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Code of Criminal Procedure > Test Review > Flashcards

Test Review Flashcards

1
Q

Peace officers in Texas does not include what law enforcement agents?

A

Federal Officers

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2
Q

Who appoints Rail Road and Special Rangers of Texas and Southwestern Cattle Raisers Association (SRTSWCRA) peace officers?

A

Director of the Department of Public Safety

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3
Q

How many RR peace officers can be appointed:?

A

250

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4
Q
  1. How many SRTSWCRA may be appointed?
A

50

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5
Q

The duties of RR peace officers are?

A
  • Protect passengers and employees;
  • Prevent the damage to RR property; and
  • Protect RR property or property in their custody.
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6
Q

What are the duties of the SRTSWCRA?

A

Make arrests and exercise all powers of peace officers when necessary to prevent or abate the commission of an offense involving livestock or related property.

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7
Q

RR and SRTSWCRA peace officers may not ________________ as part of their duties.

A

Issue traffic citations.

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8
Q

Are U.S. Forest Service officers peace officers in Texas?

A

NO

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9
Q

What powers of arrest, search, and seizure do U.S. Forest Service officers have?

A

Any offense under the laws of Texas; and

committed within the National Forest Service system.

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10
Q

Are security officers at Nuclear Power plants peace officers in Texas?

A

NO

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11
Q

What is the jurisdiction of Nuclear Power Plant peace officers?

A

The premises of the nuclear plant; and

Surrounding area of the plant agreed upon with local law enforcement.

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12
Q

Adjunct peace officers are those who are appointed by the authority of the __________________:

A

Education Code

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13
Q

Adjunct peace officers can only be appointed in counties with a population under:

A

200,000

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14
Q

Who appoints adjunct peace officers?

A

The Sheriff: if the school lies within the county;

The Chief of police: if the school lies within the city limits.

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15
Q

How many adjunct peace officers can be appointed?

A

50

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16
Q

What are the duties of Adjunct peace officers?

A

Assist local police within their jurisdiction.

17
Q

What is the geographical jurisdiction of adjunct peace officers?

A

Area adjacent to the campus;
does not extend more that 1 mile from the perimeter; and
is inhabited primarily by student or faculty of the institution.

18
Q

To accomplish the objectives of The Code of Criminal Procedures under 1.03 it seeks to:

A
  • adopt measures for preventing the commission of crime;
  • exclude the offender from all hope escape;
  • ensure trial with as little delay consistent with the ends of justice;
  • to bring to the trial all evidence that tends to produce conviction or acquittal;
  • to ensure a fair and impartial trial and the certain execution of the sentence of the law when declared.
19
Q

In partial, Article 1.04 states that the state can take life, liberty and property from a person but only with:

A

Due Course of the Law of the Land (Due Process)

20
Q

Article 1.06 States that a person should be secure in the houses from _________________ searches and seizures.

A

Unreasonable

21
Q

Article 1.06 also states that no warrant issues to search or seize without;

A

Particular description

Probable Cause

22
Q

CCP 1.09 Cruelty forbidden includes: NO

A

Excessive Bail
Excessive Fines
Cruel or unusual punishment.

23
Q

. What are the six duties of peace officers as stated in 2.13 CCP?

A
  • preserve the peace within his jurisdiction;
    interfere without warrant to prevent or suppress crime;
    execute all lawful process;
    notify some magistrate of all offense committed within his jurisdiction;
    arrest all offenders without warrant in every case authorized by law to do; and
    take possession of a child under CCP 63.009(g) (found child who has been reported missing.)
24
Q

Who is the conservator of the peace in the county?

A

Sheriff

25
Q

Whenever a duty is imposed on the sheriff it is also imposed on a __________________

A

Deputy

26
Q

Any peace officer who neglects to execute process shall be fined for contempt of court, what is the fine?;

A

not less than 10;

nor more that 200 dollars.

27
Q

How long does a local law enforcement agency have, after notification by TDFPS, to accompany an investigator responding to a report alleging an immediate risk of physical or sexual abuse of a child?

A

24 hours

28
Q

What are the duties of the agency responsible for collecting identifying information in the county upon receiving information that a person’s identity was falsely given by a person arrested?

A

Notify the person that his identity was falsely used; and

Notify DPS of the misuse of information.

29
Q

To be “Family Violence” the act has to be to a member of a person’s family or household.

A

False

30
Q

An act of unwanted sex against a person’s spouse is not family violence.

A

False

31
Q

Family violence does not include an act of self defense.

A

True

32
Q

A former spouse is protected from acts of family violence.

A

True

33
Q

Two people who have a child together are included for family violence purposes – only if they live together.

A

False

34
Q

A unit composed of persons living together in the same dwelling, whether they are related to each other or not, defines a household.

A

True

35
Q

To be a member of the person’s household you must live in the house at the time of the act of violence.

A

False

36
Q

The primary duty of a peace officer in family violence is to:

A
  • Protect any potential victim;
  • Enforce the law; and
  • Make lawful arrests of violators.
37
Q

A peace officer who responds to a family violence situation shall
advise the victim of all ________________ to prevent
___________________ and give ________________ of victim’s legal
rights.

A
  • reasonable means
  • prevent further family violence and
  • written notice
38
Q

A peace officer who investigates a report involving family violence SHALL make a report, that report must contain:

A
  • Date, time, and location of the incident;
  • Any visible or reported injuries; and
  • A description of the incident and a statement of its disposition.
39
Q

Where can the trial for a violation of a protective order be held?

A

County in which the order was issued; or

County in which the offense was committed.

Code of Criminal Procedure (1 decks)

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