The Texas Code of Criminal Procedure (Paraphrased Study Points) Flashcards
Special Agents of the Federal Bureau of Investigation, Secret Service, United States Customs Service, Alcohol Tobacco and Firearms, Federal Drug Enforcement Agency,
Inspectors of the United States Postal Service
Special Agents of the Criminal Investigation Division and Inspectors of the Internal Security Division of the Internal Revenue Service
Civilian Special Agents of the United States Naval Investigative Service
The Texas CCP Section 2.122 recognizes named criminal investigators of the United States as having authority to enforce selected state laws by virtue of their authority. The individuals listed are deemed to have the equivalent training for licensure consideration.
What is Art 1.01?
Art. 1.01. SHORT TITLE. This Act shall be known, and may be cited, as the “Code of Criminal Procedure”.
Art 1.02 When did the CCP originally take effect?
January 1, 1966.
Art 1.03 Objectives of the CCP?
(1) To adopt measures for preventing the commission of crime;
(2) To exclude the offender from all hope of escape;
(3) To insure a trial with as little delay as is consistent with the ends of justice;
(4) To bring the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal;
(5) To ensure a fair and impartial trial; and
(6) The Certain execution of the sentence of the law when declared.
Art 1.04 Due Course of Law
No citizen shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.
Art 1.05 Rights of Accused
Speedy public trial by an impartial jury, The right to demand the cause and nature of the accusation and a copy thereof. Not be compelled to give evidence against himself, the right to be heard by himself, counsel or both, confronting witnesses, process for obtaining favorable witnesses. Shall not be held responsible for a felony without a grand jury indictment.
Art 1.051 Right to Representation by Counsel
Right to consult in private & adequate prep in advance.
Indigent can be requested but appointed no later than the 3rd working day’s end after the request is made if in a -250k county, or end of the first working day if over 250k. See full statute.
Art 1.06 Searches and Seizures
The people shall be secure in their persons, houses, papers and possessions from all unreasonable siezures or searches. No warrant without described detail as near as it may be, or without PC supported by oath or affirmation.
Art 1.07 Right to Bail
bailable unless cap offense with evident proof.
Art 1.08 Habeas Corpus
Writ is a right, never shall be suspended.
Art 1.09 Cruelty Forbidden
Excess bail not required nor excess fines nor cruel or unusual punishment inflected.
Art 1.10 Jeopardy
No person shall be twice put in jeopardy of life or liberty, nor put again upon trial for same offense after a verdict of not guilty in a court of competent jurisdiction.
Art 1.11 Acquittal a Bar
Acquittal exempts from a second or third trial, but if the court had no jurisdiction he may be prosecuted again in one that does.
Art 1.12 Right to Jury
The right of trial by jury shall remain inviolate.
Art 1.13 Waiver of Trial by Jury
Any offense other than Cap Fel w/ Death penalty shall have the right to waive trial by jury except as art 27.19, court and state attorney must approve.
Art 1.14 Waiver of Rights
The Defend. in crim prosec. may waive any rights to a jury (except cap fel) and may not raise objection on appeal or postconviction. An indictment or information can be made earlier.
Art 1.141 Waiver of Indictment for noncapital Felony
Open court or writing, accused shall be charged by information.
Art 1.15 Jury in Felony
No conviction unless jury verdict or plea. It shall be necessary for the state to introduce evidence as a basis by the court for judgement. No conviction without this.
Art 1.17 Religious Belief
No person shall be disqualified to give evidence due to religious opinions or beliefs
Art 1.18 Outlawry and Transportation
No citizen outlawed nor transported out of state for any offense committed in the same.
Art 1.21 Privilege of Legislator
Except for treason, felony or breach of the peace, are privileged from arrest during the Legislature’s session, + one day for every 20 miles they may reside from the legilsature’s convened location.
Art 1.23 Dignity of State
**All Justices of the Supreme Court, Judges of CCA, Justices of the Court of Appeals, and District courts shall be conservators of the peace. All writs shall be “The state of Texas” All Prosecutions Shall be “In the name and by authority of the state of Texas” and conclude “against the peace and dignity of the State”
Art 1.24 Public Trial
Th eproceedings and trials in all courts **shall **be public.
Art 1.25 Confronted by Witnesses
Defend. Shall be confronted except in certain cases provided in this code where depositions have been taken.
Art 1.27 Common Law Governs
If this code fails to provide a rule of procedure, rule of common law shall be applied and govern.
Art 2.09 Who are Magistrates
Supreme court, Criminal Appeals, Courts of Appeals, district, bunch of counties…. + muni judges of incorporated cities of towns
2.10 Duty of Magistrates
Preserve peace by use of all lawful means, issue process to prevent/supress crime, lawful means to arrest offenders to be brought to punishment.
Art 2.11 Examining Court
When a magistrate sits for inquiring into a crim accusation, it is called an examining court.
CCP 2.12 Who are Peace Officers?
Sheriffs, Deputies, Reserves, Constables, Marshals, Police Officers w/ Perm Peace Offcr License, Rangers by DPS, DA Investigators, crim district attornies, county attornies. TABC LE,
Parks and Wildlife, Airport sec commissioned by a political subdivision w/ over 1.8m pop, Muni Park patrol/security, Listed hospital security, TX Racing Commision, AG officers, fire marshal, Juvi Apprehension specialists and inspectors, TCOLE, TX Priv Sec Board investigators, Dental Examiners, Juvi Justice Dept. Investigators
Art 2.121 Railroad POs
DPS Director may appoint 250 employees of rail companies, Can make arrests involving passengers/employees/dmg to railroad property or to protect it. Can’t run traffic, no state benifits, must meet min standards
Art 2.122 Special Investigators
Agents of FBI, USSS, ICE, BATF, DEA, USPS, IRS, USMS, Dip Security, Treasury, OIG of SS, Vet Affairs, OIG of Agriculture, Police Officer at VA,
Civillian Naval Crim Intel Service, Homeland Security is not a po but can arrest/search/sieze according to state laws.
Border Patrol not POs
Art 2.123 Adunct POPOs
Sheriff can hire up to 50 POs to aid from offline positions such as campus police.
Art 2.124 POs from adjoining States
Pursuit, Transport, maintaining pysical custody or regaining it after escape.
Art 2.13 Duties and Powers
Duty of every Peace Officer to preserve peace within juristiction.
Interfere w/o warrant to prevent/suppress crime
Give notice to a magistrate of offenses committed where a violation is believed to have occured
Arrest offenders without warrant in every case authorized by law
Take possession of a child
Inquire as to nationality/immigrant status
Execute emergency Detention
Art 2.14 May Summon Aid
Peace Officer met with resistnace shall summon citizens to overcome resistence and they are bound to obey.
Art 2.15 Person Refusing Aid
Peace Officer who has summoned any person… if htey refuse, DA or court may prosecute.