each judge thereof shall have, and is hereby given, the power and authority to grant and issue and cause the issuance of ____________, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and ___________.

A

writs of habeas corpus

certiorari

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29
Q

CCP Art. 4.05. JURISDICTION OF DISTRICT COURTS.
District courts and criminal district courts shall have _________ 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.

A

original

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30
Q

CCP Art. 4.07. JURISDICTION OF COUNTY COURTS.
The county courts shall have original jurisdiction (the first court to rule on this type of case) of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed __________.

A

five hundred dollars

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31
Q

CCP Art. 4.08. APPELLATE JURISDICTION OF COUNTY COURTS.
The county courts shall have appellate jurisdiction in criminal cases of which _________ courts and other __________ courts have original jurisdiction.

A

justice

inferior

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32
Q

CCP Art. 4.09. APPEALS FROM INFERIOR COURT.
If the jurisdiction of any county court has been transferred to the district court or to a county court at law, then an appeal from a justice or other inferior court will lie to the court __________________.

(it’s not the right of the county court rule anymore after the jurisdiction has been passed)

A

to which such appellate jurisdiction has been transferred.

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33
Q

CCP Art. 4.11. JURISDICTION OF JUSTICE COURTS.

(a) Justices of the peace shall have original jurisdiction in criminal cases:
(1) punishable by fine only

OR

punishable by ____________

A

fine and a sanction

not consisting of confinement or imprisonment

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34
Q

CCP Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT.

(d) A defendant who is taken before a magistrate in accordance with Article 15.18 Arrest for Out-of-County Arrest, may waive trial by _____ and enter a written plea of _______ or nolo contendere.

A

jury

guilty

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35
Q

CCP Art. 4.13. JUSTICE MAY FORFEIT BOND.
A justice of the peace shall have the power to take forfeitures of all bonds given for the _______ of any party at his court, regardless of the amount.

A

appearance

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36
Q

CCP Art. 4.14. JURISDICTION OF MUNICIPAL COURT - FINES

Municipal Court fines are not to exceed $______ in all cases arising under municipal ordinances that govern fire safety, zoning, or public health and sanitation, other than the dumping of refuse

OR

$_______ in all other cases arising under a municipal ordinance.

A

$2,000

$500

(1) arise under the ordinances of the municipality;

and (2) are punishable by a fine not to exceed:

(A) $2,000 in all cases arising under municipal ordinances that govern fire safety, zoning, or public health and sanitation, other than the dumping of refuse;

(B) $4,000 in cases arising under municipal ordinances that govern the dumping of refuse; or

(C) $500 in all other cases arising under a municipal ordinance.

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37
Q

CCP Art. 4.14. JURISDICTION OF MUNICIPAL COURT - FORFEITURE

(e) The municipal court has jurisdiction in the forfeiture and final judgment of all ______ and _______ bonds taken in criminal cases of which the court has jurisdiction.

A

bail bonds

personal

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38
Q

CCP Art. 4.14. JURISDICTION OF MUNICIPAL COURT.
(a) A municipal court, including a municipal court of record, shall have __________ original jurisdiction within the territorial limits of the municipality in all criminal cases that:

(1) arise under the _______ of the municipality;

A

exclusive

ordinances

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39
Q

Art. 5.01. LEGISLATIVE STATEMENT. (a) _____is a serious danger and threat to society and its members. Victims of family violence are entitled to the _____ from harm or abuse or the threat of harm or abuse as is permitted by law.

A

Family violence ;

maximum protection

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40
Q

Art. 5.03. FAMILY OR HOUSEHOLD RELATIONSHIP DOES NOT CREATE AN EXCEPTION TO OFFICIAL DUTIES. A general duty prescribed for an officer by Chapter 2 of this code is not ____or excepted in any family violence case or investigation because of a family or household relationship between an alleged violator and the victim of family violence.

A

waived

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41
Q

Art. 5.04. DUTIES OF PEACE OFFICERS. (a) The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence are to ____________enforce the law of this state, enforce a protective order from another jurisdiction as provided by Chapter 88, Family Code, and make_______.

A

protect any potential victim of family violence:

lawful arrests of violators

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42
Q

Art. 5.05. REPORTS AND RECORDS. (a) A peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence _____a written report, including but not limited to: (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.

A

shall make

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43
Q

Art. 5.05. REPORTS AND RECORDS. (a) A peace officer 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:

(1)

(2)

(3)

(4)

(5)

A

(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.

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44
Q

Art. 5.07. VENUE FOR PROTECTIVE ORDER OFFENSES.

The venue for an offense under Section 25.07 or 25.072, Penal Code, is in the ___________or, without regard to the identity or location of the court that issued the protective order, in the county ___________.

A

county in which the order was issued;

in which the offense was committed

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45
Q

CCP Art. 59.01 FORFEITURE OF CONTRABAND, DEFINITIONS

(2) “Contraband” means property of any nature, including real, personal, tangible, or intangible, that is:

A

(A) used in the commission of a felony;

(B) used or intended to be used in the commission of a felony;

(C) the proceeds gained from the commission of a felony;

(D) acquired with proceeds gained from the commission of a felony

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46
Q

CCP Art. 59.02. FORFEITURE OF CONTRABAND.
(a) Property that is contraband is subject to __________________ under this chapter.

A

seizure and forfeiture

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47
Q

CCP Art. 59.03. SEIZURE OF CONTRABAND.
(a) Property subject to forfeiture under this chapter, other than property described by Article 59.12 Seizure of Account and Assets at Regulated Financial Institution, may be seized by any peace officer under authority of a _________________.

A

search warrant

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48
Q

CCP Art. 59.04. NOTIFICATION OF FORFEITURE PROCEEDING.
(a) If a peace officer seizes property under this chapter, the attorney representing the state (aka prosecution) shall commence proceedings under this section not later than the ______ day after the date of the seizure.

A

30th

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49
Q

Art. 6.05. DUTY OF PEACE OFFICER AS TO THREATS. It is the duty of every peace officer, when he may have been informed in any manner that a threat has been made by one person to do some injury to himself or to the person or property of another, including the person or property of his spouse, to ______the threatened injury, if within his power

A

prevent

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50
Q

Art. 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 the person or property of another, including the person or property of his spouse, or injure himself, it is his duty to prevent it; and, for this purpose the peace officer may summon ____of the citizens of his county to his aid.

A

any number

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51
Q

Art. 6.06. PEACE OFFICER TO PREVENT INJURY

The peace officer must use the amount of force ______to prevent the commission of the offense, and no greater.

A

necessary

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52
Q

Art. 6.07. CONDUCT OF PEACE OFFICER. The conduct of peace officers, in preventing offenses about to be committed in their presence, or within their view, is to be regulated by the same rules as are prescribed to the action of the person about to be injured. They may use all force ______to repel the aggression.

A

necessary

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53
Q

Art. 6.08. PROTECTIVE ORDER PROHIBITING OFFENSE CAUSED BY BIAS OR PREJUDICE. (a) At any proceeding in which the defendant appears in constitutional county court, statutory county court, or district court that is related to an offense under Title 5(______), Penal Code, or Section 28.02(______), 28.03(_____), or 28.08(____), Penal Code, in which it is alleged that the defendant committed the offense because of bias or prejudice as described by Article 42.014, a person may request the court to render a protective order under Title 4, Family Code, for the protection of the person.

A

Offenses against the person;

Arson;

Criminal mischief;

Graffiti

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54
Q

Art. 8.07. UNLAWFUL ASSEMBLY. The Articles of this Chapter relating to the ______apply equally to an unlawful assembly and other unlawful disturbances, as defined by the Penal Code.

A

suppression of riots

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55
Q

Art. 2.13 DUTIES AND POWERS

In the execution of their duties and powers, the officer shall… (list four duties)

A

(b) The officer shall:
(1) in every case authorized…, interfere without warrant to prevent or suppress crime;
(2) execute all lawful process issued to the officer by any magistrate or court;
(3) give notice to some magistrate of all offenses committed within the officer’s jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and
(4) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.

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56
Q

Except as otherwise provided by this chapter, any offense that bears the title “_____” shall carry the same limitation period as the primary crime.

A

aggravated

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57
Q

Sec. 71.004. “

an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself

(2) abuse, by a member of a family or household toward a child of the family or household;

or (3) dating violence,

A

Family violence”

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58
Q

Sec. 71.005. “____” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.

A

HOUSEHOLD.

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59
Q

Statute of limitations for all misdemeanors

A

2 years

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60
Q

The limitation period for criminal attempt is ___ as that of the offense attempted.

A

the same

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61
Q

The limitation period for criminal conspiracy or organized criminal activity is the same as that of the _____that is the object of the conspiracy or the organized criminal activity.

A

most serious offense

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62
Q

The limitation period for criminal solicitation is____ as that of the felony solicited.

A

the same

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63
Q

What are the statute of limitations on the following Felonies?

1) money laundering
2) credit card or debit card abuse under Section 32.31, Penal Code;
3) fraudulent use or possession of identifying information under Section 32.51, Penal Code
4) exploitation of a child, elderly individual, or disabled individual under Section 32.53, Penal Code

A

7 years

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64
Q

What are the statute of limitations on the following Felonies?

1) misapplication of fiduciary property or property of a financial institution
2) securing execution of document by deception
3) a felony violation under Chapter 162, Tax Code
4) false statement to obtain property or credit under Section 32.32, Penal Code

A

7 years

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65
Q

What are the statute of limitations on the following Felonies?

1) theft or robbery;
2) kidnapping or burglary;
3) injury to an elderly or disabled individual that is not punishable as a felony of the first degree
4) abandoning or endangering a child
5) insurance fraud

A

5 years

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66
Q

What are the statute of limitations on the following Felonies?

1) theft by public servant
2) forgery
3) injury to elderly or disabled person as 1st degree
4) sexual assault
5) arson, trafficking of persons
6) compelling prostitution

A

10 years

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67
Q

What are the statute of limitations on the following Felonies?

1) indecency with a child
2) trafficking of children
3) Continuous trafficking of children
4) compelling prostitution of children

A

no limitations

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68
Q

What are the statute of limitations on the following Felonies?

1) Murder and manslauaghter
2) Sexual assault of a child and Agg sexual assault of a child
3) Sexual assault with DNA evidence
4) continuous sexual abuse of young children

A

No limitations

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69
Q

What are the statute of limitations on the following Felonies?

1) Medicaid fraud under Section 35A.02, Penal Code; or
2) bigamy under Section 25.01, Penal Code, except as provided by Subdivision (6);

A

7 years

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70
Q

What is Writ of Certiorari?

A
  • Latin: to be informed of a means of gaining appellate review.*
  • The Supreme Court decides if it wants to hear a case.*

A common-law writ, issued from a superior court, directed to one of inferior jurisdiction, commanding the latter to certify and return to the former the record in the particular case. The writ is issued in order that the court issuing the writ may inspect the proceedings and determine whether there have been any irregularities. In the United States Supreme Court the writ is discretionary with the Court and will be issued to any court in the land to review a federal question if at least 4 out of 9 justices vote to hear the case. A similar writ used by some state courts is called certification.

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71
Q

What is Writ of Procedendo?

A
  • Latin: duty to have proceeded.*
  • To proceed about the case; on pause to figure out if the evidence will be allowed or not.*

Refers to writ issued by a superior court when a cause has been improperly removed to it, as by certiorari, commanding the inferior court from which it was removed to assume jurisdiction and proceed to judgement on the cause. It is more frequently called a remand (back down).

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72
Q

What is Writ of Prohibition?

A

Superior court rules on… not your place.

A prerogative writ issued by a superior court that prevents an inferior court or tribunal from exceeding its jurisdiction or usurping jurisdiction which it has not been given by law. It is an extraordinary writ and is only issued when the party seeking it is without other means of redress for the wrong about to be inflicted by the act of the inferior court. Where the action sought to be prohibited it judicial in nature, the writ may be exercised against public officers. Sometimes it is referred to simply as prohibition.

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73
Q

What is Writs of Mandamus?

A
  • Latin: we command*
  • Man, damn do your job! Higher court ordering lower to do its job*

An extraordinary writ issued from a court to an official compelling performance of a ministerial act that the law recognizes as an absolute duty, as distinct from other types of acts that may be a matter of the official’s discretion. It is extraordinary in the sense that it is used only when all other judicial remedies have failed.

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74
Q

years from the date of the commission of the offense: all other felonies.

A

3 years

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75
Q

_____ shall have original jurisdiction in criminal cases of a grade of felony and of all misdemeanors involving official misconduct

A: courts of appeals

B: county courts at law

C: district courts

D: supreme courts

E: municipal courts

A

C: district courts

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76
Q

______ includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together

A

“Family”

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77
Q

(11) ___________ commissioned by a city with a population of more than 1.18 million located primarily in a county with a population of 2 million or more that operates an airport that serves commercial air carriers;

A

airport police officers

78
Q

(12) ______________ commissioned as peace officers by the governing body of any political subdivision of this state, other than a city described by Subdivision (11), that operates an airport that serves commercial air carriers;

A

airport security personnel

79
Q

(13) _____________ park and recreational patrolmen and security officers;

A

municipal

80
Q

(14) security officers and investigators commissioned as peace officers by the _________;

A

comptroller

81
Q

(15) officers commissioned by a water control and improvement district under Section 49.216, __________.

A

Water Code

82
Q

(16) officers commissioned by a _________under Chapter 54, Transportation Code;

A

board of trustees

83
Q

(17) ____________ commissioned by the Texas Medical Board;

A

investigators

84
Q

(19) _____________ commissioned under Subchapter E, Chapter 351, Local Government Code;

A

county park rangers

85
Q

(2) __________, deputy (singular) __________, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

Hint: if you see “deputy” as a singular and it’s Chapter 1701, think of two words: deputy + C….

A

constables

86
Q

(20) investigators employed by the ___________ Commission;

A

Texas Racing

87
Q

(22) officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, __________, or by a regional transportation authority under Section 452.110, __________.

A

Transportation Code

88
Q

(23) investigators commissioned by the ________ under Section 402.009, Government Code;

A

attorney general

89
Q

(24) security _______ and investigators commissioned as peace officers under Chapter 466, Government Code;

A

officers

90
Q

(25) officers appointed by an _________ court under Subchapter F, Chapter 53, Government Code;

A

appellate

91
Q

(26) officers commissioned by the state fire marshal under Chapter 417, ______________.

A

Government Code

92
Q

(28) _______________ and inspectors general commissioned by the Texas Juvenile Justice Department as officers under Sections 242.102 and 243.052, Human Resources Code

A

apprehension specialists

93
Q

(29) officers appointed by the inspector general of the ___________________ under Section 493.019, Government Code;

A

Texas Department of Criminal Justice

94
Q

(3) __________ or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

A

marshals

95
Q

(30) investigators commissioned by the _____________ under Section 1701.160, Occupations Code;

A

Texas Commission on Law Enforcement

96
Q

(31) _____________ commissioned by the Texas Private Security Board under Section 1702.061, Occupations Code;

A

commission investigators

97
Q

(32) the __________ and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code;

A

fire marshal

98
Q

(33) officers commissioned by the State Board of Dental _______ under Section 254.013, Occupations Code, subject to the limitations imposed by that section;

A

Examiners

99
Q

(34) investigators commissioned by the Texas Juvenile Justice Department as ______ under Section 221.011, Human Resources Code

A

officers

100
Q

(35) the fire marshal and any related officers, __________ , or investigators commissioned by a county under Subchapter B, Chapter 352, Local Government Code.

A

inspectors

101
Q

(4) ________ , officers, and members of the reserve officer corps commissioned by the Public Safety Commission and the Director of the Department of Public Safety;

Hint: DPS is a state (level) agency. Think of Stephen F. Austin as the Director of TX ….

A

rangers

102
Q

(5) ___________ of the district attorneys’, criminal district attorneys’, and county attorneys’ offices;

Hint/Mnemonic: part of the answer includes “gators”. Imagine alligators / gator invading a flooded district and hunting for attorneys:)

A

investigators**

103
Q

(6) law enforcement agents of the Texas ___________ Commission;

Hint: the answer starts with A. You can also think of rowdy agents getting drunk.

A

Alcoholic Beverage Commission

104
Q

(7) each member of an ________ investigating unit commissioned by a city, a county, or the state;

Hint: the definition has an indefinite article. You can also think: “Investigators were indefinite how the fire started”

A

arson

105
Q

(8) officers commissioned under Section 37.081, _________ , or Subchapter E, Chapter 51, E______ Code;

Hint: Subchapter E - E…. Code

Sec. 37.081. SD PO’s and Security Personnel

A

Education Code

106
Q

(9) officers commissioned by the ________ Services Commission;

Hint: similar to GSA

A

General

107
Q

18) officers commissioned by:

(A) the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, the Bexar County Hospital District, or the El Paso County Hospital District under Section 281.057, ____________;

(B) the board of directors of the Ector County Hospital District under Section 1024.117, Special District Local Laws Code; and

(C) the board of directors of the Midland County Hospital District of Midland County, Texas, under Section 1061.121, Special District Local Laws Code;

A

Health and Safety Code

108
Q

2.11. EXAMINING COURT. When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an ____.

A

examining court.

109
Q

21) officers commissioned under Chapter 554, ______________

A

Occupations Code

110
Q

27) an investigator commissioned by the ____________ of insurance under Section 701.104, Insurance Code;

A

commissioner

111
Q

6.09. STALKING PROTECTIVE ORDER. (a) At any proceeding related to an offense under Section 42.072, Penal Code, in which the defendant appears before the court, a person may request the court to render _____under Title 4, Family Code, for the protection of the person.

A

a protective order

112
Q

7A.01. APPLICATION FOR PROTECTIVE ORDER. (a) The following persons may file an application for a protective order under this chapter without regard to the relationship between the applicant and the alleged offender:

A

1) a person who is the victim of an offense
(2) a parent or guardian acting on behalf of a person younger than 17 years of age who is the victim of an offense

; (3) a parent or guardian acting on behalf of a person younger than 18 years of age who is the victim of an offense li

(4) a prosecuting attorney acting on behalf of a person

113
Q

8.01. OFFICER MAY REQUIRE AID. When any officer authorized to execute process is resisted, or when he has sufficient reason to believe that he will meet with resistance in executing the same, he may command _____of the citizens of his county as he may think proper;

A

as many

114
Q

8.04. DISPERSING RIOT. Whenever a number of persons are assembled together in such a manner as to constitute a riot, according to the penal law of the State, it is the duty of_____ or _____to cause such persons to disperse. This may either be done by commanding them to disperse or by arresting the persons engaged, if necessary, either with or without warrant.

A

every magistrate;

peace officer

115
Q

8.06. MEANS ADOPTED TO SUPPRESS. The officer engaged in suppressing a riot, and those who aid him are authorized and justified in adopting ____as are necessary to suppress the riot, but are not authorized to use any greater degree of force than is requisite to accomplish that object.

A

such measures

116
Q

8.09. POWER OF SPECIAL CONSTABLE. Special constables so appointed shall, during the time for which they are appointed, exercise the powers and perform the duties properly belonging to _____.

A

peace officers

117
Q

A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence___ advise any possible adult victim of all reasonable means to prevent further family violence, including giving ______ of a victim’s legal rights and remedies and of the availability of shelter or other community services for family violence victims.

A

shall

written notice

118
Q

A peace officer who provides assistance under Subsection (a) of this article is not: (1) ___for an act or omission of the officer that arises in connection with providing the assistance or determining whether to provide the assistance; or

(2) ___ or ____liable for the wrongful appropriation of any personal property by the victim.

A

civilly liable;

civilly or criminally

119
Q

Art. 1.03. OBJECTS OF THIS CODE.

Which of the following is NOT an object sought by this code?

a) To adopt measures for preventing the commission of crime;
b) To insure a fair and impartial trial;
c) To ensure the State takes as long as they need or ant to prosecute all cases
d) To exclude the offender from all hope of escape

A

c) To ensure the State takes as long as they need or ant to prosecute all cases

This Code is intended to embrace rules applicable to the prevention and prosecution of offenses against the laws of this State, and to make the rules of procedure in respect to the prevention and punishment of offenses intelligible to the officers who are to act under them, and to all persons whose rights are to be affected by them. It seeks:

1. To adopt measures for preventing the commission of crime;

2. To exclude the offender from all hope of escape;

  1. To insure a trial with as little delay as is consistent with the ends of justice;
  2. To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal;

5. To insure a fair and impartial trial; and

  1. The certain execution of the sentence of the law when declared.
120
Q

Art. 1.04. DUE COURSE OF LAW.

No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the _______ of the law of the land.

A

due course

121
Q

Art. 1.05. RIGHTS OF ACCUSED.

In all criminal prosecutions the accused shall have a ________ by an _____ jury.

A

speedy public trial

impartial jury

122
Q

Art. 1.051. RIGHT TO REPRESENTATION BY COUNSEL.

__________ is defined as a person indicted or complained of who is without funds or ability to hire a lawyer to defend him and who, is most instances, is entitled to an appointed counsel, consistent with protection of the 6th and 14th Amendements to the U.S. Constitution.

A

indigent

(b) For the purposes of this article and Articles 26.04 and 26.05 of this code, “indigent” means a person who is not financially able to employ counsel.

123
Q

Art. 1.06. SEARCHES AND SEIZURES.

The people shall be secure in their ________, ________, and __________and possessions from all unreasonable seizures or searches. No warrant to search any place or to seize any person or thing shall issue without describing them as near as may be, nor without _____________ supported by oath or affirmation.

A

persons, houses, papers

probable cause

124
Q

Art. 1.07. RIGHT TO BAIL.

All prisoners shall be bailable unless _________________________.

A

for capital offenses when the proof is evident.

125
Q

Art. 1.08. HABEAS CORPUS.

The writ of habeas corpus is a writ of right and shall never be suspended.

Habeas Corpus is Latin for

A

You have the body

126
Q

Art. 1.09. CRUELTY FORBIDDEN.

Excessive _______ shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.

A

bail

127
Q

Art. 1.10. JEOPARDY.

No person for the ______ shall be twice put in jeopardy of life or liberty; nor shall a person be again put upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction.

A

same offense

128
Q

Art. 1.11. ACQUITTAL A BAR.

An acquittal of the defendant exempts him from a second trial or a second prosecution for the same offense, however irregular the proceedings may have been; but if the defendant shall have been acquitted upon trial in a court having no jurisdiction of the offense, he may be prosecuted again in a court ____________.

A

having jurisdiction

129
Q

Art. 1.12. RIGHT TO JURY.

The right of trial by jury shall remain _____________.

A

inviolate

130
Q

Art. 1.13. WAIVER OF TRIAL BY JURY.

(a) The defendant in a criminal prosecution for any offense other than a capital felony case in which the state notifies the court and the defendant that it will seek the death penalty shall have the right, upon entering a plea, to waive the right of trial by jury, conditioned, however, that, except as provided by Article 27.19, the waiver must be made in person by the defendant in writing in open court with the consent and approval of the court, and __________________ .

A

the attorney representing the state AND the court

3 parties have to agree to the waiver:

  1. defendant
  2. court / judge
  3. prosecutor
131
Q

Art. 1.14. WAIVER OF RIGHTS.

(b) If the defendant does not object to a defect, error, or irregularity of form or substance in an indictment or information before the date on which the trial on the merits commences, he __________ the right to object to the defect, error, or irregularity and he may not raise the objection on appeal or in any other postconviction proceeding.

A

waives and forfeits

132
Q

Art. 1.141. WAIVER OF INDICTMENT FOR NONCAPITAL FELONY.

_______ is a formal accusation, drawn up and submitted to a grand jury by the public prosecuting attorney, chargin one or more persons with a crime.

A

Indictment

CCP, Chapter 21. INDICTMENT AND INFORMATION

Art. 21.01. “INDICTMENT”. An “indictment” is the 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.

133
Q

Art. 1.15. JURY IN FELONY.

…. be necessary for the state to introduce evidence into the record showing the guilt of the defendant and said evidence shall be accepted by the court as the basis for its judgment and in no event shall a person charged be convicted upon his plea without____________ to support the same…

A

sufficient evidence

134
Q

Art. 1.16. LIBERTY OF SPEECH AND PRESS.

Liberty of Press - The right to publish and circulate one’s views, as guaranteed to by ____ Amendement.

A

First Amendment

Freedom of the press in the United States is legally protected by the First Amendment to the United States Constitution. This amendment is generally understood to prevent the government from interfering with the distribution of information and opinions.

Nevertheless, freedom of the press In the United States is subject to certain restrictions, such as defamation law, a lack of protection for whistleblowers, barriers to information access and constraints caused by public hostility to journalists.

135
Q

Art. 1.17. RELIGIOUS BELIEF.

… all oaths or affirmations shall be administered _____________________.

A

in the mode most binding upon the conscience

136
Q

Art. 1.21. PRIVILEGE OF LEGISLATORS.

Senators and Representatives shall, except in cases of treason, felony or ____________ be privileged from arrest during the session of the Legislature, and in going to and returning from the same,

A

breach of the peace

137
Q

Art. 1.23. DIGNITY OF STATE.

All justices of the Supreme Court, judges of the Court of Criminal Appeals, justices of the Courts of Appeals and judges of the District Courts, shall, by virtue of their offices, be _____________ throughout the State.

A

conservators of the peace

138
Q

Art. 1.24. PUBLIC TRIAL.

The __________in all courts shall be public.

A

proceedings and trials

139
Q

Art. 1.25. CONFRONTED BY WITNESSES.

The defendant, upon a trial, shall be confronted with the witnesses, except in certain cases provided for in this Code where ____________ have been taken.

A

depositions

140
Q

Art. 1.27. COMMON LAW GOVERNS.

If this Code fails to provide a rule of procedure in any particular state of case which may arise, the rules of the _________ law shall be applied and govern.

A

common law

141
Q

CCP, Art. 2.13. DUTIES AND POWERS.
(a) It is the duty of every peace officer to preserve the peace within the officer’s jurisdiction. To effect this purpose, the officer shall use ___ ____means.

A

all lawful

142
Q

CCP Art. 2.16. NEGLECTING TO EXECUTE PROCESS.
If 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 to a fine for contempt not less than ____ nor more than _______dollars, at the discretion of the court. The payment of such fine shall be enforced in the same manner as fines for contempt in civil cases.

A

$10 - $200

not less than $10
no more than $200

143
Q

CCP Art. 2.17. CONSERVATOR OF THE PEACE.

Each sheriff shall be a _________of the peace in his county, and shall 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

conservator

144
Q

CCP Art. 2.18. CUSTODY OF PRISONERS.

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

A

magistrate

145
Q

Each law enforcement officer shall accept a certified copy of an original or modified protective order as proof of the validity of the order and it is presumed the order remains valid unless:

(1)

(2)

(3)

A

(1) the order contains a termination date that has passed;
(2) it is more than one year after the date the order was issued; or
(3) the law enforcement officer has been notified by the clerk of the court vacating the order that the order has been vacated.

146
Q

Each protective order issued under this chapter, ____for a temporary ex parte order, must contain the following prominently displayed statement in boldfaced type, capital letters, or underlined: “A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE OFFENSE IN ADDITION TO A VIOLATION OF THIS ORDER.”

A

except

147
Q

Art. 5.01. LEGISLATIVE STATEMENT.

(b)In any law enforcement, prosecutorial, or judicial response to allegations of family violence, the responding law enforcement or judicial officers ___protect the victim, ______ to the relationship between the alleged offender and victim.

A

shall

without regard

148
Q

What is Nolo Contendere?

A
  • Latin: no contest*
  • Cover both fine and imprisonment.*

In a criminal proceeding, a defendant may enter a plea of nolo contendere, in which the defendant does not accept or deny responsibility for the charges but agrees to accept punishment.

The plea differs from a guilty plea because a “no contest” plea cannot be used against the defendant in another cause of action.

Some states do not allow defendants to ask the court’s permission to plead nolo contendere. In federal cases, the Rules of Federal Criminal Procedure allow such pleas, with the court’s permission.

https://www.law.cornell.edu/wex/nolo_contendere

149
Q

What is Writ of Habeas Corpus?

A

Latin: produce the body

A court order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person’s detention. The procedure provides a means for prison inmates, or others acting on their behalf, to dispute the legal basis for confinement. Habeas corpus has deep roots in English common law.

Often, the court holds a hearing on the matter, during which the inmate and the government can both present evidence about whether there is a lawful basis for jailing the person. The court may also issue and enforce subpoenas in order to obtain additional evidence.

Depending on what the evidence reveals, the judge may grant the inmate relief such as:

Release from prison
Reduction in the sentence
An order halting illegal conditions of confinement, or
A declaration of rights.

It’s important not to confuse habeas corpus with the right of direct appeal. Criminal defendants are always entitled to appeal a conviction or sentence to a higher court, which then reviews the trial judge’s rulings. Habeas corpus provides a separate avenue for challenging imprisonment, and is normally used after a direct appeal has failed. It often serves as a last resort for inmates who insist that a miscarriage of justice has occurred.

150
Q

(1) ________ , their deputies (plural), and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

Hint: this is the only definition in CCP Art. 2.12 that has plural for deputies.

A

sheriffs

151
Q

CCP 14.01 A _____or any other ___, 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.

A

peace officer; person

152
Q

A peace officer or any other person, ___, without a warrant, arrest an offender when the offense is committed in his ____ or within his view, if the offense is one classed as a ____ or as an offense against the public peace.

A

may; presence; felony

153
Q

A peace officer may arrest an offender without a warrant for any offense committed in his ____ or within his ___.

A

presence; view

154
Q

14.02. WITHIN VIEW OF MAGISTRATE. A peace officer may arrest, without warrant, when a ____ or ___ has been committed in the presence or within the view of a magistrate, and such magistrate____orders the arrest of the offender.

A

felony; breach of the peace; verbally

155
Q

14.03. AUTHORITY OF PEACE OFFICERS. (a) Any peace officer may arrest, without warrant: (1) persons found in___and under circumstances which reasonably show that such persons have been guilty of some____, violation of (Title 9_____), (Chapter 42____), Penal Code, breach of the peace, or offense under (Section 49.02___), Penal Code, or threaten, or are about to commit some offense against the laws;

A

suspicious places; felony; offenses against public order and decency; Disorderly conduct; Riot

156
Q

14.03. AUTHORITY OF PEACE OFFICERS. (a) Any peace officer may arrest, without warrant: persons who the peace officer has ___to believe have committed an ___ resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person

A

probable cause ; assault

157
Q

A peace officer____arrest, without a warrant, a person the peace officer has _____to believe has committed an offense under Section 25.07( violation of protective order), Penal Code, if the offense is committed in the presence of the peace officer.

A

shall ; probable cause

158
Q

14.031 Public intoxication. :In lieu of arresting an individual who is not a child, 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 _____ 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; or (B) verbally consents to ____for chemical dependency in a program in a treatment facility licensed and approved by the Texas Commission on Alcohol and Drug Abuse, and the program admits the individual for treatment.

A

unnecessary; adult; voluntary treatment

159
Q

14.04. WHEN FELONY HAS BEEN COMMITTED. Where it is shown by satisfactory proof to a _____, upon the representation of a credible person, that a____has been committed, and that the offender is about to ____, so that there is no time to procure a warrant, such peace officer may, without warrant, pursue and arrest the accused.

A

peace officer; felony ; escape.

160
Q

14.05. RIGHTS OF 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 _____ to the entry; or (2) ______require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.

A

consents; exigent circumstances

161
Q

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 _____of a person for the purpose of arresting that person for a ___ may continue the pursuit into this state and arrest the person.

A

fresh pursuit ; felony

162
Q

In this article, “fresh pursuit” means a pursuit without _____by a peace officer of a person the officer reasonably suspects has committed a felony

A

unreasonable delay

163
Q

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 _____, but not later than_____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.

A

unnecessary delay; 48 hours

164
Q

True/False 15.01. WARRANT OF ARREST. A “warrant of arrest” is a verbal or 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.

A

False. Written only

165
Q

15.02. REQUISITES OF WARRANT. It issues in the name of “The State of Texas”, and shall be sufficient, without regard to form, if it have these substantial requisites: 1. It must specify the _____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 ____ against the laws of the State, naming the offense. 3. It must be ____ by the magistrate, and his office be named in the body of the warrant, or in connection with his signature.

A

name of the person ; some offense; signed

166
Q

15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS. (a) A magistrate may issue a warrant of arrest or a summons: 1. In any case in which he is by law authorized to order ___ the arrest of an offender; 2. When any person shall make ___ 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 _____.

A

verbally; oath; warrants of arrest

167
Q

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 _____), shall extend to any part of the State

A

mayors of an incorporated city or town

168
Q

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 _____; 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 ____.

A

any part of the State; county in this State.

169
Q

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 ____________ ; or 2. If it be endorsed by any magistrate in the county in which the accused is found, it may be executed in _______ .

A

anywhere in the state; such county.

170
Q

15.16 HOW WARRANT IS EXECUTED (a) The officer or person executing a __________ shall without unnecessary delay take the person or have him taken ________ who issued the warrant or before the magistrate named in the warrant, if the magistrate is in the same county where the person is arrested.

A

warrant of arrest ; before the magistrate.

171
Q

15.17 DUTIES OF ARRESTING OFFICER AND MAGISTRATE. (a) In each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than _______ after the person is arrested, take the person arrested or have him taken before some magistrate.

A

48 hours.

172
Q

15.18 ARREST FOR OUT-OF-COUNTY-OFFENSES (a) A person arrested under a warrant issued in a county other than the one in which the person is arrested… The magistrate shall: (1) take bail if allowed by law, and, if without jurisdiction ________ transmit the bond taken to the court having jurisdiction of the offense.

A

immediately

173
Q

15.19 NOTICE OF ARREST (a) If the arrested person fails or refuses to give bail, as provided in Article 15.18, the arrested person shall be committed to the jail of the_________________________.

A

county where the person was arrested.

174
Q

15.20 DUTY OF SHERIFF RECEIVING NOTICE. (b) A sheriff who receives notice under Article 15.19(a)(2) of a warrant issued under Section 508.251, government Code, shall have the arrested person brought the ____ after the date the person is committed to the jail of the county in which the person was arrested.

A

11th Day.

175
Q

15.22 WHEN A PERSON IS ARRESTED. S person is arrested when he has been actually placed under _____ or taken into _____ by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.

A

restraint; custody.

176
Q

15.23 TIME OF ARREST An arrest may be made on any day or any time of the day or night. True or False.

A

True.

177
Q

15.24 WHAT FORCE MAY BE USED In making an arrest, all reasonable means are permitted to be used to effect it. ______________ however, shall be resorted to than is necessary to secure the arrest and detention of the accused.

A

No greater force.

178
Q

15.25 MAY BREAK DOOR 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.

A

Felony.

179
Q

15.27 NOTIFICATION TO SCHOOLS REQUIRED (a) A law enforcement agency that arrest any person or refers a child to the office or official designated by the juvenile board who the agency believes is enrolled as a student in a public primary or secondary school, for an offense listed in subsection (h), shall attempt to ascertain whether the person is so enrolled. If the law enforcement agency ascertains that the individual is enrolled as a student in the public primary or secondary school, the head of the agency or a person designated by the head of the agency shall orally notify the superintendent or a person designated by the superintendent in the school district in which the student is enrolled of that arrest or referral within _____________________________.

A

24 hours after the arrest or referral is made, or before the next school day, whichever is earlier.

180
Q

18.01. SEARCH WARRANT (a) A “search warrant” is a ________ issued by a ________ and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child to deliver to the magistrate any of the film exposed pursuant to the order.

A

written order; magistrate.

181
Q

18.011 SEALING OF AFFIDAVIT (a) An attorney representing the state in the prosecution of felonies may request a district judge or the judge of an appellate court to seal an affidavit presented under Article 18.01(b). The judge may order the affidavit sealed if the attorney establishes a compelling state interest in that:

A

(1) public disclosure of the affidavit would jeopardize the safety of a victim, witness, or confidential informant or cause the destruction of evidence; or (2) the affidavit contains information obtained from a court-order wiretap that has not expired at the time the attorney representing the state requests the sealing of the affidavit.

182
Q

18.02 GROUNDS FOR ISSUANCE (a) A search warrant may be issued to search for and seize: WHAT??

A

(1) Property acquired by theft or in any other manner which makes its acquisition a penal offense; (3) arms and munitions kept or prepared for the purposes of insurrection or riot.; (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. (11) persons.

183
Q

18.021 ISSUANCE OF SEARCH WARRANT TO PHOTOGRAPH INJURED CHILD (a) A search warrant may be issued to search for and photograph a child who is alleged to be the victim of the offenses of _____________________________.

A

injury to a child, sexual assault of a child, aggravated sexual assault of a child, continuous sexual abuse of young child or children.

184
Q

18.021 ISSUANCE OF SEARCH WARRANT TO PHOTOGRAPH INJURED CHILD (b) The officer executing the warrant may be accompanied by a photographer who is employed by a law enforcement agency and who acts under the direction of the officer executing the warrant. the photographer is entitled to access to the child _____________ the officer executing the warrant.

A

in the same manner as.

185
Q

18.03 SEARCH WARRANT MAY ORDER ARREST If the facts presented to the magistrate under article 18.02 of this chapter al establish the existence of probable cause that a person has committed some offense under the laws of this state, the search warrant may, in addition, order the arrest of such person. True or False?

A

True

186
Q

18.04 CONTENTS OF WARRANT A search warrant issued under this chapter, Chapter 18A, or Chapter 18B shall be sufficient if it contains the following requisites:

A

(1) that it run in the name of “The State of Texas”; (2) that it identify, as near as may be, that which is to be seized and name or describe, as near as may be, the person, place, or thing to be searched; (3) that it command any peace officer of the proper county to search forthwith the person, place or thing named; (4) that it be dated and signed by the magistrate; and (5) that the magistrate’s name appear in clearly legible handwriting or in typewritten form with the magistrate’s signature.

187
Q

18.05 WARRANTS FOR FIRE, HEALTH AND CODE INSPECTIONS. (a) Except as provided by Subsection (e) of this article, a search warrant may be issued to a ____________________ of the state of any county, city, or other political subdivision for the purpose of allowing the inspection of any specified premises to determine the presence of a fire or health hazard or unsafe building condition or a violation of any fire, health, or building regulation, statute, or ordinance.

A

fire marshal, health officer, or code enforcement official

188
Q

18.06 EXECUTION OF WARRANTS (a) A peace officer to whom a search warrant is delivered shall execute the warrant without delay and forthwith return the warrant to the proper magistrate. A search warrant issued under Article 18B.354 must be executed in the manner provided by Article 18B.355 not later than the _____ after the date of issuance. In all other cases , a search warrant must be executed within ______ from the time of its issuance.

A

11th day; three day.

189
Q

18.065. Execution of Warrant Issued by District Judge for DNA Specimen (a) A warrant issued by the judge of a district court under Article 18.02(10) to collect a DNA specimen from a person for the purpose of connecting that person to an offense may be executed in any county in this state. TRUE/FALSE?

A

True

190
Q

18.07. Days Allowed for Warrant to Run. (a) The period allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution, is: (1) _______ if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples; (3) _________ if the warrant is issued for a purpose other than that described by Subdivision (1) or (2).

A

15 whole days; three whole days.

191
Q

18.08. Power of Officer Executing Warrant. In the execution of a search warrant, the officer may call to his aid _______ of citizens in this county, who shall be bound to aid in the execution of the same.

A

Any number.

192
Q

18.09. Shall Seize Accused and Property. When the property which the officer is directed to search for and seize is found he shall take possession of the same and carry it before the _______. He shall also arrest any person whom he is directed to arrest by the warrant and immediately take such person before the ________.

A

magistrate; magistrate.

BPOC Study Material 2 (31 decks)

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