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CCP Study Guide

Ch 15 to 24.17

QuestionAnswer
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
Created by: comstech