06 Code and Criminal Procedure-02

Which of the following is not a magistrate in Texas?

A.	Judge of the County Court at Law

B.	County Judges

C.	Municipal Court Judges

D.	State Attorney General 6.2.1

Which of the following is not a Peace Officer in Texas?

A.	Marshalls of incorporated cities

B.	Agents of the Alcoholic Beverage Commission

C.	Municipal Park and Recreational Officers

D.	Special Agents of the Bureau of Alcohol, Tobacco, and Firearms 6.2.2

Which of the following would not be a peace officer as defined by Article 2, Code of Criminal Procedure?

A. Inspectors of the U.S. Postal Service

B. Adjunct Police Officers

C. Rangers and Officers of the Department of Public Safety

D. Officers commissioned by the governing board of a Metropolitan Rapid Transit Authority
6.2.2

It is the duty of every Peace Officer, as established by Art. 2.13 of the Code of Criminal Procedure, to: [3.2.1-C]

A.	Enforce all laws of the nation & State of Texas

B.	Arrest all criminal offenders

C.	Preserve the Peace within his jurisdiction

D.	Enforce the Traffic Code 6.2.3

If a peace officer summons a person to aid him, and that person refuses, the person is guilty of:

A. Aiding the escape of an offender

B. Resisting a lawful order

C. No offense

D. A class C misdemeanor
6.2.3

The _____________________ is custodian of prisoners.

A. Court issuing custodial notice

B. Chief of Police

C. Sheriff

D. Jailor

E. Arresting officer
6.2.3

Each sheriff shall be:

A. A minimum of 31 years of age at time of election

B. Conservator of public morals

C. Conservator of the laws of Texas

D. Conservator of the peace
6.2.3

A ______________________ may have the same duties as the sheriff.

A. Marshall

B. Constable

C. Police Officer

D. Deputy
6.2.3

Which of the following does not have jurisdiction in criminal actions.

A.	County Courts at Law

B.	Justice Courts

C.	District Courts

D.	the Texas Supreme Court 6.3.1

10.

The _____________________ in each incorporated city or town shall have jurisdiction in cases involving Class "C" Misdemeanors.

A.	Municipal Court

B.	District Court

C.	Justice Court

D.	County Court 6.3.1

11.

Which of the following is not correct about a search warrant?

A.	May be issued to photograph a child who is alleged to be the victim of the offense of injury to a child as defined in the Penal Code

B.	It may order an arrest

C.	May be issued to search for and seize property acquired by theft or in any other manner which makes its acquisition a penal offense

D.	All are correct statements about a search warrant 6.7.1

12.

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

A. Seize the diary as this is an instrument of a crime

B. Obtain a search warrant based on his reputation and seize it

C. Search warrant requirements can be waived and the diary seized

D. No search warrant can be issued

E. Obtain a search warrant for contraband and seize the diary
6.7.1

13.

You have probable cause to believe that weapons prohibited by the Penal Code are kept in a file cabinet in the editors office of the local newspaper. You may:

A. Obtain a search warrant and seize the cabinet

B. Obtain a search warrant and arrest the editor

C. Obtain a search warrant and seize the weapons

D. No search warrant may be issued
6.7.1

14.

You obtain a search warrant to search for and obtain photographs of an injured child. The child is not the same sex as you.

A. If the child is a female a woman must be present

B. The search warrant must be executed by an officer of the same sex as the child or the officer executing must be assisted by someone the same sex as the child

C. If the child is under 10 years of age it doesn't matter

D. If the child is under 6 years of age it doesn't matter

E. The search warrant will specify the sex of the person which may photograph the child
6.7.1

15.

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

A. Drugs

B. Property constituting evidence

C. Illegal Weapons

D. Persons
6.7.1

16.

A search warrant runs for:

A. 30 days

B. 5 days excluding the day it was issued

C. 3 days excluding the day it was issued and the day it is executed

D. There is no time limit
6.7.1

17.

Which of the following is NOT a duty of a peace officer investigating a family violence allegation as established by Art. 5.04 of the Code of Criminal Procedure?

A.	Protect any potential victim

B.	Enforce the law

C.	Make lawful arrests of violators

D.	Mediate the conflict 6.4.1

18.

The limitation for presentation of an indictment or information for any misdemeanor is:

A.	There is none

3 years

2 years

D.	5 years 6.5.2

19.

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

A. information

B. complaint

C. indictment

D. writ
6.8.1

20.

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

A. information

B. complaint

C. indictment

D. writ
6.8.1

21.

Which of the following is a true statement about arrest warrants:

A.	A warrant may be telegraphed

B.	No greater force than is necessary shall be resorted to secure the arrest of the accused

C.	If the officer does not have the warrant of arrest in his possession at the time of arrest, he shall inform the defendant of the offense charged and the fact a warrant has been issued

D.	All of the above are true statements 6.6.1

22.

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

A. Warrant of arrest

B. Probable cause waiver

C. Complaint

D. Indictment

E. Commitment
6.6.1

23.

The affidavit made before the Magistrate, District Attorney, or County Attorney which alleges an offense is called:

A. A warrant of arrest

B. A probable cause waiver

C. A complaint

D. An indictment
6.6.2

24.

When a warrant of arrest is issued by any mayor or recorder of an incorporated town or city, it usually can be executed:

A. Anywhere in the United States

B. Anywhere in Texas

C. In the county in which it was issued

D. In an adjacent county

E. Only at the location specified on the warrant
6.6.2

25.

An arrest in Texas may be made:

A. Between sunrise and sunset on Class "C" charges

B. Anytime

C. You need additional information to correctly answer this question.

D. Only during the time specified in a warrant
6.6.2

26.

To arrest a defendant with an arrest warrant the officer must have the warrant in his possession.

A. True

B. False
6.6.2

27.

When the defendant is arrested at night, the Texas Code of Criminal Procedure requires that he be taken before a magistrate:

A.	No sooner than daylight

B.	Immediately

C.	Without unnecessary delay

D.	As soon as the magistrate's office is open

E.	Whenever it is convenient for the officer to do so 6.6.1

28.

A Capias may be executed by any:

A.	Reasonable person

Executor

C.	Peace Officer

D.	Person 6.8.1

29.

A ____________ is a writ issued by the court or clerk, commanding any peace officer to arrest a person accused of an offense and bring him before that court immediately, or on a day and time stated in the writ.

A. Warrant

B. Capias

C. Complaint

D. Indictment
6.8.1

30.

A justice of the peace shall conduct an inquest into the death of a person who dies in the county served by the justice in each of the following cases EXCEPT :

A.	The body of the person is found and the cause or circumstances of death are unknown

B.	the person dies in a hospital or other institution and the attending physician is able to certify the cause of death

C.	The person dies in prison or in jail

D.	The person commits suicide or the circumstances of the death indicate that the death may have been caused by suicide

E.	All of the above are correct answers 6.9.1

31.

Which of the following is NOT an objective of the Code of Criminal Procedure?

A.	To adopt measures for preventing the commission of crime

B.	To insure the uniform enforcement of the laws of the State of Texas

C.	To insure a fair and impartial trial

D.	To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal

E.	All of the above are correct 6.1.1

32.

Which of the following is NOT true regarding Art. 6.06 of the Code of Criminal Procedure, Prevention of Injury?

A.	It is the peace officer's duty to prevent the commission of an offense against the person or property of another, including the person or property of the spouse

B.	The peace officer may summon any number of citizens of his county to his aid

C.	The peace officer may use only that force which is necessary to prevent the commission of the offense, and no greater

D.	The officer need not protect the property of the spouse since this is community property

E.	It is the peace officer's duty to prevent a person from injuring himself 6.4.2

33.

Unless specifically stated for the offense, generally speaking, you have _______ years from the date of commission to present a felony indictment.

10
6.5.1

34.

For which of the following is there no time limit for presentation of an indictment?

A. Manslaughter

B. Burglary

C. Murder

D. Both murder and manslaughter have no time limit
6.5.1

35.

Which of the following statements is true concerning arrest without a warrant as outlined in the Code of Criminal Procedure?

A.	a peace officer, or anyone, may, without a warrant, arrest an offender when they commit any offense within their view or presence

B.	a peace officer may arrest, without warrant, a person who commits any offense within the presence or view of a magistrate and the magistrate orders the officer to arrest the offender

C.	when it is shown by satisfactory proof that a person has committed a felony offense and that the offender is about to escape, so that there is no time to obtain a warrant, a peace officer may pursue and arrest the individual without a warrant

D.	none of the above are true statements concerning arrest without warrant 6.6.1

36.

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

A. he has probable cause to believe that the individual has violated a Protective Order and it occurs in the officers presence

B. persons found in suspicious places under suspicious circumstances that indicate that individual has committed a felony offense

C. persons who the officer has probable cause to believe have committed an assault resulting in bodily injury to another and the peace officer has probable cause to believe that there is danger of further injury

D. all of the above are situations where a peace officer may arrest without a warrant
6.6.1

37.

Which of the following would not be a reason for the issuance of subpoena?

A.	to appear before a court to testify in a criminal action

B.	to appear at a habeas corpus hearing

C.	at an administrative hearing

D.	to appear before a grand jury 6.8.2

38.

A __________ may specify that, if a witness has in their possession, any instrument of writing or other thing desired as evidence, such evidence must be brought by the witness and produced in court.

writ

B.	subpoena duces tecum

C.	information

D.	indictment 6.8.2

39.

A person may be fined up to $500 if they refuse to obey a subpoena in a __________ case.

A.	misdemeanor

felony

civil

D.	municipal court 6.8.2

40.

Which of the following statements is NOT correct concerning section 8.04 of the Code of Criminal Procedure, Dispersing Riot?

A.	it is the duty of every peace officer or magistrate to cause such persons assembled together in such a manner as to constitute a riot to disperse

B.	they may only be dispersed by commanding them to do so

C.	they may be dispersed by arresting the persons engaged

D.	the arrest to disperse may be made with or without a warrant 6.4.3

41.

Those authorized to aid a peace officer in suppressing a riot may use such measures as are necessary to suppress the riot, but are not authorized to use any greater degree of force than is requisite to accomplish that object.

A. true

B. false
6.4.3

42.

Which of the following is NOT a true statement concerning Article 1, General Provisions, of the Code of Criminal Procedure?

A.	a defendant may, except for a capitol offense where the State intends to seek the death penalty, upon entering a plea may waive the right to a jury trial if the waiver is made in open court and in writing

B.	all prisoners shall be bailable except for capitol offenses

C.	no warrant to search shall be issued except on probable cause supported by oath or affirmation

D.	the right to writ of habeas corpus shall not be suspended except in time of war 6.1.2

43.

Which of the following would not be a Special Investigator as defined in the Code of Criminal Procedure?

A.	Special Agent of the FBI

B.	Inspector of the United States Postal Service

C.	Railroad Peace Officers

D.	Special Agents and Law Enforcement Officers of the U.S. Forest Service 6.2.2

44.

Which of the following is a true statement concerning the official duties of a peace officer with regards to the prevention of family violence?

A.	the duty is waived if their is a family or household relationship between the alleged violator and the victim

B.	a peace officer need not give any written notice of a victim's legal rights

C.	a peace officer that responds to or investigates a family violence incident shall make a written report

D.	a peace officer must see a certified, original of a protective order to enforce it 6.4.1

45.

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

A.	information

complaint

C.	indictment

D.	writ 6.8.1

46.

_________ means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity.

A.	"Immigration profiling"

B.	"Racial profiling"

C.	"Race monitoring"

D.	"Criminal profiling"

47.

When may an officer break down a door, in order to serve an arrest warrant?

never

B.	when serving a felony warrant

C.	in a felony case, if the officer is refused entry after advising his authority and purpose

D.	for any offense with reason to believe the defendant is inside 6.6.2

48.

A search warrant cannot be issued to:

A.	photograph an injured child

B.	seize mere evidence

C.	seize personal writings of the accused

D.	seize persons 6.7.1

49.

A Justice of the Peace shall conduct an inquest when:

A.	a person is legally executed

B.	a person under a physicians care dies of cancer

C.	a six year old child dies

D.	a person dies during and extended illness in the hospital

50.

Who may execute a search warrant for criminal evidence?

A.	only a peace officer

B.	any peace officer or a person specifically named

C.	any other person if a peace officer cannot be found

D.	any of these 6.7.1

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