115 terms

Code of Criminal Procedure- official misconduct

Police Academy Code of Criminal Procedure
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Which one of the following public officials is not a magistrate?
District Attorneys
If a peace officer refuses to execute a legal process directed to him or her by the court, he or she is liable for?
A fine of not less that $10 or more than $200
The state court with final appellate jurisdiction in death penalty cases is?
The Texas Court of Criminal Appeals
Appeals from county court are heard in the?
Court of Appeals
Misdemeanor cases to be tried in justice court must be filed?
In the precinct where the offense occured
Which of the following is correct concerning the limitation on prosecution of offnses?
Theft by public servant - ten years
A witmess may be committed to jail
When she or he deliberately falsifies an address
The security given bt the accused that he or she will appear and answer the charge before the proper court is called
Bail
Which one of the following is not compentent to testify in a criminal case?
A person who is insane
Which one og the following is not true about a dying declaration?
The declaration must come from the victim of a robbery
Which of the following courts is responsible for original jurisdiction in criminal cases of the grade of felony, misdemeanor cases involving officail misconduct, and those cases properly transferred from other courts of jurisdiction?
District Courts
Which of the following persons is charged with the responsiblity to conduct an inquest of an alleged suicide that occurred at a private residence?
Justice of the peace
Which of the following persons may not accept bail in a felony case?
A municipal police officer
Which of the following courts has original jurisdiction of all misdemeanor cases (other than those involving official misconduct) when the fine to be imposed exceeds $500?
County Courts
Which of the following is not a peace officer?
Private security officer commissioned by the Texas Board of Private Investigators and Private Secuity Agency
Which of the following is the highest texas criminal court?
Texas Court of Criminal Appeals
What od the following is the statute of limitation for burglary?
Five years
Which of the following does not have to be a licensed peace officer in order to execute the duties of his or her office?
A county sheriff
Which of the following formal accusations of guilt is used in misdemeanor actions?
Complaint
Whos signs an indictment accusing a person of a crime?
The foreman of the grand jury
Who of the following are peace officers in the state of Texas?
Apprehension specialists commissioned by the Texas Youth Commission in accorfance with the Human Resources Code, Officers commissioned by a public junior college, Stewards and judges employed by the Texas Racing Commission, officers commissioned by the Texas Board of Pharmacy
An inquest of a decreased person need not be held if the person....
Dies while attended by a physician and cause of death is known
In the Code of Criminal Procedure, which article deals with the peace officer's duty to prevent injury?
Article 6.06
Under Article 2.12, which one of the following is a legally designated peace officer?
Officer of a water-control district
To arrest an out-of-state fugitive, an officer must have?
Verification of the existence of the warrant
A commitment is a court order
To place an accused in jail
A municipal court subpoena is executed
The same as a justice court subpoena
Evidence seized unlawfully without a warrant by a peace officer is
Inadmissible in court
The amount of bail an accused is required to post depends on
The nature of the offense, the circumstances of the offense, the ability to make bail
Which article of the Code of Criminal Procedure provides an officer the authority to prevent the consquences of theft?
Article 18.16
The phrase "against the peace and dignity of the state"
Must appear on all writs and processes
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 one of the following is not an exception to the requirement for an arrest warrant?
Any offense reported by a credible citizen
Arrest warrants issued by a magistrate may be executed in any part of the state except
Warrants issued by mayors of incorporated cities
Warrants issued to photograph a child are
Search warrants
Which one of the following statements about search warrants is not true?
Search warrants must be executed within one week of issuance
The effect of a capias is the same as that of
An arrest warrant
If a person fails to appear as directed when summoned to testify by subpoena, he or she is subjected to
A fine of $500 in felony cases
As an officer, you ask a person to assist you in making an arrest. What penal code offense, if any, was committed if the person refuses your command?
No criminal offense
What action should the officer take when a person refuses to assist the officer in making an arrest?
Make a resport to the county or district attorney
It is the duty of a peace officer to
Preserve the peace in his or her jurisdiction, obey orders of a magistrate, protect property and prevent injury
Who is responsible to conduct inquest in criminal homicide cases?
Justice of Peace
Which court has original jurisdiction of felony offenses in the state of Texas?
District Court
Whenever a peace officer meets resistance in making an arrest or search, the officer may
Call upon as many citizens as necessary to aid in the arrest or search
Which of the following is not a magistrate?
District Attorney
Which of the following is not a peace officer of the state of Texas?
FBI agent
Which of the following is declared by law to be the conservator of the peace?
County Sheriff
Which of the following is a duty of every peace officer?
Preserve the peace, interfere without warrant to prevent or supress crime, execute all lawful process issued by a magistrate or court, give notice to some magistrate of all offeenses committed within his or her jurisdiction
Which if the highest appellate court in the state of Texas for criminal cases?
Texas Court of Criminal Appeals
Which is the highest appellate court in the state of Texas for civil cases?
Texas Supreme Court
Which court has original jurisdiction for class A and class B misdemeanor cases?
County Court
If a criminal case is tried in the justice court and the ruling of the court will be appealed, which court hears the appeal?
County Court
Which court(s) has (have) original jurisdiction for class C misdemeanors?
Justice of the Peace and Municipal Court
An investigation into the cause and circumstances of the death of a person with a determination as to whether the death was caused by an unlawful act or omission is called
An inquest
Which official is authorized under the Code of Criminal Procedure 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
A number of persons are assembled together in such a manner as to constitute a riot. Whos is charged by law with authority to cause such persons to disperse or by arresting the person (s) engaged, if necessary, with or without a warrant?
Any peace officer
What is the statute of limitations for "theft by a public servant of governmental property over which he or she exercises control in an official capacity?"
Ten years
What is the statue of limitations for teft, buglary, and arson?
Five years
Unless otherwise stated in the CCP, the statute of limitations for felony offenses is
Three years
The statute of limitations for misdemeanor offenses is
Two years
Which of the following is used to determine the amount of bail to be fixed for individual cases?
It shall be suffieciently high to give reasonable assurance that the undertaking will be complied with, the nature of the offense and the circumstances under which it was committed, proof of the ability to make bail, the future security of the victim and the community
Which of the following may take bail in a misdemeanor case?
Any peace officer
Which of the following may take bail in a felony case?
Any peace officer except a municipal peace officer
In a county that does not have a medical examiner's officer or that is not part of a medical examiner;s district, who is charged with the responsibility to conduct investigation of the cause of death when the cause is not readily known or ascertainable by a medical doctor?
The justice of the peace
A person who is charged in a death and arrested under a warrant of the justice of the peace
May not be removed from the officers custody on authority of a warrant from another magistrate
When a sheriff or other person holding an individual in jail or prison receives a/an ______, he or she must bring the detained person before the court and show just cause why the person is being held in custody
Writ of habeas Corpus
Which of the following is not a Texas peace officer?
Probation Officer
In accordance with CCP 49.18, who is responsible for conducting an investigation to determine the casue of death of a person while confined in a penal institution or while in the custody of a peace officer?
Sheriff, person in charge of the institution, and director of the law enforcement agency of which the officer is a member
Which of the following courts has jurisdiction over misdemeanor cases involving "official misconduct?"
District Court
A person commits suicide. Whos is charged under law to investigate the inquest when the incident occurred at a private residence?
Justice of the Peace
Who can prevent the consequences of theft?
Employees of department store, any civilian customer in the department store, the owner of the department store, a peace officer
A subpoena that directs a person to appear as a witness and order the individual to produce items of evidence in that person's custody is called a
Subpoena duces tecum
Which of the following is the highest appellate court?
U.S. Supreme Court
Which of the following courts has jusrisdiction for class A and class B misdemeanor-type offenses?
County court-at-law
Which of the following types of court orders directs a peace officer to appear in court as a witness?
Subpeona
Which of the following court orders is signed by a clerk of the court?
Capias
Holding a person for a limited time, but who is not as yet answerable to a criminal offense, is the definition of
Temporary detention
"An examination of a man's house or other building or premises, or of his person, with a view to the discovery of contraband or illicit or stolen property, or some evidence of guilt to be used in the persecution of a criminal action for some crime of offense with which he was chaged; a prying into hidden places for that which is concealed and it is not a search to observe that which is open to view" is Black's Law definition of
Search
The area generally considered to be that area of open space surrounding a dwelling that is not immediately adjacent to the dwelling that it is considered part od the house, is the definition of
Curtliage
The level of proof for a criminal conviction is called
Beyond a reasonable doubt
The level of proof in a civil hearing is called proof
By preponderance of evidence
The court that has first jurisdiction of a case is said to have _______ jurisdiction.
Original
The court that adjudicates cases involving imprisonment-felony, official misconduct (class A) and referred cases from county court- is the
District Court
The court of jurisdiction in cases involving jail (class A and B misdemeanors) as a punishment is the
County Courts
The court of jurisdiction in cases involving fine only (class C misdemeanor) is the
Both Justice of the peace and municipal courts
The death penalty requires an automatic appeal to the
Texas Court of Criminal Appeals
The affifavit made before the magistrate or the district or court attorney charging the commission of an offense is called
Complaint
The security given by the accused that he or she will appear and answer before the proper court the accusation brought against him or her is called
Bail
Which of the following is not a magistrate?
A district attorney
A person who is not a Texas peace officer is an
Alcohol, Tabacco, and Firearms agent
The highest appellate court for civil cases is the Texas
Supreme Court
Which of the following is not a peace officer in the state of Texas?
FBI agent
Which of the following is not a magistrate?
County Clerk
Accoding to the Code of Criminal Procedure, which of the following is NOT a magistrate?
District Attorney
According to the Code of Criminal Procedure, which of the following are NOT Texas peace officers?
Specail agents of Alcohol, Tobacco, and Firearms
According to the Code of Criminal Procedure, the Court of Criminal Appeals does NOT
Review decisions of civil cases
According to the Code of Criminal Procedure, the _______ courts 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
According to the Code of Criminal Procedure, a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shal advise any possible adult victim of all reasonable means to prevent further family violence, including ___________.
Giving written notice of a victim's legal rights
According to the Code of Criminal Procedure, which of the following is NOT a use of force option for dispersing a riot?
Use any degree of force
According to the Code of Criminal Procedure, an affidavit made before a magistrate charging the commission of an offense is called a/an
Complaint
According to the Code of Criminal Procedure, the security given by the accused that he will appear and answer before the proper court the accusation brought against him is known as ________.
Bail
According to the Code of Criminal Procedure, a written statement of a grand jury accusing a person of an offense is a/an
Indictment
According to the Code of Criminal Procedure, a person is arrested when the person has been
Taken into custody
According to the Code of Criminal Procedure, a written statement that is filed and presented on behalf of the State of Texas by a district attorney that charges a person with an offense that may be prosecuted according to law is called a/an
Information
According to the Code of Criminal Procedure, a peace officer from another state may pursue a fleeing person into Texas and arrest them there, if the person is suspected of committing a
Felony
According to the Code of Criminal Procedure, that time allowed for the execution of a search warrant shall be ___ whole days, exclusive of the day of issuance and the day of its execution
Three
According to the Code of Criminal Procedures, which court has jurisdiction over all felony cases?
District Court
According to the Code of Criminal Procedure, what is a writ issued by a court directing any peace officer in the state, commanding hime to arrest a person accused of an offense and bring him before that court immediately called?
Capias
According to the Code of Criminal Procedures, appeals from the Justice Court are heard by the _____ Court.
County
According to the Code of Criminal Procedure, what is the term for a written order from a magistrate, directing to a peace officer, commanding them to take the body of the person accused of an offense, to be dealt with according to law?
Arrest Warrant
Accoding to the Code of Criminal Procedure, what is a law enforcement-initiated action based on a individual's ethnicity or national origin rather than the individual's behavior?
Racial Profiling
According to the Code of Criminal Procedure, whenever a peace officer meets with resistance in discharging any duty imposed on him by law, he _______ command a sufficient number of citizens of his county to overcome the resistance.
Shall
According to the Code of Criminal Procedure, a magistrate may extend the detention period on a person who is arrested in the prevention of family violence by a period not to exceed ____ hours.
48
According to the Code of Criminal Procedure, a peace officer ______ arrest, without a warrant, a person the peace officer has probable cause to believe has violated a protective order, if the offense is committed in the presence of the peace officer.
Shall
According to the Code of Criminal Procedure, a peace officer may request a magistrate's order for emergency protection at a defendant's appearance before a magistrate after an arrest for.
An offense involving family violence