Texas Code Of Criminal Procedure

Front 1

Victims of family violence are entitled to the _________ ________ from harm or abuse or the threat of harm or abuse as is permitted by law.

Back 1

MAXIMUM PROTECTION

Front 2

In any __________, __________, or ____________ response to allegations of family violence, the responding law enforcement or judicial officers shall protect the victim, without regard to the relationship between the alleged offender and victim.

Back 2

LAW ENFORCEMENT, PROSECUTORIAL, JUDICIAL

Front 3

The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence are to:

a. Protect any potential victim of family violence
b. Enforce the law of this state
c. enforce a protective order from another jurisdiction
d. make lawful arrests of violators

e. all of the above

Back 3

e. all of the above

Front 4

A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall determine whether the address of the persons involved in the allegation or call matches the address of:

Back 4

A current licensed foster home or verified agency foster home listed in TCIC

Front 5

A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim of all reasonable means:

Back 5

to prevent further family violence, including giving written notice of a victim's legal rights and remedies and of the availability of a shelter or other community services for family violence victims.

Front 6

A peace officer who provides standby assistance under 5.045(a) is not civilly liable for an _____ or _____ of the officer that arises in connection with the assistance or determining whether to provide the assistance.

Back 6

Act / Omission

Front 7

A peace officer who provides standby assistance under 5.045(a) is not civilly or criminally liable for the ________ ________ of any personal property by the victim.

Back 7

Wrongful Appropriation

Front 8

A peace officer who investigates a family violence incident...shall make a written report, including but not limited to:

Back 8

(1) names of suspect and complainant
(2) date, time, location of incident
(3) any visible or reported injuries
(4) description of incident and statement of disposition
(5) whether suspect is member of armed forces

Front 9

If a disturbance is reported at a foster home address, the officer shall file a report orally or electronically to Dept. of Family & Protective Services within ___ hours.

Back 9

24 hours

Front 10

If suspect is identified as being a member of the military, the peace officer shall provide written notice to the _______.

Back 10

Staff Judge Advocate at Joint Force Headquarters or the Provost Marshal of the military installation to which the suspect is assigned.

Front 11

The Dept. of Family and Protective Services is entitled to access the records relating to any person who is ___ years of age or older who resides in a _________ or _________.

Back 11

14 years or older, licensed foster home, or a verified agency foster home

Front 12

Family violence reports that are not exempt from disclosure under Chapter 552, Gov't Code shall provide victim:

Back 12

at no cost to the victim, any information contained in the written report under subsection (a), described by subsection (a)(1) or (2).

Front 13

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

Back 13

RIOT, MAGISTRATE, PEACE OFFICER

Front 14

The officer engaged in suppressing a riot, and those who aid him are authorized and justified in:

Back 14

adopting such measures as are necessary to suppress the riot.

Front 15

Articles relating to the suppression of riots apply equally to:

Back 15

unlawful assembly and other unlawful disturbances

Front 16

A peace officer or ________, may, without a warrant, arrest an offender when the offense is committed in his ______ or within his _____, if the offense is one classed as a felony or against the public peace.

Back 16

any other person, presence, view

Front 17

A peace officer may arrest an offender without a warrant for _____ offense within his presence or within his view.

Back 17

ANY

Front 18

persons found in suspicious places and under circumstances which reasonably show that such persons have _____________________________, or threaten, or are about to commit some offense against the laws.

Back 18

been guilty of some felony, violation of Title 9, Chapter 42, Penal code, breach of the peace, or offense under Section 49.02, Penal Code.
14.03 Authority of Peace Officers

Front 19

persons who the peace officer has probable cause to believe have committed an ___________ to another person and the peace officer has probable cause to believe there _________________ to that person.

Back 19

assault resulting in bodily injury; danger of further bodily injury.

Front 20

persons the peace officer has probable cause to believe have committed an offense defined by ___________ or by section ____________, if the offense is not committed in the presence of the peace officer.

Back 20

25.07 Violation of Protective Order; 38.112 Violation of Protective Order issued on basis of Sexual Assault

Front 21

persons the peace officer has probable cause to believe have committed an offense involving:

Back 21

Family Violence

Front 22

Family Violence, Interference with Emergency Telephone all, breach of the peace, felony, peace officer MAY arrest are found under what article?

Back 22

14.03 Authority of Peace Officers

Front 23

A peace officer SHALL arrest under 14.03 for what violation:

Back 23

25.07 & 38.112 Protective Order Violations

Front 24

A peace officer who is outside his jurisdiction may arrest, without a warrant, a person who commits an offense within his presence or view, if the offense is a _____, ______, or ______.

Back 24

Felony, violation of Chapter 42 or 49, or Breach of Peace

Front 25

After making an arrest outside of jurisdiction, officer shall:

Back 25

as soon as practicable after making the arrest, notify the LE agency having jurisdiction where the arrest was made.

Front 26

A law enforcement agency receiving custody of a person arrested by an officer outside of their jurisdiction shall:

Back 26

take the person before a magistrate in compliance with Article 14.06

Front 27

A peace officer listed in subdivision (1), (2) or (g)(1), Article 2.12 and is outside jurisdiction may arrest without a warrant a person who commits any offense within presence or view, other than:

Back 27

violation Subtitle C, Title 7, Transportation Code

Front 28

A peace officer listed in Subdivision (3) [municipal police officers], outside their jurisdiction may arrest, without a warrant for everything including traffic only if:

Back 28

the offense is committed in the county or counties in which the municipality employing the peace officer is located

Front 29

In lieu of arresting an individual who is NOT A CHILD, as defined by 51.02 Family Code and who commits an offense under 49.02 (Public Intoxication), the peace officer may:

Back 29

Release the individual if (1) believes detention is unnecessary and (2) is released to care of adult to assumes responsibility or (3) subject consents to voluntary treatment in facility licensed by Texas Commission on Alcohol & Drug Abuse.

Front 30

A person arrested may be released if they consent to voluntary treatment for chemical dependency in a program in a treatment facility licensed and approved by:

Back 30

Texas Commission on Alcohol and Drug Abuse.

Front 31

Can a magistrate release from custody an arrested subject for public intoxication for the same reasons a peace officer can release the subject?

Back 31

Yes, 14.031(b) allows magistrates to release as well

Front 32

May an officer or agency be held liable for damage to persons or property from releasing an individual under 14.031?

Back 32

NO

Front 33

here it is shown by __________________ to a peace officer, upon the representation of a _______________, that a felony has been committed, and that the offender is about to _______, so that there is no time to procure a warrant, such peace officer, may, without a warrant, pursue and arrest the accused.

Back 33

satisfactory proof, credible person, escape

Front 34

14.04

Back 34

When Felony Has Been Committed

Front 35

What are the three main elements of 14.04

Back 35

satisfactory proof of credible person, felony committed and offender is about to escape.

Front 36

14.05

Back 36

Rights of Officer

Front 37

In each case enumerated where arrests may be lawfully made without a warrant, the officer making the arrest is justified in ________ all measures he might _______ in cases of arrest under warrant except he may not enter a residence to make the arrest unless:

Back 37

adopt, adopt, (1) person residing consents to entry, (2) exigent circumstances required entry without consent or warrant

Front 38

14.051

Back 38

Arrest by Peace Officer from other Jurisdiction (FRESH PURSUIT)

Front 39

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

Back 39

a felony

Front 40

"fresh pursuit" means:

Back 40

a pursuit without unreasonable delay

Front 41

Fresh pursuit means a pursuit without

Back 41

unreasonable delay

Front 42

14.06

Back 42

Must take Offender before Magistrate

Front 43

Except as provided, officer shall take person arrested or have him taken without _____________, but not later than _____ hours after the person is arrested, before a magistrate...

Back 43

unnecessary delay, 48 hours

Front 44

What magistrates shall a peace officer take an arrested person before?

Back 44

(1) magistrate who may have ordered the arrest
(2) some magistrate of the county where the arrest was made without an order (warrant); or
(3) a magistrate in any other county of this state (to provide the warnings of 15.17 more expeditiously

Front 45

A peace officer who is charging a person, ________, with committing an offense that is a class ____ misdemeanor other than 49.02, may issue a citation instead of arresting the person.

Back 45

including a child, class c misdemeanor

Front 46

A person may be released with citation for Class A & B Misdemeanors for what offenses?

Back 46

(1) 481.121(b)(1) or (2)
(2) 28.03(b)(2)
(3) 28.08(b)(1)
(4) 31.03(e)(2)(A)
(5) 31.04(e)(2)
(6) 38.114 (class b only)
(7) 521.457 TRC

Front 47

A _______ is a written order from a _________ to a ________ directing him or some other person ________, commanding him to take the body of a person accused of an offense, to be dealt with according to law.

Back 47

warrant of arrest, magistrate, peace officer, specially named

Front 48

What are the requisites of a warrant?

Back 48

(1) It shall issue in the name of "The State of Texas";
(2)Must specify the name of the person whose arrest is order if known, if unknown, then some reasonably definite description must be given of him;
(3) Must state the person is accused of some offense against the laws of the State, naming the offense;
(4) Must be signed by a magistrate, his office be named in the body of the warrant or in connection with his signature

Front 49

What are the requisites of a warrant:
15.02

Back 49

"State of Texas", Name of person, Offense, Magistrate Signature

Front 50

15.03 Magistrate May Issue Warrant or Summons

Back 50

1. any cause authorized by law
2. when person makes oath before magistrate that another has committed offense
3. any case where he is specially authorized to issue warrants

Front 51

A person may appear before a magistrate in person or through ___________.

Back 51

an electronic broadcast system

Front 52

The summons shall be served upon a defendant by delivering a copy to him personally or

Back 52

leaving it at his dwelling or usual place of abode with a person of suitable age and discretion or by mailing it to the last known address

Front 53

If a person fails to appear in response to the summons...

Back 53

a warrant shall be issued

Front 54

15.04 Complaint

Back 54

The affidavit made before the magistrate or DA/CA is called a "complaint" if it charges the commission of an offense

Front 55

Requisites of Complant

Back 55

1. state name of accused
2. show accused committed some offense
3. must state time and place of offense
4. must be signed by affiant

Front 56

Polygraph of Complainant

Back 56

A polygraph is optional and the case may not be dismissed based solely on failure to take polygraph or results of polygraph

Front 57

Warrant extends to every part of the State

Back 57

Except Mayors, a warrant issued by any county or district clerk or any magistrate shall extend to any part of the state

Front 58

Warrant by a mayor may only be executed

Back 58

in county in which it was issued

Front 59

Mayor's warrant may be executed in another county, if:

Back 59

1. endorsed by magistrate in county where accused is found
2. in any part of the state if endorsed by magistrate of court of record

Front 60

15.16 How Warrant is Executed

Back 60

Officer shall take person before magistrate who issued warrant, magistrate named in warrant if in same county. If magistrate is in another county, shall take before some magistrate in the county.

Front 61

A recording of the communications between arrested person and magistrate shall be made. Recording shall be preserved until earlier of following:

Back 61

1. the date which the pretrial hearing ends; or
2. the 91st day after date which recording is made for misdemeanor or 120th day after for a felony.

Front 62

When is a person arrested under 15.22 CCP?

Back 62

When he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest or arresting without a warrant.

Front 63

When can arrests be made? (15.23)

Back 63

any day or any time of day or night

Front 64

What force may be used for arrest? (15.24)

Back 64

all reasonable means are permitted to be used to effect arrest. No greater force shall be resorted to than is necessary.

Front 65

All _______ ________ are permitted to be used to effect arrest. No greater force shall be resorted to than is _______.

Back 65

reasonable means / necessary

Front 66

In case of _______, the officer may break down the door of any house for the purpose of making arrest, if he be refused admittance after giving notice of _______ and _______.

Back 66

Felony, Notice, Purpose

Front 67

(15.26) In executing a warrant arrest, it shall be made known to the accused under what ______ the arrest is made.

Back 67

authority

Front 68

The officer ________ ______ have the warrant in possession

Back 68

need not

Front 69

A warrant is public information beginning immediately when the warrant is ________.

Back 69

executed

Front 70

15.27 Notification to Schools Required

Back 70

Law enforcement agency shall attempt to ascertain if person is enrolled in school for listed offenses

Front 71

15.27 Notification to Schools Required:

Who should be notified and how?

Back 71

Superintendent or designee. SHALL orally notify

Front 72

15.27 Notification to Schools Required

How soon must notifications be made?

Back 72

within 24 hours, or before the next school day (whichever is earlier)

Front 73

15.27 Notification to Schools Required

Within ___ days after the date of the oral notice, the head of the agency shall mail a written notice to the ______ or ______.

Back 73

7 days, superintendent, designee

Front 74

15.27 Notification to Schools Required

What must notice contain?

Back 74

1. name of person who was orally notified
2. date and time of oral notification.
3. sufficient details of the arrest/referral and acts committed by student

Front 75

15.27 Notification to Schools Required

Prosecuting attorney must notify school within ____ hours after an order requiring the student to register as a sex offender

Back 75

24 hours

(notice issued orally and in writing in the same manner as law enforcement agency)

Front 76

15.27 Notification to Schools Required

Can electronic communication be substituted for oral communication?

Back 76

Yes, email can be used in lieu of oral communication. If email is used, written notification is not required.

Front 77

A law enforcement agency that arrests or refers an individual to a juvenile court under Chapter 52, Family Code, shall make oral and written notifications to the __________ or designee.

Back 77

Principal

(not superintendent because referral is for an arrest from Chapter 52, Family Code)

Front 78

if case was refused for lack of prosecutorial merit or insufficient evidence and no formal proceedings, adjudication, prosecution would be initiated; or found not guilty or dismissed with ________, the prosecuting attorney shall notify the __________ within _____ days.

Back 78

prejudice, School district, 2 days

Front 79

15.27 Notification to Schools Required

Subsection (h) applies to following offenses:

Back 79

1. any felony
2. 20.02, 21.08, 22.01, 22.05, 22.07, 71.02
3. P/DOCS, paraphernalia, marijuana

Front 80

If a school board learns of the failure of a law enforcement agency in notifying them of an applicable arrest, who should they notify?

Back 80

Texas Commission on Law Enforcement

Front 81

18.01 Search Warrants

Back 81

a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order.

Front 82

A search warrant is a written order written by a magistrate directing a peace officer to:
A. Take photographs of a child
B. Search for property or thing
C. Arrest an individual
D. Fingerprint a child
E. A & B only

Back 82

A search warrant is a written order written by a magistrate directing a peace officer to:

E. A & B only (search place or thing or photograph a child)

Front 83

No search warrant shall issue for any purpose in this state unless _______________ are first presented to satisfy the issuing magistrate that probable cause does I fact exist for its issuance.

Back 83

sufficient facts

Front 84

A ____________ setting forth substantial facts establishing probable cause shall be filed in every instance in which a search warrant is requested.

Back 84

sworn affidavit

Front 85

Except as provided by Article 18.011, the affidavit is____________ if executed.

Back 85

public information

Front 86

A search warrant may not be issued under 18.02(10) unless:

Back 86

(1) specific offense committed
(2) specifically described property or items constitute evidence
(3) property or evidence are located at or on particular person, place or thing to be searched

Front 87

Except as provided by subsection (d) (I) and (j), only the following magistrates may issue warrants under Article 18.02(10):
a. judge of municipal court of record
b. county court judge if an attorney
c. district court judge
d. Judge of CCA (including presiding judge)
e. justice of Supreme Court of Texas (including Chief Justice)
f. magistrate with jurisdiction over criminal cases of a district court
g. all of the above

Back 87

Except as provided by subsection (d) (I) and (j), only the following magistrates may issue warrants under Article 18.02(10):

g. all of the above

Front 88

A subsequent search warrant may be issued pursuant to subdivision (10) of the same person, place or thing subjected to a prior search warrant if it is issued by:

a. County Court Judge who is attorney
b. District Court Judge
c. Court of Appeals
d. Court of Criminal Appeals
e. Supreme Court
f. all of the above
g. all except a

Back 88

A subsequent search warrant may be issued pursuant to subdivision (10) of the same person, place or thing subjected to a prior search warrant if it is issued by:

g. all except a

Front 89

A search warrant for an office of a newspaper, magazine, television station, radio station may not be issued unless items are described in Subdivisions:
a. 1-7
b. 1-9
c. 1-10
d. 10

Back 89

A search warrant for an office of a newspaper, magazine, television station, radio station may not be issued unless items are described in Subdivisions:

b. 1-9

Front 90

A search warrant may not be issued under Subdivision (12) unless the sworn affidavit sets forth facts that:

a. felony has been committed
b. property could be considered contraband
c. a medical exception exists
d. (a & b)

Back 90

A search warrant may not be issued under Subdivision (12) unless the sworn affidavit sets forth facts that:

a. felony has been committed

Front 91

In a county that does not have judges who are licensed attorneys, may they issue search warrants under 18.02?

A. Yes
B. No

Back 91

In a county that does not have judges who are licensed attorneys, may they issue search warrants under 18.02?

A. Yes

Front 92

In a county that does not have judges who are licensed attorneys, what search warrants may they issue under 18.02?

A. 1-9
B. 1-10
C. 10 & 12
D. Subsequent warrants to 10

Back 92

In a county that does not have judges who are licensed attorneys, what search warrants may they issue under 18.02?

C. 10 & 12

Front 93

How long can an affidavit be sealed under 18.011 CCP?

A. 20 days
B. 30 days
C. 31 days
D. Until executed

Back 93

How long can an affidavit be sealed under 18.011 CCP?

31 days

Front 94

In case of _______, a judge may grant a _____ day extension of the original sealing order.

A. Misdemeanor, 20 days
B. Felony, 31 days
C. Felony, 30 days
D. A & C

Back 94

In case of _______, a judge may grant a _____ day extension of the original sealing order.

C. Felony, 30 days

Front 95

On what grounds may a search warrant be issued:

18.02

Back 95

(1) property acquired by theft
(2) property made or adapted for a crime
(3) arms & munitions kept for riot
(4) prohibited weapons
(5) gambling devices
(6) obscene materials
(7) drugs & paraphernalia
(8) any property illegal to possess by law
(9) implements used in a crime
(10) property constituting evidence (except personal writings)
(11) persons
(12) contraband subject to forfeiture under 59
(13) electronic customer data held in electronic storage

Front 96

18.021 Search Warrant to Photograph Injured Child:
A search warrant may be issued to photograph a child who is the victim of injury to a child, sexual assault, agg sexual assault or continuous sexual abuse of child

Back 96

warrant shall identify the child and command any peace officer of the proper county to search for and cause child to be photographed

Front 97

18.021 Search Warrant to Photograph Injured Child:

Can the officer be the opposite sex to photograph the child?

Back 97

NO, unless assisted by a person of the same sex

Front 98

18.021 Search Warrant to Photograph Injured Child:

Does the assisted person have to be the same sex as the victim if the officer is not the same sex as the victim?

Back 98

YES. Either the officer or the person assisting must be the same sex as the victim.

Front 99

18.03 Search Warrant May Order Arrest

...the search warrant ____, in addition, order the arrest of such person

Back 99

MAY

Front 100

18.04 Contents of Warrant:

1. Run in the name of ____________
2. Identify, ____________, that is which to be seized and name or describe, __________, the person, place or thing to be searched;
3. command any peace officer of the ________ to search the named thing or person
4. be dated and signed by the magistrate

Back 100

18.04 Contents of Warrant:

1. Run in the name of THE STATE OF TEXAS
2. Identify, AS NEAR AS MAY BE, that is which to be seized and name or describe, AS NEAR AS MAY BE, the person, place or thing to be searched;
3. command any peace officer of the PROPER COUNTY to search the named thing or person
4. be dated and signed by the magistrate

Front 101

A search warrant issued under 5A, Article 18.21 must be executed not later than the _____ day after the date of issuance.

Back 101

11th day

Front 102

18.06 Execution of Warrants:

Officer shall _________ endorse his name on the inventory and leave it with the:

A. Owner
B. Person present in possession of place
C. leave at scene if no one is present
D. All of the above

Back 102

Legibly, All of the above

Front 103

18.07 Days Allowed for Warrant to Run

15 whole days if warrant issued solely for:

Back 103

DNA

(exclusive of the day of its issuance and of the day of its execution)

Front 104

18.07 Days Allowed for Warrant to Run

10 whole days if warrant issued solely for:

Back 104

Section 5A, Article 18.21

(exclusive of the day of its issuance and of the day of its execution)

Front 105

18.07 Days Allowed for Warrant to Run

3 whole days if warrant issued solely for:

Back 105

for a purpose other than DNA or Section 5A, Article 18.21

(exclusive of the day of its issuance and of the day of its execution)

Front 106

A warrant to search for and seize data from electronic device is considered to have been executed within the time allowed under Subsection (a) if:

Back 106

the device was seized before the expiration of the time allowed.

Front 107

What is the total number of days that may be used to execute a DNA search warrant?

A. 15 days
B. 16 days
C. 17 days
D. 18 days

Back 107

What is the total number of days that may be used to execute a DNA search warrant?

C. 17 days

Front 108

What is the total number of days that may be used to execute a warrant under 5A, Article 18.21?

A. 10 days
B. 11 days
C. 12 days
D. 13 days

Back 108

What is the total number of days that may be used to execute a warrant under 5A, Article 18.21?

C. 12 days

Front 109

18.08 Power of Officer Executing Warrant

An officer executing a search warrant may:

Back 109

Call to his aid any number of citizens in this county, who shall be bound to aid in the execution of the same

Front 110

18.09 Shall Seize Accused and Property

When the property is found, he ______ take possession of the same and carry it before the magistrate

Back 110

SHALL

Front 111

18.10 How Return Made

Property seized pursuant to a warrant may not be removed unless without ________ approving the removal, issued by a magistrate ________________.

Back 111

an order, in the county in which the warrant was issued

Front 112

Can property seized pursuant to a warrant be removed from the county to a scientific laboratory without a magistrate's order of removal?

Back 112

YES

Front 113

18.16 Preventing Consequences of Theft:

_______ has the right to prevent the consequences of theft by ________ any personal property that has been stolen and ___________, with ___________, if that person can be taken, ______________ for examination or delivering the property and suspect to a peace officer for that purpose.

Back 113

any person, seizing, bringing it, the person suspected, before a magistrate

Front 114

To justify a seizure under 18.16, there must be _____________ to believe the ____________, and the seizure must be made ________ and the proceedings held ___________.

Back 114

reasonable ground, property is stolen, openly, without delay

Front 115

According to 18.22, the person performing the procedure or test shall make the test results available to _____________ and the _______________ shall notify the peace officer of the test result.

Back 115

Local Health Authority, Local Health Authority