Exam 9 Flashcards
CCP Art 2.09- who are magistrates
All judges or magistrate, but not all magistrate our judges. Mayors and recorders are magistrate, but not judges
CCP 2.12- who is/are not peace officers in Texas
NOT Private security officers commissioned by the Texas Board of Private Investigators and Private Security Agency , federal agents traffic ARE sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(2) constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(3) marshals 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
CCP 2.13- what are your duties as a peace officer
Preserve peace within jurisdictions. Give notice to the magistrate of offense
Interfere without a warrant to prevent or suppress crime. Arrest offenders w/out warrant
Execute all lawful process by a magistrate or court. Take possession of child
CCP 2.27- what are peace officers required to do if they receive a threat with the imminent death or serious harm to a juvenile
Investigate jointly with the agency responsible for the investigation, no later than 24 hrs of report
CCP 4.01- Which courts in Texas have criminal jurisdiction
Court of criminal Appeals. County court Court of Appeals. Justice coourt District court. Municipal court Criminal District court All county courts at law w/criminal jurisdiction
CCP 3.04- definition of official misconduct
An offense that is intentional or knowing violation of the law committed by a public servant while acting in an official capacity as a public servant
CCP 2.29- are peace officers required to make a written report for Fraudulent Use or Possession of Identifying Information
Yes must include name of victim, name of suspect (if known), type of identifying info. Obtained, possessed, transferred or used in violation, and results of investigation
CCP 2.28- is a peace officer required to contact the victim if someone else uses their identifying information while being arrested
yes
CCP 4.14- What does municipal court have jurisdiction over and the punishment amounts
Within territorial limits of the municipality. A fine not exceed $2,000 in cases that govern fire safety, zoning or public health and sanitation, $4,000 dumping of refuse and $500 in all other arising under ordinance
CCP 2.1305- can an establishment in Texas prevent a peace officer or special investigator from carrying their weapons in the establishments
No regardless if they are engaged in the actual discharge of duties while carrying the weapon
CCP 5.045- can an officer be held liable for someone stealing property during a stand-by
No they are not civilly or criminally liable
CCP 62.051 (a)(1)- is a sex offender required to register within 7 days of moving into a municipality
Yes, or the 1st date authorities allow the person to register
CCP- 18.24- is a peace officer authorized to conduct a body cavity search during a traffic stop without a search warrant
no
CCP 12.02- How many years does the state have to file a class A or B misdemeanor
2 years from the date of commission of the offense and not afterward
CCP 8.04- does a peace officer or magistrate have a duty to disperse a riot
Yes this may either be done by commanding or arresting either with or without a warrant
CCP 7A.07- how long is the duration of a protective order
Duration of the lives of the offender and victim or for any shorter period stated in the order. If period is not stated it is effective until the 2nd anniversary of date issued
CCP 2.13- listed duties of peace officers in Texas
The officer shall:
(1) in every case authorized by the provisions of this Code, 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.
CCP 5.04- Is a peace officer required to give a written notice of victim’s legal rights in a family violence
Yes also remedies and availability of shelter or other community services
CCP 14.03 What grade offense does a person have to commit for an officer from another state enter into Texas to apprehend the suspect
A felony in presence of officer
CCP 18.07-how many days is allowed for a search warrant minus the day of issuance and execution
3 days excluding 1 day for warrants issuance and 1 day for its execution
CCP 21.20- information definition
Written statement filed and presented in behalf of the State by the district or county attorney, charging the defendant with a offense which may by law be so prosecuted
CCP 21.01- indictment definition
Written statement filed by a grand jury accusing a person of some act or omission
Which US Supreme Court case established the “exclusionary rule”
Mapp vs Ohio
Which US Supreme Court case established search incident to arrest
Chimal vs California
