351 terms

Criminal procedure,Ncic

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NCIC
National crime information center
TCIC
Texas crime information center
NLETS
International justice and public safety network
TLETS
Texas law enforcement telecommunications system
Local law enforcement agencies
Responsible for entering into the system
Who enforces policy and procedure within the state of texas
CSA TxDPS
Active records
11.7 million
Files
21
2011 NCIC TRANSACTIONS
7.9 million per day
Goal of NCIC I'd to help the criminal justice community perform it's duties by providing and maintaining a computerized filing system of
Accurate and timely documented criminal justice information
Finger print checks
Done in 30 days
Permanent disqualifiers
All Felonies
Family violence
Misdemeanor A
10 year disqualifyiers
Class B misdemeanor
Temporary felony warrants are automatically removed after
48 hrs
Law enforcement and criminal justice sensitive facilities and restricted/ controlled areas shall be
Prominently posted and separated from non sensitive facilities and non restricted/ controlled areas by physical barriers that restrict unauthorized access
Data from TLETS AND NETS may only be disseminated
To authorized criminal justice agencies
Agencies lacking support for a second party check should require the officer assigned to the case to check the record for accuracy
Second

Officer
Gun
EG
Vehicle
ZV
QV
Stolen security
MS
Vin searches are based on the last 8 characters of the vin
Last 8 numbers
Embeded
Alphabetic characters in a serial number are
NOT considered for matching purposes
Querying the wanted person file
Will cross search many files
Child safety checks
DFPS locate a family for the purpose of investigating a report of child abuse or neglect
Child abuse

Neglect
Family violence report
24 hrs
Boat registration
Can be found online
CHL is not a conformable file
True
A hit on NCIC or TCIC
Does not alone constitute probable cause

It gives you grounds to

Arrest a wanted person
Detain a missing person
Seize stole property
Charge a subject with violating a protective order
An entering agency must furnish a
Substantive response
U EQUALS URGENT
10 min
R equals
Routine
Hit must be confirmed by entering agency withing 1 hr
Agency must be able to confirm or verify there records 24 hrs per day
True
24 hrs
After confirming a hit
A locate must be placed on the record by an agency who has fulfilled the following

Taking a person into custody
I'd of missing person
Recovered stolen property
Uses of special technique to get information from NCIC TCIC which can not be obtained with an online inquiry
Partial numeric identifiers
Manual name checks
Personal descriptors
Vehicle makes and models
Hits on NCIC TCIC alone
Is not probable cause to arrest or detain an individual for seize or stole property
R equals
Routine
Agencies are not required to extradite
Warrants across the US
OFF LINE SEARCHES GO BACK
10 years
Stores criminal histories
CRIME RECORDS SERVICE (CRS )
AT DPS
J equals
Applicants for employment
Employee evaluations
Family members
Not authorized to receive criminal histories
Private investigators
DA
military recruiters
News media
Private citizens
411.085
Provides for unathorized obtaining use of CRS
CRIMINAL RECORDS SERVICE

violation class B
If under renumeration is a felony 2
Any unathorized use of obtaining or disclosure
Penelties against person and the agency
Ultimate sanction
Removal of the
Offending terminals
Criminal histories can be sent to
Pagers
Phones
Purchase copies of criminal history where
DPS
CRS
two recognized ways to destroy CHRI
shredding
Burning
Computerized criminal history files
CCH
NCIC III
INDIVIDUAL STATE RESPOSITORY
How many states participate in NCIC III
50
Writ of habeas corpus
Shall never be suspended
In a capital felony case
The attorney notify the court and the defendant that it will not go after the death penelty.

The defendant may waive the right to a trial by jury but only if the attone representing the state in writing and in open court consents to the waiver
Magistrates
Judge of county court
Mayor of municipal court
Justice of the peace
See tors and representatives shall except in cases of
Breach of peace
Treason
Felony

Be privileged from arrest during the session of the legislature
The procedings and trials in all courts shall be
Public
It is the duty of every
Peace officer and magistrate to preserve the peace within his jurisdiction by the use of


All lawful means
Sexual abuse
Physical abuse
Of a child
Peace officer SHALL
accompany the department investigator to respond to the report ASAP
24 hrs
Racial profiling
RENO
LEIA☆☆☆
law enforcement initiated acition
Peace officers
All but federal
Dps
Can appoint 250 rail road police to be employed at the railroad company
Railroad police responsible for
Aid in law enforcement in protection of railroad property
Protection of persons and property of railroad passengers and employees
Sexual violent predator
If this person as a sexual violent predator before being released from all requirements of the CIVIL commitment fails to comply ===
Felony 2
Failure to comply with
Registration requirments
Sexual offenders

SJF if his duty expires
F3 if he fails to register and is suppose to register once a year
F2 if he fails to register once each 90 days
Fails to Register

SJF
F3
F2
SJF Expires
F3 1 year
F2 90 days
Sex offender commits or tries to commit another offense
Next higher charge
If registered sex offender uses fraudulently used identification information
Next higher charge
Released
Discharged
Paroled
Placed in a
Nonsecure community program for juvenile offenders,
Juvenile probation,
Community supervision
Mandatory suprrvision
Reportable conviction or adjudication
Adjudicated of delinquent conduct or deferred adjudication
That regardless of the pendency of an appeal is a conviction for or an adjudication for or based
Sex
Prostitution
Kidnapping
Burglary
Unlawful restraint
Sexual violent offense
Committed by
Age of offender
Committed by
A person 17 years of age or older
So 17 and up
A person shall register when living somewhere by what day with local law enforcement
7th day
Medical examiner
ME Or his deputy
Can hold inquest with or without a jury in his county
When with or without a jury can an ME OR DEPUTY hold inquest
1. Person dies 24 hrs after admission to hospital, prison, or jail
2. When a person is KILLED or unnatural causes without a witness
3. When a body or body part is found
Unknown death
ID or no ID
4. unlawful means of death
5. Suicide
6. Death without physician
7.child un 6 so 5 or younger
8. At a home
Superintendant, or GM someone dies
The ME OF that county will do the inquest
In the county of the death
Absence of next of kin
ME or ME DEPUTY
Shall take charge of body and all property found with it
Any peace officer
Superintendent
GM
Shall report a death to ME OR
CITY OR
COUNTY POLICE
THIS shall be reported to DPS/MISSING PERSONS BY

The 10th working day of initial investigation
Transfer of duties
Commissioners court
Appoints Medical Examiner in a county to take responsibility from justice of the peace
Removal of body
Shall not disturb or move the body except
For the purpose of
Preserving the body
From
Loss or destruction
Or maintaining the flow of
Traffic. Highway
Airport
Railroad
A person commits an offense if the person violates this artcle
Of the ME
Class B
Office of death investigator
Commissioner court of a county
Establishes a office of death investigator
Can have 1 or more
Investigators
Death investigators of the county
Get paid by the county
For Conduct inquests
Death investigators must have experience in
Training in investigating procedures,
Manner,
And cause of the death
Deat investigators do what
Investigate
Time
Place
Manner of death
And lock and seal the premises
Death investigators report of
Time
Place
Manner of death
And lock and seal the area turned into JUSTICE OF THE PEACE
Within 8hrs after death investigation
Warrant of arrest
JUSTICE OF THE PEACE ISSUES A WARRANT FOR::
1. PERSON WHO CAUSED THE DEAT
2. JUSTICE RECEIVES AFFIDAVIT OF PERSON WHO CAUSED THE DEATH
3. Probable cause of who caused the death
Peace officer who gets the warrant from justice of the peace
1. Execute the warrant without delay
2. Detain the person in question until JUSTICE OF THE PEACE RELEASES
Peace officer under this warrant arreats this person
May not be removed from this peace officers custody on another magistrates warrant.....
But if he has not been arrested he can be under another magistrates warrant while inquest is going on.
Death in custody
Penal institution
Death in penal institution

Sheriff must tell JUSTICE OF THE PEACE
As soon as practicable
Death in custody of police officer
Or
Use of force death
Or in jail 24 hrs later
Investigate the death
File a written report
Of the cause
With the
ATTORNEY GENERAL NO LATER THAN the 30th day from the death.
Death in custody of penal institution
Or in peace officers custody
Neither apply to
Texas department of criminal justice
Death in custody
Penal institution==
Sheriff to JP
Practicable time

Peace officer==
Attorney general
By 30th day
In the custody of a peace officer
1. Under arrest by peace officer
2. Under the physical control or restraint of a police officer
Evidence
JP will perseve tangible evidence in the coarse of an inquest.

This evidence shows cause of death and identify the person.
JUSTICE OF THE PEACE SHALL WITH EVIDENCE
1. Deposit the evidence in a storage at LE PROPERTY ROOM
2. With clerk at the court bc of the order
Both for safekeeping

So:
1.Storage at LE agency
2. Clerk bc of court order
Notification of investigating official
Person or peace officer that has body or body part shall notify the Justice of the peace in that county where the body or part was found
OK notification of investigating official
Jp But no Jp now what
OK persons notify JP
NO JP
GO TO ANOTHER JP
OK STILL NO JP
GO TO COUNTY JUDGE
JUDGE BY THE 5TH DAY MUST TURN ALL OVER TO JP
If not CLASS C
This is all in the county the body was found
Hindering an inquest
Intentionally and knowingly interferes with an inquest
By hindering the entrance of the JUSTICE OF THE PEACE
in a death
==
Class B
Block the entrance B for block
Time and place inquest
Removal of property and body from place of death
Only to preserve from loss or destruction
Or blocking traffic
Air, highway, railroad
Time and place inquest
LE must start inquest ASAP practicable
Can't move body without permission from JP
PERSON MAY NOT TAMPER WITH OR MOVE PHYSICAL SURROUNDINGS
OR
fine not to exceed $500.00
Death requiring inquest
JP can conduct inquest
If
Person dies in prison
Unnatural causes
Body or body part unknown
ID or NO I'D
unlawful means
Suicide
No tending physician
No witness
Age younger than 6=5
Death must be reported to missing children DPS by the 10th working day
Applicability
JP
JUSTICE OF THE PEACE
MEDICAL EXAMINER
DEPUTY OF ME
COUNTY JUDGE BUT TURNED OVER BY 5TH DAY or class C
Inquest
Investigation into the CAUSE of death and CIRCUMSTANCES
Of death
With or without court hearing or jury.
Autopsy
Post motem
Exam, xray,dissection.
For cause and pathology of death
Inquest hearing
Formal hearing in death to see if was unlawful to obtain evidence to form the basis of a criminal prosecution
Crime victims rights
Victim
Guardian
Or family has rights
Crime victims rights on bail

Safety of family
The right to have the magistrate take the safety of the family into consideration as an element in fixing the amount of bail
Rights of victim
Victim
Guardian
Family
The right from the peace officer the proceedings of the case and
Bail
And by the district attorneys office
About guilty plea
Negotiations
Arrangements
Restitution
And appeals and parole
EPO for where

C
G
C
P
Communicating-threats or harass
Comitting other family violence
Going to or near
Possession of a firearm- unless peace officer PO
Magistrates
EPO
Why?

Serious bodily injury
Or deadly weapon
Of an assult
Family violence
For
Victim
Guardian
Attorney
Peach officer

V GAP
Further detention of certain person
Family violence case
If man is released and there is probable cause it will happen again.
He can be held for no more than 4 hrs if bond is made

It can be extended not to exceed 48 hrs
In writing to custody person

If magistrate believes violence will happen again
And
In 24 hrs probable cause says it will be an instant offense and has happened in 10 years more than once or with a deadly weapon
Accused liberated
Has given required bond. He shall be liberated

Before he's liberated
If family violence, assult, stalking, kidnapping.....
LE will make a reasonable attempt to let the victim know.
By last knownight telephone number, or address.
LAW ENFORCEMENT OFFICER OR AGENCY IS NOT RESPONSIBLE FOR CIVIL OR CRIMINAL DAMAGES
Or Failing to comply
Who makes bail bond amounts
Magistrate
May take bail in felony
Court is not in session
A peace officer
Jailer
Sheriff
Who has defendant in custody may take bail
Which was fixed by magistrate if not fixed than a reasonable amount.
Denial of bail court order / family violance
Violation of bond in family violence
Judge determines preponderance of evidence from violating bond
Revokes bail and brings back into custody for the safety of victim and community.
Denial of bail where child is alleged victim
Committed against a child younger than 14 = 13 or younger

Defendant violates conditions od bond
Bail Is revoked person taken into custody and denied release
Judge/ magistrate determinus proponderance of evidence violated safety of victim and community.
If he violated bon
He is immediately brought back into custody.
Discharges any future liablities.
Deny release on bail
Order or condition of bond
Nature of the circumstances
Relationship and history of victim
Criminal history past
Does he pose a imminent threat to family violence
Rules of fixing bail
Governed by CONSTITUTION
Bail is regulated by court
Magistrate
Judge
Or officer PO, sheriff, jailer.
BAIL
1. Sufficently high for reasonable assurance
2. Not to be used for oppression
3. NATURE OF OFFENSE AND CIRCUMSTANCES
4. Ability to make bail is regarded
5. Future safety of the victim and community
Release on bond
Aresssted without warrant hospital or facilty
Clock starts when the facility release the arrested and not until the release
Release on bond
Arrested without warrant
Misdemeanor
$5000. 24hrs

Felony
$10,000. 48hrs

Unable to obtain surety the person must be released on personal bond

Attorney may submit an application for Magistrate to postpone release of a person for 72 hrs in writing with reason.
Bail
Security given by accused that he will appear and answer.
Includes bail bond
And personal bond
Issuance of a subpoena
Summons a witness to testify in a criminal action
Supoena
Who's in it
Must be a
Peace officer
18 yrs or older
Supoena
What's in it
Day
Before examining court
Coroner's inquest
Before grand jury
Habeous corpus
Required testimony
Who can sign the supoena
Court clerk who issues the supoena can sign it, need not be under seal.
The issue date will be on it.
Supoena of a child
Must report or contempt
Guardian or parent of a 17 or younger or under 18
Can order a writ of attachment for the child.

If in juvenile hall
A bench warrant or attachment will be issued
Peace officer or probation officer will be issued to bring and take back when complete
No parent and juvi
16
17
Under 17 (16)
Be held in juvinile detention facility
For up to 30 days
And it's in incriments of 30 days

17 or older put in without bond in a County facility with adults
Service and return of supoena
How can they be served
Reading
Electronic submission
(Email)
Mail
Deliver
Refusing to obey
Supoena
Supoena not to exceed

Misdemeanor $100.00
Felony. $500.00
Two reason you can't deliver
1. Applicant of supoeana request in writing not to mail

2. The case is set to try 7 business days before the supoeana
If supoeana is not served
Officer has to show in his return the cause of his failure to serve.
He has to do due diligence to serve.
The person being supoeanad has to acknowledge.
Mail
Email
Electronic reply
Supoeana duce tecum
Witness has any possession of instruments of writing or other items desired for evidence
Bring with him to court.
Capias

Attested officially
Judge says (or a clerk direction from the judge)

To a police officer
To (capture) arrest
A person accused of an offense. Bring him to court immediately on the day of the writ
Capias requisites
So you have a PO
go arreat someone on a capias (capture)

Name or description
Penal Offense
Name of the court
Date
ATTESTED OFFICIALLY
Joiner of offenses
2 or more offenses
May be joined in a single
Indictment, information, or complaint.

So a count may be many separate paragraphs charging same offense

BUT

no paragraph may charge more than one offense.
Information based on complaint

Affidavit than information and file together
No information (written statement filed and presented by DA or county attorney charging the defedant) shall be presented until affidavit ( sworn statement about an offense) has been made by some credible person charging the defendant with an offense.

Affidavit first
Than information
They can be filed together though.
Indictment
Written statement to grand jury
Accusing an offense
True bill 9/12
No bill under 9
But can try again if new evidence pops up.
Commitment
Order signed by magistrate for the sheriff to receive and place in jail a person so committed
Commitment parts
Run in the name of The State of Texas
Addressed to the sheriff
Plain language of offense
Name or description
What court
What time
No safe jail in the county
Bail amount
Poly graph
Peace officer or attorney representing the state can not require a poly graph
Must state that it's not required
And you may not be dismissed bc
You did not take the poly
Or
On the basis of the results of the poly
If person signs the paper saying he understands than its good
Requisite of complaint
What's in it
Name description
Offense
Time of offense
Place of offense
Signed by affiant
Complaint
Affidavit
Made before a magistrate or DA
Or county attorney

Charges the commission of an offense
Communicable disease
Spit blood......fluid
Must be checked
Undergo medical procedure or test
If person refuses
He will be made, ordered, required.

The state may not use the results of the procedure or test in any criminal proceeding arising out of the alleged offense
Who will get results
Involved parties
Health authority will notify the person of tesults
Custody of property found
Property seized by warrant shall be kept as provided by the order of magistrate
How a return is made
Returning a search warrant
On the back or attached how it was executed to the magistrate
With an inventory list
Of property taken
Magistrate will order where to put it
For safekeeping
The property must stay in the county
PO or department can send seized property where
The the lab for analysis
Seizure of circuit board in gambling eqyipment
Search warrant
PO can only seize

Main circuit board
Carry the circuit board to the magistrate
Retain custody of the circuit board in safekeeping
Until magistrates order
Seize accused property
SHALL carry all and any seized and search for property according to warrant to magistrate
Same as person
PO will arrest who's on the warrant and take them directly to magistrate
Seizure
Restraint of property
Either physical force or by officers authority
Collection of property
Power of officer executing the warrant
Officer is able to call to his aid
ANY NUMBER OF CITIZENS IN THE COUNTY
who SHALL BE BOUND TO AID IN THE EXECUTION
Days allowed for the warrant

The warrant will have the date and time on it for assurance
DNA
15 WHOLE DAYS

Pen register or electronics
10 whole days
No later than the eleventh
11th day

Normal warrant
3 whole days

The data can be analyzed post warrant for information
Execution of warrants
Without delay
And return to proper magistrate

Computers electronics no later than the 11th day
10 whole days

All others but DNA is 3 whole days with date and time to keep assurance
PO execution
SHALL present a copy
If owner not home present a copy to the person there

Make an inventory sheet
Sign it
And present a copy of inventory to owner or person in his sted

No one's home
Make inventory list
Sign it
And leave a copy at the place
Warrant for fire, health, code inspection

But it needs probable cause that something is unsafe
Can be present to
Fire marshal
Code inspector
Health officer
For health hazards
Building safety
Fire hazard
Unsafe building, fire, health

Warrant given out
By code enforcement official
Evidence of probable cause of unsafe
Age of.......
Previous violations....
Type of premises......
Use of premises....
Presence of hazards or unsafe......
Code inspector official
Fire
Health or hazard
Of unsafe building
Warrant parts
What's in it
The State of Texas
Seizure. Property
Person
Thing
To be searched
Commad to search
Dated and
Signed
Magistrates signature
Search warrant may order arrest
Probable cause that this person has committed an offense
The search warrant may order the arrest of a person
Warrant to search warrant to photograph a child
Victim of injury, sex,assult.......
Photographer hired by
LE will go with and work under the warrant
Hild will stay in the home
Film goes to magistrate
Warrant to take pictures
If male PO should be male
If not PO will be accompanied by (person male) under the direction of PO
Grounds for assurance
Search and seize what
Thefted property
Arms
munition
Weapons
Gambling devices
Obscene material
Drugs
Material prohibited from law
Instruments for crime
Writings with evidence of an offense that offense has taken place
Persons
Contraband subject to forfeiture
Electronics
Cell phones
In a warrant you CANNOT TAKE
PERSONAL WRITINGS
Selling an affidavit
Attorney may ask

District judge
Judge of appeallete
Court to seal a warrant

Judge may ask for affidavit to be sealed to establish compelling state interest
IF

public disclosure jeopardizes the safety of someone
Or
Wiretap
If warrant is sealed how long until it expires
31st day but if you need it you can get a 30 day extension
Search warrant
Written order
By magistrate to search or get
Thing item or person
Inclifing a photograph of a child
Warrant cannnnnnot be given unless
Sufficient facts are presented for probable cause
For assurance
Sworn affidavit first
Those are sworn facts than a warrant
Warrants are public or no
Yes and no
Yes and you can make a copy at clerks office
No if it's sealed
Can magistrate consider warrant by phone
Yes
So to except an application magistrate must
Place applicant under oath
If electronic
Than the recording has to be verbatim
Transcription is accurate
Signed for accuracy
Ensure exhibits are perserved
Modifying the search warrant
Magistrate only
Must transmit modification by reliable electronic means
File modifies and duplicate the original
If magistrate issues search warrant by electronic means
It must be
Signed
Date and time for assurance
Transmit the warrant by reliable means or be directed to sign the judges name
A search warrant must with sworn affidavit
Require
Suffiecent facts for probable cause:

An offense has been committed
That property or search constitute evidence of that offense or that that person committed that offense
That the property costituting the evidence are located at or on a particular person place or thing
Who can write a warrant
Judge of municipal court who is an attorney licensed in the state of texas
Judge of county court
County court judge
Judge of criminal appeals
Presiding judge
Justice of supreme court of Texas
Chief justice
Magistrate with jurisdiction
Cannot search and seize where
Office of a newspaper
News magazine
Television station
Radio station
Magistrate who is an attorney in the state of Texas and licensed
Issue a search warrant to collect blood form a person who is
Arrested
Refuses to submit blood or breath alcohol test DWI
Notifying the school
Arrest a child or to juvenile board
Orally notify superintendent where they are enrolled within 24 hrs
Or before the next school day

7 days from oral notification a letter must be sent to superintendent of the oral notification
Authority of arrest must be known
It is always be made known to the accused under what authority the arrest is being made
Do you need to have the warrant to arrest
No
I can be faxed to the jail
Tell the person you will get them a copy
As soon as possible
Let the defendant know it's been issued and you will get a copy or show him

That warrant and affidavit is public information unless sealed immediately of time and date assigned.
You can get a copy for a charge
May break door down
Felony case
For the purpose of making an arrest
If he be refused admittance after giving notice of his authority and purpose.
What force may be used
ALL REASONABLE MEANS
However
NO GREATER FORCE shall be resorted to than is necessary to secure the arrest
Arrested means
A person is put in restraint or taken into custody by an officer executing a warrant or by an officer without a warrant
How many days can go by if a person is arrested put in jail
And the county does not take charge of them or demand them
Before the 11th day after the date the person was arrested that person will be discharged

So on the 10th day
Before the 11th day
Duty of sheriff receiving notice
Has to bring the person in front of the court or magistrate
BEFORE THE 11TH DAY
So the 10th day
Notice of arrest
If person arrested fails or refuses bail
The person shall be committed to the jail of that county were he was arrested
Notice goes by
Mail
Email
Fax
If person is in jail taken to a magistrate of another county
For only 72 hrs and than they transfer that person to the county where he was arresred
72 hours if different county
Arrest out of county
Warrant in a county
Person arrested in a DIFFERENT COUNTY
will be taken to magistrate in the county where the arrest takes place or to make it more expiditious the magistrate in any other county of the state
Magistrate will if seen in County or out where the arrest happened or where the warrant is for
Take bail
Or
Fine only
Writren
Plea guilty or nolo set fine take fine
If out of county of warrant
Magistrate will advise to counsel
No later than 24 hours
But deal with the person before the 11th day so they don't have to let him go free.
If no jurisdiction
Magistrate will transmit to a court that has jurisdiction a
Written plea
Orders
Any fine or costs collected
An arrested person can be taken in front of a magistrate with jurisdiction via electronic broadcast
True
Duties of arresting officer and magistrate

Can be county of warrant
Can be county of arrest
Can be any magistrate in the state
Must with in 48 hours take a person in front of magistarte after arrest
If arrested you can in person or via telecommunications see a magistrate if they have jurisdiction
True to make it expiditious

He will be told about his rights
What's the time frame to get someone an attorney
24 hrs after request
When arrested meet with magistrate a video recording is made
Perseverance recording for

Date until pretrial ends

91st day after recording is made

120th day if charged with a felony
If accused fails to appear in court magistrate will issue a warrant
If arrested and brought be for court
Will increase the bail to double the amount
Unlawful arrest
Equals release from. Custody
If lawful than the person is a fugitive
Warrant issued by another magistrate
Mayor issues a warrant only in the county he is in period

If endorsed by a judge
It can be executed anywhere in the state
If by a magistrate it can be in a specific county which is specified
Mayor warrant
Judge = anywhere in the state

Magistrate any county but specified
Warrant extends to every part of the state
County
Clerk
Or magistrate shall extend to any part of the state
ANY COUNTY OF THE STATE
Magistrate issuing warrant summons
Verbal arrest by law
Oath before magistrate
Summons is
Summons a defendant to appear on a date or time and place

Left with him or at his residence
Left with other residence
Mailing it to last known address
If a defendant does or fails to show for summons
A warrant will be made for arrest
In person or electronic telecommunications
Yes for a summons
Recording made
And preserved until defendant is a quitted of offense
All appeals have been exhausted
Recording can be purchased
Yes by defendant
What's in a warrant
The state of Texas
Name
Description
Accused offense
Signature by magistrate
And office named
Warrant
Written order from magistrate
Directing a PO
COMMANDING HIM TO TAKE THE BODY OF A PERSON OF AN OFFENSE IN FRONT OF SOMEONE TO BE DEALT WITH
Must take offender before magistrate
Within 48 hrs
In front of the magistrate in any county to make it expiditious
Class c misdemeanor
Adult or child
Gets a time place date where to show up instead of taking them right then instead of taking them to a magistrate
Class b or a
Citation of when and where to show up
Time place date
instead of taking them right then to a magistrate
Arrest by PO from other jurisdiction
Felonies in fresh pursuit
May continue without unreasonable delay
Into another jurisdiction of state
Rights of officer
Warrant or no warrant
Entering a residence
May enter a residence
If:

If under AND WITH WARRANT the person is justified in all measures

PO WITHOUT A WARRANT if person gives consent t enter
Or
Exigent circumstances
When a felony has been committed

Satisfactory proof
Credible person===

Victim
Witness........
Shown by
SATISFACTORY PROOF
by a credible person a felony has been committed
And offender is escaping
No time for a warrant
PO can pursue and arrest
Public intox
PO can make a judgement call to release a person
Into someone else's care of family, friend, responsible person
An adult who takes on the responsibility of the PI person
Or
Verbally consents to voluntary dependency program
Magistrate can release someone
Who is not a child meets the conditions required for release
Is a PO responsible for damages to persons or property
Actions of an persons release
Not civilly
Or
Not criminally
Authority of PO to arrest
...
Within view of magistrate
In view of magistrate he may and can command you
(Verbally) to arrest someone for a felony or breach of peace he saw
Without warrant
Offense within view
PO
Without a warrant can arrest someone in the presence or in view of the PO
FELONY OR BREACH OF PEACE
Misdemeanors
A B C
Limitation period
Class C B A
2 years from offense
Criminal attempt
Criminal conspiracy
Criminal solicitation
Aggravated claims
Organized crime
All same limitation as the primary offense
Or same as the most serious offense
Duration of protective order
If not indicated 2 yrs
Or second anniversary

Can be for life
Can be shorter if indicated
If person is incarcerated when OPP is sent out it is extended and starts for one year the day he gets out
Who can file for OOP
V victim 17 or older
Or under 18

G guardian
Younger than 17

A ttorney
P peace officer
Who can apply to recind the OOP
victim
17 yrs or older

Guardian of younger than 17 or under 18
Warnings and OOP
Including ex part

Violators of OOP===
contempt
Fine of $500
And 6 months in jail
In
Court can only change order OOP

Excluding ex part

$4000 FINE AND 1 YEAR IN PRISION
Meaning you were there given instructions not to violate
Condition specifies by orders OOP
So as to reduce the future of future harm to the victim or community
COMMUNICATE
GO near or to
Possess fire arm
Conduct- threaten, harass, annoy
Hearsay statement
Of a child younger than 14

They describe the offense committed it's admissible as evidence
Temporary ex parte
EPO
Assult
Sex
Kidnapping
Traffick
Abuse
Stalking
No need to have both there
One sided OOP
clear and present danger
Without a hearing

500 fine 6 months in jail
Application for protective order
Victime
Guardian for younger than 17 (trafficking)
Guardian for younger
Than 18 (assult, family violence)
Attorney
Peach officer
Where do you file the OOP
1. DISTRICT COURT
2. JUVENILE COURT
3. STATITORY COURT
4. COURT WHERE THE OFFENDER LIVES JURISDICTION
5. COUNTY WHERE IT HAPPENED
Means adopted to supress
Riot suppression

NECESSARY TO SUPRESS RIOT

BUT
ARE NOT AUTHORIZED TO USE ANY GREATER FORCE THAN IS REQUISITE TO ACCOMPLISH THAT OBJECT
Unlawful assembly same as riot
Necessary to surpress riot or unlawful assembly
But
Not authorized to use any greaterm force than is required to accomplish that object
Powers of special constible
During the time they are appointed
Exercise the powers and perform the duties properly belonging to Peace officers PO
Racial profiling
LEIA
RENO
Criminal jurisdiction
Court of criminal appeal
Court of appeals
District courts
Criminal district courts

Certain county magistrates
County courts
County courts with criminal jurisdiction
County criminal courts

Justice courts
Municipal courts
Court of appeals
Criminal cases
Except:
Have appeallet jurisdiction in criminal cases

BUT NO DEATH PENELTY CASES
Court of criminal appeals
Writs of habeas corpus
Mandamus
Procedendo
Prohibition
Certiorari

FINAL APPEAL COURT

THIS IS DEATH PENELTY COURT.........

THE DECISION OF THE COURT OF CRIMINAL APPEALS IS
NOT A MATTER OF RIGHT BUT OF SOUND JUDICIAL DISCRETION
District courts
Jurisdiction
Criminal
Felony
Misdemeanors transfers
And misdemeanor of official misconduct
County courts
Original Misdemeanors
And original felony

Up to $500.00
Appealet jurisdiction
Of county courts
Appelate jurisdiction of in criminal cases
From lower justice courts
Appeals from inferior courts
Get appeals from jurisdictions
Attorney representing state
Prosecutor in felony case in which forfeiture proceeding is held for forfeiture
Of contraband

City attorney of municipality with police officer in forfeiture and seizures
Contraband
Tangible
Real
Intangeble
Personal
Criminal violence
Penal code violence
Results in personal injury of a victim

Or

Not by penal code Operation of motor vehicle resulting in an injury or death by accident
Interest holder
Line holder of a perfected lien
Seizure
Restraint of property by PO
Restrains by physical force of display of officers authority
Forfeiture of contraband
Property that is contraband is subject to seizure and forfeiture
Not evidence
Seizure of contraband
Property under forfeiture May be seized under a warrant

Without warrant if
1. Knowling consents
Owner or operator
2. Is prior judgement of the state
3. Incident to lawful search or lawful arrest
If PO seizes property
An inventory of property, or schedule

Acknowledgement of seized property

List of reasons for seizure

No later than 72 to attorney representing the state
When seizing property PO MUST
Place property under seal
Remove and keep in custody of order of the court
Move it to proper location
A PO MAY NOT ENGAGE IN RACIAL PROFILING
Reno
LEIA
Law enforcement agency
Sate
County
Municipality
Political subdivision of the state
Employees peach officers
Who make motor vehicle stops
Race ethnicity
Descent
Policy for racial profiling
Prohibiting
Process to file complaint
Public education
Corrective action
Motor vehicle stop information
- detained race ethnicity
- searched
- did officer know race ethnicity
Annual reports from chief. IBD
Video Camara person and cars
IBD
Can not include prima faacie evidence of racial profiling
Not reporting data
Equals 1000 per incident and attorney general can sue
Motor vehicle stops
Detaining them
When detained for stop

Gender
Race
Ethnicity
Reason for stop.
Search or not consent
Contraband plain view or during search
Pc for search
Search due to towe
Arrest made
Street address location of stop
Written warning or citation
Liability
PO ARE NOT RESPONSIBLE FOR DAMAGES RELATING TO THE COLLECTION OF INFORMATION OR REPORING INFORMATION
Civil penelty
Intentionally Fails to turn
Or turns in false info
in IBD
Incident based data
1000 per violation
AG may sue
Officer may call aid
In order to disperse a riot or unlawful assembly an officer may call the power of the county
Dispersing a riot
7
Duty of every magistrate or PO
to cause such person to disperse
Commanding them to
Or arresting them

Without a warrant
Duty as to threats
Threats have been made to injury oneself
Or injure another person or property
It's the duty of the PO
TO PREVENT
The threatened injury
The PO
May call in aid for the prevention of the offense
The amount of force necessary to prevent the commission
Of the offense AND NO GREATER
To stop a threat of a person to commit injury to oneself
Or another
Or another's property
Prevent it by calling in aid to prevent it
Conduct of a PO

They must use all forces necessary to repel the aggression

BUT
AND NO GREATER
Preventing offenses
Within there view or presence
Protective order
Prohibiting offense caused by bias or prejudice

Family violence as well
If offense is seen to been done out of bias and prejudice

Protective order can be applied for.
Protective order
Family violence and bias and prejudice
Constible serves the protection order

Clerk forwards the order to DPS
Which will be entered no later then the 10th day after it was received to national data base
Stalking protection order
Court meets
Defendant appears
Files out
APPLICATION FOR A PROTECTIVE ORDER

FAMILY VIOLENCE
THEY WILL ORDER ONE IF

PROBABLE CAUSE THIS WILL HAPPEN AGAIN OR
SCHEME OF OF COARSE OF CONDUCT
Venue of protection order
County in where the offense occurred
Or
County it was ordered and issued
Reports and records
Reporting to family violence incident
Write a report
Family violence report
Includes
Name
Suspect and complainant
Date
Time
Location
Visible injuries
Description. Of incident
Starement of disposition
Is suspect in the armed forces crime duty
File violence call and report who do you call
DFPS
Foster home in TCIC
Report can be made orally or written
Within 24 hrs
If family violence and active military
Written notice to the staff judge advocate at joint force headquarters or the provost marshal
How to make sure protective order is valid
Shall accept a certified copy of an original or modified order as
Protective order is no good if
-Order contains a termination date
-
It's been more than one year after the order was issued
-
Clerk notifies PO order has been vacated
Standby assistance liabilty
Its the discretion of the PO
To stay with the victim of a family violence incident to protect them or the family to get there personal property or there child's

PO IS NOT CIVILLY OR CRIMINALLY LIABLE
Duties of a PO
In family violence cases the PO main job is to
1. protect the family
Potential victim
2. Enforce the laws of the state
3.enforce the protective order
4. Make lawful arrests of violators
Job of PO IN FAMILY VIOLENCE
make sure address and or call match the foster home

And
Advise any adult victim
Of all reasonable means to prevent further family violence
Written notice of shelters and legal rights and agencies
Family or household relationship does not create an exception to official duties


NO EXCEPTIONS
No exceptions and PO
OR AND MAGISTRATE CAN NOT WAIVE OR MAKE EXCEPTIONS DUE TO RELATIONSHIPS
Legislative statement
Family violence
Family violence is a serious danger and threat to society
Victims of family violence are ENTITLED to the maximum protection from harm or abuse or threat

HARM
ABUSE
THREAT
Report concerning assult or Terri stick offenses
Assult
Agg assult
Sexual assult
Agg Sexual assult
Terroristic threat
When investigating assults........
PO SHALL WRITE A REPORT
On assult case or call
Upon request

PO SHALL PROVIDE VICTIM WITH COPY OF REPORT FOR NO CHARGE
Jurisdiction of municipal courts
Original Criminal cases
That arise in the municipality or city

Fines not to exceed $2000.00

$4000.00 dumping

$500.00 city ordinace
Municipal court
Deals with
Criminal up to $2000
1. Fire safety
2. Zoning
3. Public health
4. Sanitation
5. Dumping
6. Refuse

$4000 dumping

$500 city ordinances
Justice of the peace forfeit bond
Cam take forfeiture of all bonds for any party regardless of the amount
Justice jurisdiction
Original criminal cases

Fine penalty or sanctions
Justice jurisdiction
Original criminal cases
Fines only
Fines and or sanctions without prison time or incarceration
Justice court and municipality courts share
Concurrent jurisdiction
Report required for fraudulent use or possession
SHALL MAKE A WRITEN REPORT
Written report for fraud
Victim
Suspect if known
Type of ID information
Obtained
Possessed
Transfered
Used

Results of investigation
In the report PO WILL
REDACTED ANY CONFIDENTIAL INFORMATION
Duties regarding misuse identity
So if someone gets arrested and they use your name
The PO
WILL
-notify that person
- person may file with DPS
-person is entitled to expunction (expunge)
Info of them in criminal record

DPS should be informed misuse of information or ID

Actual identity of the person arrested

Was the agency Ablet to identify the person who git there identity stolen
Certain reports of alleged neglect
Abuse, exploitation

ANE
Nursing home
Shall investigate and write a report
Investigate alleging abuse
HIGHEST PRIORITY

JOINTLY WITH
DFPS ALERTED AND BROUGHT WITH to conduct an investigation

24 HRS
Deputy
Stands in the sted of the sheriff
Of all proceedings of criminal law
Custody of prisioner

He shall so guard
The accused as to prevent escape
Placed in jail by the sheriff
Except
When a defendant is committed for want of bail
Giving the person arrested reasonable time for bail
Conservator of the peace
EACH SHERIFF IS A CONSERVATOR IN HIS COUNTY SHALL ARREST ALL OFFENDERS AGAINST THE LAWS OF HIS STATE

IN HIS VIEW
HEARING
AND TAKE THEM IN FRONT OF THE courts
He shall quell

Sheriff
And suppress all

Assults
Batteries
Affrays
Insurrectiions
Unlawful assemblies
Sheriff conservator
Apprehend and commit to jail all offenders until examination or trial can be had
Neglect execussion
Of process
Sheriff or other officer
Shall refuse or fail from neglect to execute

Summons
Supoena
Attachment
Legal process

Fine of contempt
10 to 200 dollars

THESE ARE CIVIL CASES
Duties and powers
Duties of every police officer
To
PERSEVERANCE THE PEACE WITHIN THE OFFICERS JURISDICTION
Officers to preserve the peace in his jurisdiction
Interfere without warrant to prevent and supers crime

Execute all lawful process

Give notice to magistrates of offenses

Arrest offenders of unlawful acts without warrant and bring them in front of magistrate

Take possession of children (missing )
Sex..abuse...kidnap...
Who are magistrates
Judges
Supreme court
Court of appeals
District
Judges
Jp
Mayors
Recorders
Municipal judges
Duties of magistrates
Preserve the peace in there jurisdiction by the use of
ALL USEFUL MEANS

TO ISSUE ALL PROCESSES INTENDED TO AID IN PREVENTING
AND SUPRESSING CRIME

TO CAUSE THE ARREST OF OFFENDERS
BY USE OF LAWFUL MEANS
IN ORDER TO BRING THEM TO PUNISHMENT
Examining court
When the magistrate sits for the purpose of inquiring into a criminal accusation against any person
Who are peace officers
Everyone state level
Not federal
Railroad peace offitcers
DPS
can hire 250 RAILROAD PO
AID IN LAW ENFORCEMENT
PROTECT
RAILROAD PROPERTY
PERSONS
PROPERTY
PASSAGES AND THERE PROPERTY
Railroad PO can
Can make arrest
Prevent and abate an offense
Railroad officer can not
Issue traffic citations
And does not get benefits
How can you become a railroad PO
Submit application
To DPS
AND EXECUTIVE DIRECTOR OF TCOLE

Tcole gives you a certificate of authority to act as an railroad officer
They make sure you meet minimum standards and they issue you a license

You can have the certificate or license revoked and you can be fired as an employee of the railroad--which means you lose the certificate of authority
Neither the state or any political subdivision is responsible or liable
Of the act or omission of the railroad employee
Strike or labor dispute
Railroad PO can not do any other craft
Special investigators

FBI
SECRET SERVICE
US IMMIGRATION
CUSTOMES ENFORCEMENT
ALCOHOL FIREARMS
DEA
CIA
NAVAL CRIMINAL INVESTIGATORS
US MARSHALS
Treasury
SOCIAL SECURITY
DIPLOMATIC SECURITY
VETERAN AFFAIRS
INSPECTOR GENERAL
FEDERAL PROTECTIVE SERVICE
HOMELAND SECURITY
NATIONAL PARKS SERVICESPECIAL AGENT US SERVICE FOREST SERVICE
US NUCLEAR
Postal
SHALL NOT BE DEEMED AS PEACE OFFICERS

BUT HAVE THE POWER TO ARREST , SEARCH AND SEIZURE UNDER LAWS OF THE STATE
FELONY OFFENSES

Misdemeanor laws
And criminal offenses
Adjunct police officers

Private institutions
Have all

RIGHTS, PRIVILAGES, IMMUNITIES
Under 200000

50 PO

DEAL WITH GEOGRAPHICAL AREA

PRIVATE INSTITUTIONS

NO MORE THAN ONE MILE FROM PERIMETER

STUDENT AND EMPLOYEES INHABIT MOSTLY
Special rangers
DPS MAY APPOINT

50 PO
to investigate theft of live stock
PO OF ALABAMA COUSHATTA
Tribe is authorized to employ comission
PO TO ENFORCE LAWS WITHIN THERE BORDER

HOLD
POWERS PRIVILEGES
IMMUNITIES OF PO

CAN ARREST WITHOUT A WARRANT ANYONE WHO VIOLATES STATE LAW

MAY ENFORCE TRAFFIC LAWS
Coushfatta
Outside borders can only if commissioned by another law enforcement agency or assist have PO POWERS PRIVILEGES IMMUNITIES
Objects to this code
Adopt measures for preventing the commission of crime

Exclude all hope of escape

Insure trial with little delay

Bring each offer several to trial with evidence for conviction or acquittal

Impartial trial

Execution of sentence when declared
Code of criminal procedure
January 1 1966
Due coarse of law
No citizen of this state shall be deprived of

Life
Liberty
Property
Privileges
Immunities
Or in any manner disfranchised
EXCEPT BY DUE COARSE OF THE LAW
Rights of the accused
Accused will have a speedy trial by impartial jury.

Demand the nature of the accusations and have a copy of them

Not compel to give evidence against himself

Have the right to be heard by himself, counsel or both

Confront witness

Can obtain witnesses in his favor
No person shall be held to answer a felony unless
On indictment from Grand jury
Right to representative counsel
In private
With sufficient time
Indegent
Person who is not financially able to employ counsel
Indecent gets council
Based on population

3 working days
Less than 250,000

First working day
More than 250,000
If indecent person is not transfered or released to the county issuing the warrant before the 11th day
And no counsel appointed
They must appoint by 11th day
Preperation time with attorney is
10 days
If non indigent person does not secure counsel
At the 10 day notice it will proceed
A defendant may waive the right to counsel
Can waive the right to council all but capital felony cases
Murder case
States attorney can not
Initiate or encourage an get defendant to sign waiver for counsel
Or
Communicate with defendant who has requested counsel.
Search and seizure

No warrant with out describing them nor without probable cause supported by oath or affirmation
People SHALL have secure
Houses
Papers
Possession
Right to bail
All prisoners shall be bail able
Except capital offenses
Habeas corpous
Shall never be suspended
Cruelty forbidden
Excessive bail shall not be required
Nor excessive fine
Or cruel or unusal punishment
Jeapordy
No person for the same offense shall be tried twice

Or for the same offense after the verdict of not guilty
Aquitaine a bar
Second trial
Second prosecution
For the same offense

He was a quitted in a court without jurisdiction
And can be tried in a court with jurisdiction
Right to jury
Shall remain inviolate
Waiver of trial by jury
Capital felony
When they will seek the death penelty
Can not waive right TRIAL BY JURY

WAIVER MUST BE MADE IN PERSON IN WRITING AND ATTORNEY OF THE STATE HAS TO APPROVE

Open court
Waiver of indicmemt
For non capital felony
Represented by legal counsel

In Open court by
Writing instrument
Voluntarily waive the right to be accused by indicment
No person can be convicted of a felony
Except upon the verdict of a jury

With suffiecent evidence
Liberty of speech and press
Everyone has the liberty to speak write and publish
Religion
No person shall be disqualified to give evidence in any court based on religious beliefs

It does not allow or tolerate perjury
Outlawry
No citizen shall be outlawed or transported out of the state for any offense
Privilege of legislators
Treason
Breach of peace
Felony
While out of session

Go to and returning allowing
One day for every twenty (20) miles
They stay near the convention
Dignity of the state
Conservators of peace in the state
All judges
In all courts

Process of writ pocess
THE STATE OF TEXAS
All prosecutions shall carry
In the name and by the authority of the state of texas
Conclude with
Against the peace and dignity of the state
Public trial
Procedings and trials in all courts shall be

PUBLIC
Confronted by witness
Defendant upon trial shall be confronted with the witnesses

Except

Where depositions have been taken
Common law governs
...