CCP - Test 3 Flashcards
Chapter 14-15
Art. 14.01. OFFENSE WITHIN VIEW.
(b) A peace officer may arrest an offender without a warrant for ____ offense committed in his _____ or _____ ____ _____.
any
presence
within his view
Art. 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.
felony
breach of the peace
verbally
Art. 14.03. AUTHORITY OF PEACE OFFICERS.
(a) Any peace officer may arrest, without warrant:
(1) persons found in _______ places and under circumstances which reasonably show that such persons have been guilty of some:
- felony,
- violation of PC Title 9, Chapter 42*,
- breach of the peace, or
- offense under PC Sec. 49.02 Riot or
- threaten, or are about to commit some offense against the laws.
*TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY. CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
suspicious
Art. 14.03. AUTHORITY OF PEACE OFFICERS.
(a) Any peace officer may arrest, without warrant:
(2) persons who the peace officer has _____ _____ to believe have committed an assault resulting in BI and there is danger of further BI:
(3) PC Sec. 25.07 (Violation of Certain Court Orders… Family Violence, Child Abuse/Neglect, Sex Assult/Abuse, Stalking, Trafficking) offense if the offense is not committed in the presence of the peace officer + 6(b) committed in the presence of the peace officer.
(4) an offense involving family violence;
(5) PC Section 42.062(d) (Interference with Emergency Request for Assistance) offense, if the offense is not committed in the presence of the peace officer; or
(6) based on a statement, probable cause to believe that the person has committed a felony
probable cause
Art. 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 (list 3 conditions).
(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; or
(B) verbally consents to voluntary treatment 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.
Art. 14.04. WHEN FELONY HAS BEEN COMMITTED.
Where it is shown by ____ _____ to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may, ____ _____, pursue and arrest the accused.
satisfactory proof
without warrant
Art. 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) exigent ______ require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.
consents
circumstances
Art. 14.051. ARREST BY PEACE OFFICER FROM OTHER JURISDICTION.
(a) A peace officer commissioned and authorized by another state to make arrests for ______ who is in _____ pursuit of a person for the purpose of arresting that person for a _______ may continue the pursuit into this state and arrest the person.
felonies
fresh
felony
Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE.
(a) …the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without _______ delay, but not later than ____ hours after the person is arrested, before the
- _______ who may have ordered the arrest,
- before some _____of the county where the arrest was made without an order,
- before a ______ in any other county of this state.
unnecessary
48
magistrate
Art. 15.01. WARRANT OF ARREST.
A “warrant of arrest” is a ____ _____from a ______, 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
magistrate
Art. 15.02. REQUISITES OF WARRANT.
Name the 4 requisites of a warrant.
- It issues in the name of “The State of Texas”
- The AP’s name or SP’s description
- The offense against the laws of the State
- Magistrate’s signature
Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS.
(a) A magistrate may issue a warrant of arrest or a summons:
- In any case in which he is by law authorized to order ____the arrest of an offender;
- When ____ person shall make oath before the magistrate that another has committed some offense against the laws of the State; and
- In any case named in this Code where he is ____ authorized to issue warrants of arrest.
verbally
any
specially
Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS.
(b) A summons may be issued in any case where a warrant may be issued, and shall be in the same ____ 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 ____ 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 ____ shall be issued.
form
suitable
warrant
Art. 15.06. WARRANT EXTENDS TO EVERY PART OF THE STATE.
A warrant of arrest, issued by ___ county or district clerk, or by ____ magistrate (except mayors of an incorporated city or town), shall extend to ____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 ___ county in this State.
any
Art. 15.07. WARRANT ISSUED BY OTHER MAGISTRATE.
When a warrant of arrest is issued by any ___ 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 ____ of a court of record, in which case it may be executed anywhere in the State; or
- If it be endorsed by any ______in the county in which the accused is found, it may be executed in such county.
- mayor
- judge (anywhere in the State)
- magistrate (county where accused in found)
Art. 15.16. HOW WARRANT IS EXECUTED.
(a) The officer or person executing a warrant of arrest shall without ____ ____ take the person or have him taken before
- the magistrate who issued the warrant or
- before issuing or named magistrate, if the magistrate is in the same or another county where the person is arrested.
unnecessary delay
Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE.
(a) …the person making the arrest or the person having custody of the person arrested shall without ____ ____, but not later than ____ ___ after the person is arrested, take the AP
- before some _____ of the county where the accused was arrested or …
- before a ______in any other county of this state.
unnecessary delay
48 hours
magistrate
Art. 15.18. ARREST FOR OUT-OF-COUNTY OFFENSE.
(a) A person arrested under a warrant issued in a county other than the one in which the person is arrested shall be taken before a magistrate of the county where the arrest takes place or…before a magistrate in any other county of this state, including the county where the warrant was issued. The magistrate shall:
(1) take ____ , if allowed by law, and, if without jurisdiction, ______ transmit the bond taken to the court having jurisdiction of the offense; or
(2) in the case of a person arrested under warrant for an offense punishable by ____ only, accept a written plea of guilty or nolo contendere, set a fine, determine costs, accept payment of the fine and costs, give credit for time served, determine indigency, or, on satisfaction of the judgment, discharge the defendant, as the case may indicate.
Art. 15.19. NOTICE OF ARREST.
(a) If the arrested person fails or refuses to give bail, the AP shall be committed to the jail of the county where the person was arrested.
The magistrate… shall _____ provide notice to the _____ of the county in which the offense is alleged to have been committed regarding:
(1) the arrest and commitment (by mail, fax, e-means)
(2) whether the person was also arrested under a warrant issued under GC Sec 508.251
(b) If a person is arrested and taken before a magistrate in a county other than the county in which the arrest is made and if the person is remanded to custody, the person may be confined in a jail in the county in which the magistrate serves for a period of not more than 72 hours after the arrest before being transferred to the county jail of the county in which the arrest occurred.
immediately
sheriff
Art. 15.20. DUTY OF SHERIFF RECEIVING NOTICE.
(b) A sheriff who receives notice of arrest… shall have the arrested person brought before the ____ magistrate or court before the ____ day ___the date the person is committed to the jail of the county in which the person was arrested.
proper
11th
after
Art. 15.22. WHEN A PERSON IS ARRESTED.
A person is arrested when he has been actually placed under ____ or taken into cus____ ____ ____ by an officer or person _____ a warrant of arrest, or by an officer or person arresting without a warrant.
restraint
taken into custody
executing
Art. 15.23. TIME OF ARREST.
An arrest may be made on ____ day or at ___ time of the ___ or ____.
any
day or night
Art. 15.24. WHAT FORCE MAY BE USED.
In making an arrest, all _____ means are permitted to be used to effect it. No ____ force, however, shall be resorted to than is _____ to secure the arrest and detention of the accused.
reasonable
greater
necessary
Art. 15.25. MAY BREAK DOOR.
In case of ____, the officer may break down the door of any ____ for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose.
felony
house
Art. 15.26. AUTHORITY TO ARREST MUST BE MADE KNOWN.
In executing a warrant of arrest, it shall ____ be made known to the accused under what authority the arrest is made.
The warrant shall be executed by the arrest of the defendant.
The officer need not have the warrant in his _____ at the time of the arrest… but upon request he shall show the warrant to the defendant as soon as possible.
always
possession
