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Code of Criminal Procedure 50 Questions

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50 Questions

An indictment of information for any misdemeanor may be presented within _____ from the date of the commission of the offense, and not afterward.

two years

If a witness refuses to obey a subpoena, he may be fined at the discretion of the court, _______ dollars in a felony case.

$500

A “commitment” is a court order.....

None listed

The head of the agency arresting or holding a person in the prevention of “Family Violence” if there is probable cause to believe the violence will continue if the person is immediately released, may hold the person for a period of not more than _______ hours after bond has been posted. This detention period may be extended for an additional period if a magistrate makes a determination of fact and directs in writing to the person having custody of the detained person. The additional period of detention shall not exceed_________.

4, 48

A search warrant for _____________ may not be signed by a justice of the peace.

Property constituting evidence of an offense

Except by due course of the law of the land, no citizen of this state shall be deprived of:

All listed

A person is considered “arrested” when the person has been actually placed under restraint or is ___________.

taken into custody

A/an ______________ is a written statement filed and presented in behalf of the State by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted.

Information

Who may execute a search warrant for criminal evidence?

A peace officer

_____________ means a postmortem examination of the body of a person, including X-rays and an examination of the internal organs and structures after dissection, to determine the cause of death or the nature of any pathological changes that may have contributed to it.

Autopsy

Under which of the following situations is an officer NOT permitted to arrest without a warrant?

A credible person alerts a peace officer that a misdemeanor theft has been committed and that the offender is about to escape. (Note: the person only contacts the police, he does not take the thief into custody.)

A peace officer _________________, when a felony or Class “A” misdemeanor has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.

may arrest, without a warrant

Which amendment defines the right to be secured from unreasonable search and seizures?

4th

Whenever a number of persons are assembled in such a manner, as to constitute a riot, it is the duty of every ______ to cause such persons to disperse.

peace officer or magistrate

When an officer is handling a family violence case, he or she must....

Give a written notice to the alleged victim of his or her rights.

Which of the following is not a magistrate in Texas?

State Attorney General

The _____ is a conservator of the peace in his county.

Sheriff

All are examples of reason for a writ of habeas corpus except:

loss of privileges while imprisoned due to actions

What are the primary duties of a peace officer in cases involving family violence?

all listed

If a witness have in his possession any instrument of writing or other thing desired as evidence, the following instrument may specify such evidence and direct that the witness bring the same with him and produce it in court;

Subpoena duces tecum

An inquest of a deceased person needs to be held if the person...

all listed

Whenever a number of persons are assembled together in such a manner as to constitute a riot, according to the penal law of the State, it is the duty of every magistrate or peace officer to cause such persons to disperse. This may either be done by commanding them to disperse or by __________ the persons engaged, if necessary, either with or without warrant.

arresting

The statute of limitations for Indecency with a child (PC 21.11) is ____.

there is no limitation

A/an ____________ is a writ issued by the court or clerk, and directed to “any peace officer of the State of Texas”, commanding him to arrest a person accused of an offense and bring him before that court immediately, or on a day at a term stated in the writ.

capias

CCP Article 2.17 requires that when a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by the ______________.

Sheriff

Which of the following is listed as a peace officer in the CCP?

All are peace officers

Under which of the following situations is an officer NOT permitted to arrest without a warrant?

A red-light violation is committed in view of a credible citizen, but the officer did not witness the violation.

_____ has original jurisdiction in class A and B misdemeanors when the fine to be imposed shall exceed five hundred dollars.

County Court

What public official is responsible for conducting inquests in counties that do not have medical examiners?

Justice of the Peace

Which of the following officials is authorized under the CCP to call any military company in a county to aid in overcoming resistance, and if necessary, in seizing and arresting persons engaged in such resistance?

Sheriff

When the Magistrate sits for the purpose of inquiring into a criminal accusation against any person is:

examining court

A peace officer may arrest, without warrant, for which of the following?

All are situations where a peace officer may arrest without a warrant.

A ______________ is written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.

warrant of arrest

A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the purpose of arresting that person for _______________ may continue the pursuit into this state and arrest the person.

a felony

Which of the following is not a peace officer in Texas?

ATF Agent

Who are Peace Officers?

Both Constables/Sheriffs and each of their Deputies

A/an ____________ is the written statement of a grand jury accusing a person therein named of some act or omission which by law, is declared to be an offense.

Indictment

Which of the following would be listed in the CCP as a “Special Investigator.”

Civilian Special Agents of the United States Naval Investigative Service.

An instrument issued by the clerk of a court or a justice of the peace commanding that the person named therein appear at a specific time and place is a/an _________.

Subpoena

A ____ is the written statement of a grand jury accusing a person herein named of some act or omission which, by law is declared to be an offense.

indictment

A warrant of arrest issued and signed only by a mayor of an incorporated city or town can be executed:

Only in the county in which it was issued

You are a peace officer and have probable cause to believe that a well known bank robber has written plans to rob a bank in his personal diary. You may:

No search warrant can be issued.

A “commitment” is a court order....

None listed

A peace officer _______ arrest a suspect if he has probable cause to believe he has violated a protective order under PC 25.07, and it does not occur in his presence.

may

A “commitment” is a court order...

To place an accused in jail.

If a witness refuses to obey a subpoena, he may be fined at the discretion of the court, ______ dollars in a misdemeanor case.

$100

________ shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars.

County Court

A peace officer _______ arrest a suspect if he has probable cause to believe he has violated a protective order under PC 38.112, and it does occur in his presence.

shall

Under which of the following situations is an officer NOT permitted to make a custody arrest provided the person is willing to sign a citation?

A person charged with “Possession of Alcoholic Beverage in Motor Vehicle”.

Under which of the following situations is an officer NOT permitted to make a custody arrest provided the person is willing to sign a citation?

A person that commits the offense of “speeding.”

Study Notes

Statute of Limitations

  • An indictment for a misdemeanor may be presented within a certain time frame from the date of the commission of the offense.

Witnesses and Subpoenas

  • A witness who refuses to obey a subpoena may be fined up to a certain amount in a felony case and a different amount in a misdemeanor case.
  • A subpoena may specify evidence and direct the witness to bring it to court.

Commitment and Detention

  • A commitment is a court order, and in family violence cases, the head of the agency arresting or holding the person may detain them for a certain number of hours after bond has been posted.
  • The detention period may be extended for an additional period if a magistrate makes a determination of fact.

Search Warrants

  • A search warrant cannot be signed by a justice of the peace.
  • A peace officer, sheriff, or marshal can execute a search warrant for criminal evidence.

Arrests

  • A person is considered arrested when they are actually placed under restraint or are told they are under arrest.
  • A peace officer may arrest without a warrant in certain situations, such as when a felony or Class A misdemeanor has been committed in their presence.
  • A peace officer may also arrest without a warrant when a magistrate verbally orders the arrest of the offender.

Riot and Dispersal

  • When a group of persons are assembled in a way that constitutes a riot, it is the duty of every magistrate or peace officer to cause them to disperse.

Family Violence

  • A peace officer has primary duties in cases involving family violence, including arresting the suspect if probable cause exists.
  • When handling a family violence case, an officer must take certain steps.

Inquests and Autopsies

  • An inquest of a deceased person is necessary if the person died under certain circumstances.
  • An autopsy is a postmortem examination of the body to determine the cause of death or any pathological changes.

Peace Officers

  • A sheriff is a conservator of the peace in their county.
  • Examples of peace officers include sheriffs, marshals, and certain other officials.
  • A peace officer commissioned and authorized by another state to make arrests for felonies may continue the pursuit into Texas and arrest the person.

Writs and Citations

  • A writ of habeas corpus can be used in certain situations, except when the person is imprisoned on a final judgment of conviction.
  • A citation in lieu of arrest may be used in certain situations.

Courts and Jurisdiction

  • The statute of limitations for indecency with a child is a certain number of years.
  • The county court has original jurisdiction in class A and B misdemeanors when the fine exceeds a certain amount.
  • The justice of the peace has jurisdiction in certain misdemeanors.

Miscellaneous

  • The 4th Amendment defines the right to be secured from unreasonable searches and seizures.
  • Under certain circumstances, an officer may not arrest without a warrant.

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