Code Of Criminal Procedures

Question 1

What is a magistrate?

Answer 1

Court judges appointed by specific district, county and commissioner courts. Mayors, masters, recorders

Question 2

What is a peace officer/examples?

Answer 2

Civil servant appointed by magistrate. Sheriff, constable, marshal

Question 3

Duties and powers of a peace officer?

Answer 3

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

Question 4

What is true if an allegation is made threatening imminent death of or serious harm to a juvenile

Answer 4

Peace officer from appropriate local law enforcement agency shall investigate the report jointly w/ the department of Protective&Regulatory Services w/in 24 hrs.

Question 5

Dealing w/ Court of Criminal Appeals

Answer 5

Shall have final appellate and review jurisdiction in criminal cases coextensive w/the limits of the state and its determinations shall be final

Question 6

Seizure of property subject to forfeiture may be made without a warrant under what circumstances

Answer 6

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

Question 7

What does County court gave jurisdiction over?

Answer 7

All Class A&B misdemeanors and fine exceeds $500, has appellate of Class C misdemeanors

Question 8

What does municipal court have jurisdiction over?

Answer 8

Misdemeanors

Question 9

Dispersing a riot

Answer 9

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

Question 10

Standby assistance, what are the liabilities

Answer 10

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

Question 11

When may a peace officer arrest a person w/out a warrant for an offense committed in his view

Answer 11

Felony or breach of peace

Question 12

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

Answer 12

Felony or any offense

Question 13

A peace officer who investigates a family violence incident is required to do what

Answer 13

Make a written report

Question 14

How many citizens can be summoned for a peace officers aid

Answer 14

Any number/amount

Question 15

Complaint definition

Answer 15

Affidavit made before the magistrate or district of county attorney, that charges the commission of an offense

Question 16

What crimes can an officer arrest for w/out a warrant

Answer 16

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

Question 17

May an officer from another State pursue and arrest a person in this state

Answer 17

Yes

Question 18

What can an officer arrest without a warrant for

Answer 18

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

Question 19

May a municipal peace officer accept bail in misdemeanor case

Answer 19

Yes

Question 20

Is the officer immediately required to show a copy of an arrest warrant to the suspect

Answer 20

No, can be verbalized

Question 21

What is the life of a search warrant

Answer 21

5 days

Question 22

Shall a search warrant be issued on probable cause, what can a search warrant be issued for?

Answer 22

Yes

Question 23

Can a search warrant and an arrest warrant e in the same order

Answer 23

Yes

Question 24

Who has the right to prevent consequences of theft

Answer 24

Peace officers, magistrates, all persons

Question 25

Indictment definition

Answer 25

Written statement by a grand jury charging someone with a crime

Question 26

Affidavit definition according to Black’s law

Answer 26

A written or printed declaration or statement of facts, made voluntarily and confirmed by the oath or a affirmation of the party making, taken before an officer having such authority to administer such oath

Question 27

Capias definition

Answer 27

A writ issued by the court or clerk and directed to any peace officer of the state of Texas commanding him to arrest a person accused of an offense and bring him before that court immediately or on a day or at a term stated on the writ

Question 28

Who is responsible for investigation into the death of a person who dies while in officer’s custody, prisoner who dies in county jail

Answer 28

Director

Question 29

Bail definition

Answer 29

The security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes bail bond or a personal bond

Question 30

Racial profiling definition

Answer 30

Law enforcement-initiated action based on the individual’s race, ethnicity, or national origin rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity