Code of Criminal Procedure CH. 18/ 49 / 62

What is a "Search Warrant"?
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Terms in this set (47)
What is a "Search Warrant"?
- written order, issued by a magistrate...
- 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
Can a peace officer seize the personal writings of the accused?
No
When can you seal an affidavit?
- Felonies
-By a District or Appellate judge
-Compelling state interest that:
public disclosure of the affidavit would:
ā€¢ jeopardize the safety of a victim, witness, or confidential informant
ā€¢ cause the destruction of evidence; or
- information obtained from a court-ordered wiretap that has not expired yet.
Seal expires after ___ day after execution
31st
What kind of extension can a Seal get?
One 30 day extension then must be unsealed
What SHALL a warrant include for a warrant to photograph injured child?
- Identity of child to be located/photographed
- Name & describe place/thing to be searched
- Command PO of county to search for & photograph child
Whats the purpose of warrants for fire, health, & code inspections?
to allow for the inspection of any specified premises to determine the presence of a fire or health hazard or unsafe building condition or a violation of any fire, health, or building regulation, statute, or ordinance.
Execution of Warrants:
SHALL execute the warrant _____ _____and _______ return the warrant to the proper magistrate.
Without delay and forthwith
Search Warrant must be executed within ____ days from the time of its issuance.... shorter period if directed by magistrate.
3 days
What is the period of days to run a DNA warrant?
15 days
What is the period of days to run a wire or electronic communication held in electronic storage warrant?10 daysWhat is the period of days to run any other warrant besides DNA and Wire?3 daysHow many citizens can a officer call to his aid during an execution of a search warrant?Any numberWhat happens when the peace officer finds property directed in the search warrant?He shall take possession of the same and carry it before the magistrate. He shall also arrest any person whom he is directed to arrest by the warrant and immediately take such person before the magistrate.Are peace officers supposed to seize a gambling device or the chip inside? (Gambling device is used as an example)The officer can seize the gambling device but not necessary. the chip inside the device is necessary.Not later than _____ whole days after executing a search warrant, the officer shall return the search warrant3 whole daysWhat happens if a offender refuses to voluntarily submit a communicable disease test?The court shall require them to.What is an "Autopsy"?post mortem 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 the death.What is a "Inquest"?an investigation into the cause and circumstances of the death of a person, and a determination, made with or without a formal court hearing, as to whether the death was caused by an unlawful act or omission.What is a "Inquest hearing"?a formal court hearing held to determine whether the death of a person was caused by an unlawful act or omission and, if the death was caused by an unlawful act or omission, to obtain evidence to form the basis of a criminal prosecution.What is a(n) "Institution"?means any place where health care services are rendered, including a hospital, clinic, health facility, nursing home, extended- care facility, out-patient facility, foster-care facility, and retirement home.What does Ch.49 (Inquest upon dead bodies) applicable to?If it occurs in a county that does not have a medical examiner's officeThe JP SHALL conduct an inquest into a death of a person who dies in the county if:1. Dies in prison or jail 2. Dies an unnatural death from a cause other than a legal execution 3. The body or a body part of a person is found, the cause or circumstances of death are unknown, and: - The person is identified; or - The person is unidentified 4. The circumstances of the death may have been caused by unlawful means 5. The person commits suicide or the circumstances of the death indicate suicide 6. The person dies without having been attended by a physician; 7. The person dies while attended by a physician who is unable to certify the cause of death and who requests the justice of the peace to conduct an inquest; or 8. a child younger than six years of ageIf an attending physician is unable to certify the cause of death he SHALL notify the _____?Justice of the PeaceIf a person dies in hospital or other institution and the physician can't certify cause then the Superintendent or GM SHALL notify the _____?Justice of the PeaceJP investigating death of unidentified body with unknown cause of death SHALL report the death to the missing children and missing persons information clearinghouse of DPS and the NCIC not later than the _____ working day after the date the investigation began10thWhen can a JP direct removal of the body from a scene?Only after: - an LE agency is notified of the death and a peace officer has conducted an investigation or - reasonable amount of time has elapsed from LE notificationWhat is the fine for a civilian to move a dead body?Punishable fine not to exceed $500 (Class C Misd.)What is the offense if a person intentionally or knowingly hinders the entrance of a JP to a premises where a death has occurred?Class B Misd.Where do you go if the JP of your precinct is unavailable?Nearest JP in county availableWhere do you go if the second JP in a surrounding precincts unavailable?Go to County judge (no later than 5 days)Where do you go if no JP or Co. Judge is available?JP of another county may be notified (no later than the 5th day transfer all info to JP of precinct)A JP SHALL preserve all tangible evidence that they accumulate through their inquest that tends to show the real cause of death or the identity of the person who caused death is required to:- deposit the evidence with the appropriate law enforcement agency to be stored in the agency's property room for safekeeping - deliver the evidence to the district clerk for safekeeping subject to the order of the courtHow long can a Director of LE agency file a written report of the cause of death with the attorney general?The 30th dayJP may issue a warrant for the arrest of a person suspected of causing a death if:1. has knowledge that the person caused the death of the deceased 2. receives an affidavit stating that the person caused the death 3. evidence is adduced at an inquest hearing that shows probable cause to believe the person caused the death.Can another magistrate's warrant remove a person under custody of an arresting police officer?No, they SHALL remain in custody of the arresting police officerInvestigator SHALL submit report to JP no later than ___ hours after completion of investigation8When a death is reported to a LE agency; that LE agency shall immediately transmitted to who?The office of the medical examinerA person investigating an unidentified death(s) shall report it to the missing children and missing persons info. clearinghouse of DPS and NCIC no later than the ________ working day after the investigation began.10thWhen can a body be disturbed or removed by someone without proper authority?If on a highway, railroad or airport. (to prevent loss to destruction)When the commissioners court of any county shall establish the office of _______ ________, all powers and duties of justices of the peace shall be vested to the office of the _______ ________Medical examinerWhat is the term "Released"?discharged, paroled, placed in a non secure community program for juvenile offenders, or placed on juvenile probation, community supervision, or mandatory supervision.What is "Reportable conviction or adjudication"?a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for an adjudicationHow much time can a Sex offender stay in one area before having to register a new location?7 daysNot later than the ____ day after a sex offender's registering, the local LE authority SHALL send a copy to DPSthirdNot later than the _______ day after the date on which the person is released, a person for whom registration is completed under this chapter shall report to the applicable local law enforcement authority to verify the information...seventhWhats the offense of a person commits an offense if the person, after commitment as a sexually violent predator but before the person is released from all requirements of the civil commitment process, fails to comply with any requirement of this chapter.2nd degree felony