Criminal Procedure Chapter 9
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Questions and Answers

Who are peace officers according to CCP 2.12? (Select all that apply)

  • Constables and deputy constables (correct)
  • Investigators of the Texas Racing Commission
  • Airport security personnel commissioned by political subdivisions (correct)
  • Sheriffs and their deputies (correct)

    • What is the role of railroad peace officers as defined in CCP 2.121?

    To aid law enforcement agencies in the protection of railroad property and the persons and property of railroad passengers and employees.

    Which of the following are considered Special Investigators under CCP 2.122? (Select all that apply)

  • Marshals of the U.S. Marshals Service (correct)
  • Special Agents of the FBI (correct)
  • Local police officers
  • Inspectors of the U.S. Postal Inspection Service (correct)

    • What is the maximum number of adjunct police officers that can be appointed according to CCP 2.123?

    <p>50</p> Signup and view all the answers

    Peace officers from adjoining states have the same powers as peace officers of this state only while transporting inmates?

    <p>True</p> Signup and view all the answers

    What is the role of Special Rangers of Texas and Southwestern Cattle Raisers Association?

    <p>To aid law enforcement agencies in the investigation of the theft of livestock or related property.</p> Signup and view all the answers

    What authority do peace officers commissioned by the Alabama Coushatta Indian Tribe have?

    <p>To enforce state law within the boundaries of the tribe's reservation.</p> Signup and view all the answers

    What is a primary duty of every peace officer under CCP 2.13?

    <p>To preserve the peace within their jurisdiction.</p> Signup and view all the answers

    A sheriff can be held liable for not executing legal processes like a subpoena.

    <p>True</p> Signup and view all the answers

    What does each sheriff serve as in their county according to CCP 2.17?

    <p>A conservator of the peace.</p> Signup and view all the answers

    When a prisoner is committed to jail, he shall be placed in jail by the ______.

    <p>sheriff</p> Signup and view all the answers

    What should happen on receipt of reports of immediate risk to children according to CCP 2.27?

    <p>A peace officer shall investigate the report jointly with the Department of Family and Protective Services.</p> Signup and view all the answers

    What does CCP 2.271 require local law enforcement to do?

    <p>Investigate reports of abuse, neglect, or exploitation in nursing homes or assisted living facilities.</p> Signup and view all the answers

    What is the code associated with duties regarding misused identity?

    <p>CCP 2.28</p> Signup and view all the answers

    What must law enforcement notify a person of when their identifying information is misused?

    <p>That their identifying information was misused and their rights to file a declaration and expunction.</p> Signup and view all the answers

    Which section requires a peace officer to make a written report regarding the fraudulent use of identifying information?

    <p>CCP 2.29</p> Signup and view all the answers

    What is a peace officer required to do after investigating an assault listed under Section 22.01 or 22.02?

    <p>Prepare a written report including required information.</p> Signup and view all the answers

    Victims of family violence are entitled to maximum protection from harm as stated in CCP 5.01.

    <p>True</p> Signup and view all the answers

    In Chapter 5.02, 'family violence', 'family', and 'member of a household' have definitions assigned by __________.

    <p>Chapter 71, Family Code</p> Signup and view all the answers

    Family or household relationships create exceptions to the official duties of a peace officer in family violence cases.

    <p>False</p> Signup and view all the answers

    What are the primary duties of a peace officer responding to family violence allegations?

    <p>Protect victims, enforce the law, enforce protective orders, and make lawful arrests.</p> Signup and view all the answers

    Under CCP 5.045, what are peace officers not liable for when providing standby assistance in family violence cases?

    <p>Both A and B</p> Signup and view all the answers

    What information must be included in a written report by a peace officer investigating family violence?

    <p>Names of the suspect and complainant, date, time, location, visible injuries, incident description, and disposition.</p> Signup and view all the answers

    Where is the venue for a protective order offense located according to CCP 5.07?

    <p>In the county where the order was issued or where the offense was committed.</p> Signup and view all the answers

    What is a peace officer's duty when they are informed of a threat to a person?

    <p>To prevent the threatened injury if within their power.</p> Signup and view all the answers

    What must a peace officer do when witnessing a crime being committed?

    <p>Prevent the offense and may summon citizens for aid.</p> Signup and view all the answers

    Under which chapter does a person not need to relate to the offender to file for a protective order?

    <p>CCP 7A.01</p> Signup and view all the answers

    What may a court issue to protect an applicant when there is a clear and present danger?

    <p>A temporary ex parte order.</p> Signup and view all the answers

    A protective order must include specific warnings regarding violation penalties.

    <p>True</p> Signup and view all the answers

    What is the maximum duration of a protective order as stated in CCP 7A.07?

    <p>Until the second anniversary of the date it was issued, unless otherwise stated.</p> Signup and view all the answers

    Study Notes

    Who are Peace Officers

    • Peace officers include sheriffs, deputies, reserve deputies, constables, and municipal police officers who hold licenses under Chapter 1701, Occupations Code.
    • Other listed officers comprise Texas Alcoholic Beverage Commission agents, highway patrol officers, and investigators from various state offices and authorities.
    • Special categories include airport police, county park rangers, and security personnel working at nuclear power plants.

    Railroad Peace Officers

    • Up to 250 railroad peace officers can be appointed by the Department of Public Safety to protect railroad property and ensure safety for passengers and employees.

    Special Investigators

    • Certain federal agents do not hold peace officer status but have limited powers of arrest and search for felony offenses, including agents from the FBI, Secret Service, and DEA.
    • Customs and Border Protection Officers can detain individuals at specific Texas border facilities under certain conditions.

    Adjunct Police Officers

    • In counties with populations under 200,000, the chief of police or sheriff can appoint adjunct police officers from private higher education institutions, with consent from the institution’s governing board.

    Peace Officers from Adjoining States

    • Commissioned peace officers from neighboring states can hold similar powers in Texas under specific conditions, mainly when transporting inmates or defendants across state lines.

    Special Rangers of Texas and Southwestern Cattle Raisers Association

    • The Department of Public Safety may appoint 50 special rangers to assist law enforcement in investigating livestock theft.

    Peace Officers Commissioned by Indian Tribes

    • The Alabama-Coushatta and Kickapoo Traditional Tribe councils can employ peace officers to enforce state law on their reservations.

    Duties and Powers of Peace Officers

    • All peace officers are responsible for maintaining peace within their jurisdiction and have the authority to use lawful means to achieve it.

    Neglecting to Execute Process

    • Sheriffs or officers failing to execute legal process may be fined between $10 and $200 for contempt, enforceable in civil cases.

    Conservator of the Peace

    • Sheriffs act as conservators of peace, arresting offenders in view or hearing, and suppressing disturbances and unlawful assemblies.

    Custody of Prisoners

    • Sheriffs must ensure that committed prisoners are correctly placed in jail and may permit bail procurement but must prevent escape.

    Deputy

    • Duties imposed on sheriffs can be performed by deputies. In absence of a sheriff, the appointed officer undertakes these duties until a sheriff is elected.

    Investigation of Child Abuse Reports

    • Upon receiving a high-priority report of potential child abuse, peace officers must investigate collaboratively with the Department of Family and Protective Services within 24 hours.

    Investigation of Abuse in Care Facilities

    • Local law enforcement is mandated to investigate allegations of abuse or neglect in nursing homes and assisted living facilities under Health and Safety Code.

    Duties Regarding Misused Identity

    • Law enforcement must notify individuals if their identification was misused and provide access to expunction rights under the law.

    Reporting Fraudulent Use of Identifying Information

    • Peace officers must compile and submit detailed reports on incidents of identity fraud, including victim and suspect details, and facilitate victim access to these reports.

    Reporting Assault or Terroristic Offenses

    • Specific offenses like sexual assault, aggravated assault, and terroristic threats require documented reports to be made by law enforcement upon complaint.### Peace Officer's Duties and Reports
    • A peace officer must prepare a written report for family violence investigations, detailing specific required information.
    • Victims of family violence can request access to pertinent information from local law enforcement agencies without any cost.
    • The report must include details such as the names of the suspect and complainant, date, time, location, visible injuries, descriptions of the incident, and the military status of the suspect if applicable.
    • Family violence is recognized as a serious societal threat, with existing laws to maximize victim protection.
    • Definitions for "family violence," "family," "household," and related terms are established in the Family Code.
    • An official's duties are not exempted in cases involving family or household relationships, ensuring protection toward all victims regardless of their connection to the alleged offender.

    Peace Officer Responsibilities

    • Officers investigating family violence must protect potential victims, enforce laws, and arrest violators if necessary.
    • Officers may stay with victims to facilitate safe retrieval of personal belongings without facing civil or criminal liability for their actions or the victim's actions.
    • Any threats made to individuals, including allegations of harm, must be addressed by officers with the necessary intervention measures.
    • Courts can issue temporary protective orders in cases of imminent danger without prior notice to the alleged offender.
    • Individuals have the right to file for protective orders, regardless of their relationship with the accused, emphasizing broad accessibility for victims.
    • Protective orders can mandate actions from offenders, restrict communication, prohibit presence in certain locations, and regulate firearm possession.

    Enforcement of Protective Orders

    • Protective orders must display clear warnings regarding penalties for violations, including fines and potential jail time.
    • The duration of protective orders can extend for the lifetimes of both the offender and victim or a specified shorter time, defaulting to two years if not specified.

    Riot and Assembly Regulations

    • Peace officers are authorized to address rioting and unlawful assemblies, commanding dispersal or making arrests as necessary.
    • Officers engaging in riot suppression must adhere to justified force, using only what is necessary to control the situation.
    • Special constables have the same powers as peace officers during their appointed time, reinforcing law enforcement authority.

    Child Victim Protections

    • Statements made by children who are victims of specified offenses can be admissible in court without needing further verification, streamlining the process for child witnesses.

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    Test your knowledge of peace officers as outlined in Chapter 9 of the Code of Criminal Procedure. This quiz focuses on the definitions and roles of various peace officers, including sheriffs and constables. Perfect for legal students and professionals looking to review this important legal concept.

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