Code Of Criminal Procedures Flashcards
What is a magistrate?
Court judges appointed by specific district, county and commissioner courts. Mayors, masters, recorders
What is a peace officer/examples?
Civil servant appointed by magistrate. Sheriff, constable, marshal
Duties and powers of a peace officer?
Preserve the peace w/in his jurisdiction by all lawful means, interfere w/out warrant to prevent or suppress crime, execute all lawful process issues to officer by magistrate, give notice to magistrate of all offenses, arrest offenders w/out warrant in every case authorized by law, take possession of every missing child
What is true if an allegation is made threatening imminent death of or serious harm to a juvenile
Peace officer from appropriate local law enforcement agency shall investigate the report jointly w/ the department of Protective&Regulatory Services w/in 24 hrs.
Dealing w/ Court of Criminal Appeals
Shall have final appellate and review jurisdiction in criminal cases coextensive w/the limits of the state and its determinations shall be final
Seizure of property subject to forfeiture may be made without a warrant under what circumstances
The owner of operator, agent in charge of property knowingly, incident to a consent search, property is the subject of a prior judgement or subject to a lawful arrest or search incident to an arrest
What does County court gave jurisdiction over?
All Class A&B misdemeanors and fine exceeds $500, has appellate of Class C misdemeanors
What does municipal court have jurisdiction over?
Misdemeanors
Dispersing a riot
Peace officers may call to his aid as many citizens of his county as necessary. Duty of magistrate or peace officer to cause persons to disperse. Arresting w/or w/out warrant
Standby assistance, what are the liabilities
He/she may stay w/a victim of a family violence to protect the victim and allow the victim to take their property or a child in the care of the victim to a place of safety
When may a peace officer arrest a person w/out a warrant for an offense committed in his view
Felony or breach of peace
What can a magistrate verbally order a peace officer to make an arrest for committed a felony or breach of peace in the magistrates presence or view
Felony or any offense
A peace officer who investigates a family violence incident is required to do what
Make a written report
How many citizens can be summoned for a peace officers aid
Any number/amount
Complaint definition
Affidavit made before the magistrate or district of county attorney, that charges the commission of an offense
What crimes can an officer arrest for w/out a warrant
Person found in suspicious place&under circumstances that reasonably show they are guilty of some felony, breach of peace, public intoxication, threaten or about to commit crime, probable cause to believe have committed assault w/bodily injury, violated protective order but not committed in his presence, probable cause to have prevented/interfered w/individuals ability to place phone call in emergency
May an officer from another State pursue and arrest a person in this state
Yes
What can an officer arrest without a warrant for
Person found in suspicious places under circumstances which reasonably show that the person if guilty of felony offense, public intoxication, disorderly conduct or breach of the peace
May a municipal peace officer accept bail in misdemeanor case
Yes
Is the officer immediately required to show a copy of an arrest warrant to the suspect
No, can be verbalized
What is the life of a search warrant
5 days
Shall a search warrant be issued on probable cause, what can a search warrant be issued for?
Yes
Can a search warrant and an arrest warrant e in the same order
Yes
Who has the right to prevent consequences of theft
Peace officers, magistrates, all persons
