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CCP STUDY GUIDE
Study questions from quizzes
| Question | Answer |
|---|---|
| The Code of Criminal procedure shall take effect and be in force on and after... | January 1, 1966 |
| The Texas Code of Criminal Procedure seeks to do what? | adopt measures for preventing crime, insure a trial with as little delay and bring to trial all the evidence tending to produce conviction or acquittal |
| No citizen of this State shall be deprived of __except by the due course of the law of the land. | life, liberty, property, privileges or immunities, or in any manner disenfranchised |
| According to the Texas Code of Criminal Procedure, what is a right of the accused? | shall not be compelled to give evidence against himself, amendments |
| The right to be represented by counsel includes ... sufficiently in advance of a proceeding to allow adequate preparation for the proceeding. | the right to consult in private with counsel |
| According to the Texas Code of Criminal Procedure, people shall be secure in their persons, houses, papers and possessions from all _____________ seizures or searches. | unreasonable |
| No warrant to search any place or to seize any person or thing shall issue without describing them as near as may be, nor without ... supported by oath or affirmation. | Probable Cause |
| All Prisoners shall be bailable unless what circumstances exist? | When charged with a capital offense |
| No person shall be tried for the same thing twice after a verdict of not guilty has been rendered unless which of the following circumstances exist | the verdict was rendered by a court not having competent jurisdiction |
| a defendant can waive the right to a jury trial except when... | charged with a capital offense |
| According to the Texas Code of Criminal Procedure, the style of all writs and process shall be... | The State of Texas |
| All prosecutions in Texas are carried on “in the name and by the authority of the State of Texas” and conclude with “__________” | against the peace and dignity of the State |
| If the Code of Criminal Procedure fails to provide a rule of procedure in any particular case, what rules may be applied and govern the disposition of the case? | common law |
| Which of the following is not a magistrate in Texas? | Texas Attorney General |
| A magistrate in Texas does not have the duty to... | Conduct criminal trials to determine guilt or innocence (2.10) |
| When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called a/an _______________________. | examining court. |
| According to the Texas Code of Criminal Procedure, Article 2.12, who is not considered a Peace Officer? | Railroad Police Officer |
| According to Article 2.12, Texas Code of Criminal Procedure, who is a Texas Peace Officer? | City Marshall Texas DPS Ranger Investigator, District Attorney’s Office |
| True or False: A railroad peace officer may issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code. | False (2.121) |
| True or False: A railroad police officer can arrest a person for a felony crime only when on railroad property. | False (2.121) |
| According to the Texas Code of Criminal Procedure, a Special Agent of the Federal Bureau of Investigation (FBI) or the Postal Inspection Service shall be deemed peace officers in Texas when... | performing law enforcement duties |
| A Special Ranger of the Texas and Southwestern Cattle Raisers Association may make arrests and exercise all authority given peace officers under this code when necessary to prevent or abate the commission of an offense involving _______________________. | livestock or related property |
| Peace Officers commissioned by the Alabama-Coushatta Indian Tribe can enforce the laws of the State of Texas on the reservation and in which circumstances? | when summoned by another law enforcement agency to provide assistance or when assisting another law enforcement agency |
| According to the Texas Code of Criminal Procedure, it is the duty of every peace officer to preserve the peace within the officer's jurisdiction using all _______________ means. | lawful |
| The duties and powers of a peace officer in Texas do not include... | arrest offenders only when possessing a warrant of arrest (2.13) |
| Who is a conservator of the peace within a county according to the Texas Code of Criminal Procedure? | Sheriff |
| When a citizen reports to a peace officer they are the victim of a violation of Section 32.51, Penal Code, the peace officer shall make a written report that includes what information? | the name of the victim the name of the suspect, if known the type of identifying information obtained, possessed, transferred, or used in violation of (Section 32.51, Penal Code) |
| What is the term used to describe a law enforcement initiated action based on an individual’s race, ethnicity, or national origin rather than on information identifying the individual as having engaged in criminal activity? | Racial profiling |
| When a law enforcement agency adopts a detailed written policy on racial profiling, the policy must not do what? | initiate civil proceedings against a citizen who files a complaint of racial profiling and the investigation determines the complaint was inaccurate. (2.132) |
| When a law enforcement agency commences an investigation against a police officer alleging racial profiling, which statement concerning this process is true? | If a video or audio recording of the occurrence was made, a copy will be provided to the peace officer who is the subject of the complaint upon written request by the officer. |
| A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency he/she is employed by, what information | the person’s gender whether the officer conducted a search as a result of the stop the initial reason for the stop |
| When property of any nature, including real, personal, tangible or intangible is used in the commission of any first or second degree felony under the Texas Penal Code, this property can be termed... | contraband |
| When a peace officer seizes property under Chapter 59, Texas CCP, he/she must notify the attorney representing the state not later than ___ hours after the seizure | 72 |
| What Texas court does not have jurisdiction in criminal matters? | Texas Supreme Court |
| True or False: The Texas Court of Appeals has appellate jurisdiction in all criminal cases? | False |
| The Texas District Court has original jurisdiction in criminal cases of the grade of felony and all misdemeanors involving ____________ | official misconduct |
| The county courts shall have original jurisdiction of all misdemeanors when the fine to be imposed shall exceed _______ dollars. | 500 |
| The appeal of all cases in which the death penalty has been assessed shall be to the __________________. | Court of Criminal Appeals |
| The appellate jurisdiction of a criminal case from the Justice courts or Municipal courts is heard by the ____ | County Courts |
| A Justice court has concurrent jurisdiction in criminal cases with the _______________ in cases that arise in the extraterritorial jurisdiction | Municipal Court |
| True or False: Justices of the peace shall have original jurisdiction in criminal cases | True |
| The fine that can be imposed by a Municipal Court for all cases arising under municipal ordinances that govern fire, safety, zoning or public health and sanitation is _________ dollars. | 2000 |
| The Municipal Court shall have concurrent jurisdiction with the ___________ in which the municipality is located in all criminal cases arising under state law | Justice court |
| Who is a magistrate in Texas? | Dallas County Probate Judge |
| True or False: A railroad police officer is a peace officer under CCP | False |
| Contraband" means property of any nature, including real, personal, tangible, or intangible, that is used in the commission of any ... | first or second degree felony under the Penal Code any felony under Chapter 481, Health and Safety Code (Texas Controlled Substances Act);any offense under Chapter 71, Penal Code |
| A peace officer who has custody of property shall provide the attorney representing the state with a sworn statement that contains a schedule of the property seized under CCP 59.03 not later than _______ after the seizure. | 72 hours |
| A peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a written report that includes what information | names of suspects and complaint the date, time and location of any visible or reported injuries a description of the incident and a statement of its disposition |
| T/F: A PO who provides standby assistance under CCP 5.045 is civilly liable for an act or omission of the officer that arises in connection with providing the assistance or determining whether to provide the assistance during a family violence incident | false |
| Which of the following statement(s) is true as to the duty of every peace officer | prevent harm to another person or their property when a threat has been made to harm property of spouse when a threat has been made to harm themselves or property of another |
| The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence are all the following | enforce the law of this state enforce a protective order from another jurisdiction arrest violators when demanded by the victim 5.04 |
| A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim of all reasonable means to prevent further family violence | giving written notice of a victims legal rights and amenities the availability of shelter or other community serves for family violence |
| Under CCP 2.12, which of the following is not classified as a peace officer in Texas | Any Justice, Texas Court of Criminal Appeals or Court of Appeals only |
| . It is the duty of every peace officer to preserve the peace within the officer's jurisdiction. To effect this purpose, the officer shall use all lawful means to do all the following | arrest offenders without warrant in every case where the officer is authorized by law, exevute all lawful process issued to the officer by magistrate or court, give notice to some magistrates of all offenses committed within officers jurisdiction |
| The peace officer must use the amount of force necessary to prevent the commission of the offense, and no greater. | True |
| When any officer authorized to execute process is resisted, or when he has sufficient reason to believe that he will meet with resistance in executing the process, what action can the officer take to execute the process? | He may command as many of the citizens of his county to aid him in executing the process |
| in addition to the powers of arrest search and seizure a special agent of the secret service investigating a threat against a person described by 18 U.S.C has the powers of arrest seach and seizure as to any criminal offense under federal law and | misdemeanor offenses under the laws of texas |
| who appoints adjunct police officers within counties under 2000,000 population for a private institution of higher education | the chief of police of a municipality and the sheriff of the county |
| What is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law. | arrest warrant |
| . Which of the following is not a requisite for an arrest warrant | It must be drafted and completed on the proper legal document as outlined in the CCP |
| A summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant. All the following statements concerning a summons are correct | it shall summon the defendant to appear before a magistrate at a stated place, shall be served upon a defendant by delivering a copy to them personally or leaving it at their dwelling, failure to appears results in a warrant |
| A warrant of arrest shall extend to any part of TX & any PO to whom said warrant is directed, or into whose hands the same has been transferred, shall be authorized to execute the same in any county in TX; is void in these circumstances if signed by... | mayors of an incorporated city or town |
| When a warrant of arrest is issued by any mayor of an incorporated city or town, it can only be executed in the county where it was issued unless what action occurs | It be endorsed by a judge of a court of record, in which case it may be executed anywhere in the State. b. It be endorsed by any magistrate in the county in which the accused is found, it may be executed in such county |
| When a warrant of arrest is issued by any mayor of an incorporated city or town, it can only be executed in the county where it was issued unless what action occurs | It be endorsed by a judge of a court of record, in which case it may be executed anywhere in the State. b. It be endorsed by any magistrate in the county in which the accused is found, it may be executed in such county |
| When an officer executes a warrant of arrest, & the issuing or named magistrate is in another county, what action should the peace officer take in this situation? | Take the person arrested without unnecessary delay before some magistrate in the county where the arrest took place |
| arrested person fails or refuses to give bail,the arrested person shall be committed to the jail of the county where the person was arrested. The magistrate committing the arrested person shall immediately provide notice to the...in which the offense is a | Sheriff of the county |
| When is a person arrested according to the Texas Code of Criminal Procedure | . When he has been actually placed under restraint or taken into custody by an officer or person with or without a warrant of arrest |
| When can an arrest be made in Texas | Any day or at any time of the day or night |
| When may an officer break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose | when executing a felony warrant of arrest |
| What statement is correct when executing a warrant of arrest | The warrant shall be executed by the arrest of the defendant.The officer need not have the warrant in his possession at the time of the arrest.If the officer does not have the arrest warrant in his possession at the time of arrest he shall then inform the |
| when someone is arrested at school how long do they have to notify the district | 24 hours |
| a.. is awritten order issued by a magistate and directed to a peace officer commanding them to search for any property | Search warrant |
| no search warrant will be issued unless magistrate believes probable cause and establishing probable cause are contained in... | sworn affidavit |
| Which of the following is not requisite of a search warrant | That it end with the statement “against the peace and dignity of the State of Texas |
| Which of the following persons may not file an application for a protective order under CCP 7A.01? | a police officer acting on behalf of a person who is the victim of indecency with a child or harassment |
| What is the venue for an application for a protective order under CCP 7A.01 | the county in which the applicant resides; the county in which the alleged offender resides; or any county in which an element of the alleged offense occurred; or any court with jurisdiction over a protective order |
| If the court finds from the information contained in an application for a protective order that there is a clear and present danger of sexual assault or abuse, stalking, trafficking, or other harm to the applicant, the court, without further notice to the | temporary ex parte order for the protection of the applicant |
| A protective order issued under CCP Article 7A.03 may be effective for the duration of the lives of the offender and victim or for any shorter period stated in the order. If a period is not stated in the order, the order is effective until the __________ | second anniversary |
| If a person who is the subject of a protective order issued under CCP Article 7A.03 is confined or imprisoned on the date the protective order is due to expire , the period for which the order is effective is extended, and the order expires on the ______ | first anniversary |
| Which felony offense has no time limits for prosecution of the offender | Homicide |
| What is the time limit for the prosecution of the offenses of burglary, robbery, and theft | 5 years |
| What is the time limit for prosecuting the offenses of arson or theft by a public servant | 10 years |
| An indictment or information for any Class A or Class B misdemeanor may be presented within ______________ from the date of the commission of the offense, and not afterward. | 2 years |
| What is the time limitation for criminal attempt? | the same as that of the offense attempted |
| When can a peace officer arrest an offender without a warrant? | for any offense committed in his presence or within his view |
| A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate ____________ the arrest of the offender. | verbally orders |
| Any peace officer may arrest, without warrant for any of the following circumstances except: | persons who the peace officer has probable cause to believe have prevented or interfered with an individual's ability to place a telephone call in an emergency, as defined by Section 42.062(d), Penal Code, only if the offense is committed in the presence |
| A peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the officer's presence or view, if the offense is a felony, a violation of Chapter 42 or 49, Penal Code, or a breach of the peace. | As soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made |
| Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, what actions may the peace | such peace officer may, without warrant, pursue and arrest the accused. |
| An officer making an arrest without a warrant may not enter a residence to make the arrest unless what circumstances exist? | . a person who resides in the residence consents to the entry. exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant. |
| A person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than ________ hours after the person is arrested, before the magistrate who may have o | 48 |
| What action can be taken when a peace officer believes detention in a penal facility is unnecessary for the protection of the individual or others when contacting a person suspected of violating PC 49.02, Public Intoxication | The individual can be released to the care of an adult who agrees to assume responsibility for the individual |
| A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the purpose of arresting that person for a felony may do which of the following upon entering Texas from another state? | Continue the pursuit into this state and arrest the person |
Created by:
dillon614