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CCP Study Guide

Ch. 3&4

QuestionAnswer
___________ is taking law enforcement action against a person because of their race, ethnicity or national origin, not on their behavior or info received identifying them as having done something criminal Racial Profiling
A peace officer may not engage in profiling. False
An agency must have a written policy that defines racial profiling, prohibits it, and has a complaint system. True
A report for motor vehicle stops DOES NOT include: Condition of vehicle.
Property used in the commission of specific offences is known as? Contraband
Contraband is subject to _______________ seizure and forfeiture
Once contraband is seized, the owner cannot get it back under any circumstances. False
The peace officer may seize property subject to forfeiture by a__________ search warrant.
________ for owners where property is used in the commission of a crime with out knowledge by a 3rd person. Loop hole
If the owner is not party to the offense .... and the property was stolen from the owner before used in the commission of a crime....then...... No forfeiture
The peace officer may seize property subject to ______by a ______. forfeiture;search warrant
IF the owner consents, seizure incident to owners can consent search. True
A Peace officers duties with reguards to seizure of contraband include: Notify the state’s attorney and provide a sworn statement Seizure in within 72 hours Officer may not require/induce waiver.
The state attorney has 25 days to get the ball rolling. False
Your _______ is attached to a notice of seizure and intended forfeiture. your sworn statement
A___________is like a civil lawsuit. seizure of contraband
Concerning seizure of contraband, its______vs_______. State v The Property
Officers are required to induce waiver with reguards to the seizure of contraband. False
All of these Courts can handle criminal cases in TX. True
Jurisdiction means? The authority of a court to try a particular type of case
Exclusive Jurisdiction The only court that can hear a particular case
Concurrent Jurisdiction 2 courts can hear the case
The courts of criminal appeals is the final appellate and review jurisdiction. True
Which court appeals in death penalty cases? District Court
The Court of appeals is considered........ intermediate courts
The Court of Appeals reviews death penalty cases False
The Court of Appeals will only hear appeals on cases where the fine exceeds 50 dollars, unless there is a question concerning the constitutionality of a statue. False
_________have original jurisdiction (trial). District courts
District Courts typically don't try felonies. False
District Court will not hear misdemeanors transferred from county court where the defendant is not guilty and the county court judge is not a lawyer False
Jurisdiction of County Courts: Original jurisdiction (trial) A/B misdemeanors Misdemeanor cases that JP court does not have exclusive and original jurisdiction of and fines exceed 500 dollars.
Court jurisdiction of justice court Have original jurisdiction in cases where the punishment can be a fine or a fine + some other sanction that does not include jail time. Venue- where the trial is going to be
JP Venue rules include all of the following EXCEPT: The precinct where the defendant lives is not required.
Municipal courts Have exclusive original jurisdiction within the city over: City ordinance violations punishable by fine up to 2,000 for fire, safety, zoning public health 500 for all other ordinances True
Municipal courts Has concurrent Jurisdiction with Jp in state fine offences only.
Created by: comstech