CCP - Test 2 Flashcards
CCP 14.01 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
CCP 14.02 A peace officer may arrest, without warrant, when a ______ or breach of the peace has been committed in the presence or within the view of a magistrate and such ___________ the arrest if the offender.
Felony; magistrate verbally orders
CCP 14.03 Persons found in ________ and under circumstances which reasonably show that such persons have been guilty of some _____ of Title 9, Chapter 42,Penal Code, _______ or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws;
Suspicious places; felony violation or breach of the peace
CCP 14.04 Where it is shown by satisfactory proof to a peace officer, upon the representation of a _______, that a felony has been committed, and that the offender is a bout to _____, so that there is no time to procure a warrant, such peace officer may, without warrant, pursue and arrest the accused.
Credible person; escape
14.03 Any peace officer shall arrest, without warrant:
A person the peace officer has probable cause to believe has committed the offense of violation of a protective order within the presence of the peace officer.
CCP 14.05 An officer making an arrest without a warrant may not enter a residence to make the arrest unless, a person who resides in the residence consents to the entry; or __________ require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.
Exigent Circumstances
CCP 14.051 (a) A peace officer commissioned and authorized by another state to make arrests for _____ 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.
Felonies
CCP 14.06 (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
Unnecessary delay; 48 hours
CCP 15.01 A warrant of arrest is a _________ 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.
Written Order
CCP 15.02 It issues in the name of “The State of Texas”, and shall be sufficient, without regard to form, if it have these substantial requisites:
(a) It must be 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
(b) It must state that the person is accused of some offense against the laws of the state, naming the offense
(c) It must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature
15.03 A magistrate may issue a warrant of arrest or summons in all of the following:
- In any case in which he is by law authorized to order verbally the arrest of an offender.
- When any person shall make oath before the magistrate that another has committed some offense against the laws of the State; and
- In any case in which he verbally orders he arrest of an offender
15.06 A warrant of arrest, issued by any county or distract clerk, or by any magistrate (expect mayors of any incorporated city or town), shall extend to ___________; and any peace officer to whom said warrant is direct, or into whose hands the same has been transferred shall be authorized to execute the same in any county in this state.
Any part of the state
CCP 15.07 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:
- It be endorsed by a judge of a court of record, in which case it may be executed _______
- If it be endorsed by any magistrate in the county in which the accused is found, it may ne executed__________
Anywhere in the State/ in such county
15.16 (a) The officer or person executing a warrant of arrest shall without unnecessary delay take the person or have him taken before:
a) the magistrate named in the warrant
b) the magistrate who issued the warrant
c) a magistrate in the county in which he was arrested
