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Code of Criminal Procedures

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51 Questions

How many objects of the CCP are there?

6

An object of the CCP is to adopt measures for "_______" the commission of crime.

Preventing

An object of the CCP is to exclude the "_______" from all hope of escape

Offender

An object of the CCP is to insure a trial with as "_____" delay as is consistent with the ends of justice

Little

An object of the CCP is to bring to the investigation of each offense on the trial all the "________" tending to produce conviction or acquittal.

Evidence

An object of the CCP is to insure a fair and "______" trial

Impartial

An object of the CCP is to ensure the certain "_______" of the sentence of the law when declared.

Execution

Which is not a peace officer of Texas?

Special investigators who are investigating felony crimes

Which is not a peace officer in Texas?

All are peace officers

Which is not a Peace Officer in Texas?

All are officers

How many railroad peace officers may the director of the Department of Public Safety appoint?

250

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

Which offense are criminal investigators of the United States allowed to have the powers of arrest, search, and seizure in Texas?

Felony offenses only

Which is not a criminal investigator of the United States ?

All are special investigators

Is a commissioned law enforcement officer of the National Park Service a peace officer?

No

Within counties under "____" population, the chief of police of a municipality or the sheriff of the county may appoint up to "" peace officers who are employed by a private institution of higher education located in the municipality or county, to serve as adjunct police officers of the municipality or county.

200,000/ 50

What is the geographical area that adjunct peace officers have jurisdiction over?

The campus of the private institution and the area adjacent to it as long as it does not extent past 1 mile

Where can adjunct police officers make arrests and exercise all authority given to peace officers?

Within the geographical area designated to them by the chief of police/ sheriff and the private institution.

Who is liable for any act or omission by a person while serving as an adjunct police officer?

The private institution of higher education

When can a person serve as an adjunct peace officer for a municipality or county?

All of the above

When do peace officers from adjoining states have the same powers, duties, and immunities as peace officers of this state?

(C) Regain physical custody of the inmate or defendant if the inmate or defendant escapes while being transported.

When do peace officers from adjoining states have the same powers, duties, and immunities as peace officers of this state?

When regularly assigned to duty in a county, parish, or municipality that adjoins this state and within one mile of the boundary between this state and the adjoining state.

Who may appoint special rangers who are employed by the Texas and Southwestern Cattle Raisers Association? How many rangers may he appoint?

The director of the Department of Public Safety/ 50 rangers

Can special rangers issue traffic citations?

No

Who must the Texas and Southwestern Cattle Raisers Association submit an application to for a person to serve as special ranger?

(D) Both A and C

What requirements must be met before an individual can be a special ranger?

All of the above

When do Alabama Coushatta and Kickapoo Traditional peace officers have all powers, privileges, and immunities of peace officers outside of the boundaries of the tribe's reservation?

When summoned by or assisting another law enforcement agency.

Any officer assigned to duty and commissioned under a tribal reservation shall take and file the oath required of peace officers and shall execute and file a good and sufficient bond in the sum of "______", payable to the governor, with two or more good and sufficient sureties, conditioned that the officer will fairly, impartially, and faithfully perform the duties as may be required of the officer by law.

1,000

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. the officer shall "_____"

in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime

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. the officer shall "_____"

execute all lawful process issued to the officer by any magistrate or court

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. the officer shall "_____"

give notice to some magistrate of all offenses committed within the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law

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. the officer shall "_____"

arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.

What duty does a peace officer on determining the location of a missing child?

To take possession of the child and deliver the child to the entitled person

When may a peace officer inquire as to the nationality or immigration status of a victim or witness?

(D) Bothe B and C

A peace officer has a duty to intervene to stop or prevent another peace officer from using force against a person suspected of committing an offense if "_____"

All of the above

A peace officer who witnesses the use of excessive force by another peace officer shall"_____"

Make a detailed report of the incident and deliver the report to the supervisor

What must a law enforcement agency filing a case submit to the attorney representing the state?

A written statement acknowledging that all documents, items, and information have been disclosed to the defendant

Which courts does the phrase "attorney representing the state" not include?

None of the above

If at any time after the case is filed with the attorney representing the state the law enforcement agency discovers or acquires any additional document, item, or information what must they do with said information.

Promptly disclose the document, item, or information to the attorney representing the state.

What will happen if any sheriff or other officer shall willfully refuse or fail from neglect to execute any summons, subpoena, or attachment for a witness or any other legal process which it is made his duty by law to execute.

he shall be liable to a fine for contempt not less than ten nor more than two hundred dollars

What will each sheriff be in his county?

Conservator of the peace

What are the duties of a conservator of the peace?

All of the above

When a prisoner is committed to jail by warrant from a magistrate or court, what must happen?

He shall be placed in jail by the sheriff

Who else may lawfully perform the duties of the sheriff?

His deputies

How much time does a peace officer from the appropriate local law enforcement agency have to investigate an immediate risk of physical or sexual abuse of a child?

As soon as possible after being notified by the department of the report, but not later than 24 hours after being notified

on receipt of a report of abuse, neglect, exploitation, or other complaint of a resident of a nursing home, convalescent home, or other related institution or an assisted living facility what shall the law enforcement agency do?

Begin and investigation within 24 hours of receipt.

What must happen if an individual's information is falsely given to a law enforcement agency by a criminal?

Notify the individual whose information was wrongfully used and notify the Department of Public Safety

What must the local law enforcement agency inform a person whose information was wrongfully used?

All of the above

What must the local law enforcement agency inform the Department of Public Safety when an individual information is misused?

All of the above

A peace officer to whom an alleged violation of fraud or possession of identifying information is reported shall to what?

(C) Make a written report to the law enforcement agency that employs the peace officer

What information shall a peace officer include in the report regarding fraudulent use or possession of identifying information?

all of the above

Study Notes

Objects of the CCP

  • Adopt measures to prevent the commission of crime
  • Exclude the accused from all hope of escape
  • Insure a trial with as little delay as consistent with the ends of justice
  • Bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal
  • Insure a fair and impartial trial
  • Ensure the certain punishment of the sentence of the law when declared

Peace Officers

  • A railroad peace officer may issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code
  • A commissioned law enforcement officer of the National Park Service is a peace officer
  • Within counties under 50,000 population, the chief of police of a municipality or the sheriff of the county may appoint up to 5 peace officers who are employed by a private institution of higher education located in the municipality or county, to serve as adjunct police officers of the municipality or county
  • Adjunct peace officers have jurisdiction over the geographical area of the municipality or county
  • Adjunct police officers can make arrests and exercise all authority given to peace officers within the municipality or county
  • The municipality or county is liable for any act or omission by a person while serving as an adjunct police officer
  • A person can serve as an adjunct peace officer for a municipality or county when appointed by the chief of police or sheriff
  • Peace officers from adjoining states have the same powers, duties, and immunities as peace officers of this state when pursuing an offender or investigating a crime committed in this state
  • The Texas and Southwestern Cattle Raisers Association can appoint special rangers who are employed by the association
  • The association can appoint up to 25 special rangers
  • Special rangers cannot issue traffic citations
  • The Texas and Southwestern Cattle Raisers Association must submit an application to the governor for a person to serve as special ranger
  • Before an individual can be a special ranger, they must meet certain requirements, including being at least 21 years old, a high school graduate, and passing a background check
  • Alabama Coushatta and Kickapoo Traditional peace officers have all powers, privileges, and immunities of peace officers outside of the boundaries of the tribe's reservation when they are commissioned by the Governor

Duties of Peace Officers

  • Every peace officer has a duty to preserve the peace within their jurisdiction
  • To effect this purpose, the officer shall use all lawful means and take all necessary actions to prevent and suppress crime, execute process, and maintain order
  • A peace officer has a duty to intervene to stop or prevent another peace officer from using excessive force against a person suspected of committing an offense
  • A peace officer who witnesses the use of excessive force by another peace officer shall report the incident to the supervisor or investigative agency
  • A peace officer has a duty to determine the location of a missing child and take immediate action to find the child
  • A peace officer may not inquire as to the nationality or immigration status of a victim or witness except as necessary to investigate the offense or provide services to the victim
  • A peace officer has a duty to provide information and assistance to victims and witnesses

Law Enforcement Agencies

  • A law enforcement agency filing a case must submit to the attorney representing the state all documents, items, and information related to the case
  • If a law enforcement agency discovers or acquires any additional document, item, or information after the case is filed, they must submit it to the attorney representing the state
  • A law enforcement agency must investigate an immediate risk of physical or sexual abuse of a child within 2 hours of receiving a report
  • Upon receipt of a report of abuse, neglect, exploitation, or other complaint of a resident of a nursing home, convalescent home, or other related institution or an assisted living facility, the law enforcement agency shall investigate and take appropriate action
  • If an individual's information is falsely given to a law enforcement agency by a criminal, the agency must inform the person and the Department of Public Safety
  • A peace officer to whom an alleged violation of fraud or possession of identifying information is reported shall investigate and report the incident to the appropriate authorities

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