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CCP Study Guide
Ch 15 to 24.17
Question | Answer |
---|---|
A ____________ is a written order from a magistrate commanding a peace officer or some other person “specially mentioned” (bondsman) | Arrest warrant |
Requisites of warrants includes: State of TX Suspects name/description Specify offence Signed by Sheriff | False |
A______________is affidavit made by magistrate, DA/CA charging commission of an offense. | Complaint |
An affiant is not required to sign a complaint. | False |
Cant require victim of these crimes to take__________ Continuous sexual abuse of a child Indecency with a child Aggravated sexual assault Incest | Polygraph |
A__________can issue a warrant | District Clerk |
A warrant issued by a county or district clerk or a magistrate extends to all of Texas except: | Mayors Exception:good in the mayors county unless it was endorsed by another mayor in a different county. If a judge endorses the warrant then it will be statewide. |
A___________must be certified under seal. | warrant |
What is an exception to executing a warrant? 'what is truest'? | speedier magistrate rule |
Disposition of arrested person requires you to take to booking. | True |
______________ is required during disposition of arrested person | Notification of Charge |
Magistration must be done without unnecessary delay (72hours) | False |
Magistration can be by CCTV or electronic broadcast (including internet) | True |
One_______________________is all reasonable means permitted to effect arrest | Procedure under warrant |
In felony cases an officer may break down a door if admittance is refused. | True. |
During the arrest of juveniles a _________ is required within____. | Oral notification; 24hrs. |
Search warrant is written order issued by a magistrate commanding a peace officer (must have jurisdiction) to search for something, seize it, and bring it to the magistrate. | True |
Search Warrants may be issued by ANY magistrate. | False |
Before a warrant is issued, the magistrate must be satisfied that ________ exists by affidavit. | Probable cause. |
___________is a new addition to Search Warrants. | Electronic Consumer Data |
Search Warrant to photo an injured child- Only applies to certain offenses, same sex must be present (injury to a child, sex/aggravated sex assault/continuous) | True |
_____may be issued for the inspection of a premises to determine if there is a health or fire hazard | Warrants |
Texas Search Warrant is good for 2 whole days not counting day of issuance or execution | False |
You have______days typically for a DNA search warrant. | 15 |
_____ is now defined as “Restraint of Property” | Seized. |
Peace Officers can now seize the_______on gambling devices when a seizure warrant is authorized. | circuit board |
Seized property shall be kept in______of seizure. | County. |
Indictment | Written statement of grand jury accusing a person of an offense (felony cases) “true bill versus no bill” |
Written statement filed by the district or county attorney that charges a person with an offense (after right to indictment is waived, usually misdemeanor cases) | Information |
Both _________ and _____charge the defendant with commission of a crime. | indictment; information |
You cannot have more than one offense per indictment, information, or complaint. | False |
Capias | Writ issued by a court or court clerk to a PO to arrest a person accused of an offense and bring him before the court immediately or on a day stated on capias |
A Capias requires: | 1. State of Texas 2. Name/Description 3. Offense 4. Court 5. Dated with Official |
________are for summoning a person in court | Subpoenas |
A______________may also require a person to provide documents | Subpoena |
As a peace officer you may be asked to serve a Subpoena. | True |
A subpoena duces tecum is: | for stuff or documents in the possession of the person served |
Serving a__________includes:1. Reading it to a witness 2. Giving a copy to witness 3. Mailing a certified copy | Subpoena |