CCP 2017 Exam

  1. Art. 5.01. LEGISLATIVE STATEMENT. (a) Family violence is a serious danger and threat to society and its members. Victims of family violence are entitled to ___ ___ ___ from harm or abuse or the threat of harm or abuse as is permitted by law.
    the maximum protection
  2. Art. 5.01. LEGISLATIVE STATEMENT. 
    (b) In any law enforcement, prosecutorial, or judicial response to allegations of family violence, the responding law enforcement or judicial officers shall protect the victim, without regard to the ____ between the alleged offender and victim.
    relationship
  3. Art. 5.04. DUTIES OF PEACE OFFICERS.
    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 protect any potential victim of family violence, and all of the following, EXCEPT: 



    D) mediate family disturbances to mitigate future potential violence
  4. Art. 5.04. DUTIES OF PEACE OFFICERS. 
    (a-1) 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 a current licensed ____ ____ or verified agency ____ ____ listed in the Texas Crime Information Center.
    foster home, foster home
  5. Art. 5.04. DUTIES OF PEACE OFFICERS. 
    (b) 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 to prevent further family violence, including giving written notice of a victim's legal rights and remedies and what other information?



    C)  the availability of shelter or other community services for family violence victims.
  6. Art. 5.05. REPORTS AND RECORDS. (a) A peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a written report, including but not limited to: the names of the suspect and complainant; the date, time, and location of the incident; any visible or reported injuries; a description of the incident and a statement of its disposition; and what other information?



    B) whether the suspect is a member of the state military forces or is serving in the armed forces of the United States in an active duty status.
  7. Art. 5.05. REPORTS AND RECORDS.
    A peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a report to the Department of Family and Protective Services within 24 hours if the location of the incident or call, or the known address of a person involved in the incident or call, matches the address of which of the following?



    A)  current licensed foster home or a verified agency foster home
  8. Art. 5.05. REPORTS AND RECORDS.
    If a suspect is identified as being a member of the military, the peace officer shall provide written notice of the incident or disturbance call to the staff judge advocate at Joint Force Headquarters or what other person?



    C)  the provost marshal of the military installation to which the suspect is assigned.
  9. Art. 5.05. REPORTS AND RECORDS.
    (c) In order to ensure that officers responding to calls are aware of the existence and terms of protective orders, WHO shall establish procedures within the department or office to provide adequate information or access to information for law enforcement officers of the names of persons protected by a protective order and of persons to whom protective orders are directed.



    D)  each municipal police department and sheriff
  10. Art. 5.05. REPORTS AND RECORDS.
    Each law enforcement officer shall accept a certified copy of an original or modified protective order as proof of the validity of the order and it is presumed the order remains valid unless any of the following occurs, EXCEPT:



    B) the respondent enters a sworn affidavit that he has not been presented with a valid copy informing him of the validity of the order.
  11. Art. 8.04. DISPERSING RIOT. Whenever a number of persons are assembled together in such a manner as to constitute a riot, according to the penal law of the State, it is the duty of every magistrate or peace officer to cause such persons to disperse. All of the following is included as valid methods, EXCEPT:



    D) by mobilizing the state military services
  12. Art. 14.01. OFFENSE WITHIN VIEW.
    WHO may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.



    D)  A peace officer or any other person
  13. Art. 14.02. WITHIN VIEW OF MAGISTRATE.
    A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate does what?
    a) verbally orders the arrest
    b) signs an affidavit ordering the arrest
    c) issues a capias 
    d) requests the court to maintain custody of the suspect
    a) verbally orders the arrest
  14. Art. 14.04. WHEN FELONY HAS BEEN COMMITTED. Where it is shown by WHAT to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may, without warrant, pursue and arrest the accused.



    A)  satisfactory proof
  15. Art. 14.05. RIGHTS OF OFFICER. In each case enumerated where arrests may be lawfully made without warrant, the officer or person making the arrest is justified in adopting all the measures which he might adopt in cases of arrest under warrant, except that an officer making an arrest without a warrant may not enter a residence to make the arrest unless a person who resides in the residence consents to the entry; or:



    A)  exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.
  16. Art. 14.051. ARREST BY PEACE OFFICER FROM OTHER JURISDICTION. (a) A peace officer commissioned and authorized by another state to make arrests for felonies may continue the pursuit into this state and arrest the person under what circumstance?



    D) The peace officer is in fresh pursuit of the person for the purpose of arresting that person for a felony.
  17. Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE. In each case enumerated in this Code, unless stated otherwise, the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than how many hours after the person is arrested, before the magistrate who may have ordered the arrest, or before some magistrate of the county where the arrest was made?



    A)  48 hours
  18. Art. 15.02. REQUISITES OF WARRANT. It issues in the name of "The State of Texas", and shall be sufficient, without regard to form, if it have these substantial requisites:
    It must specify the name of the person whose arrest is ordered, if it be known.  What if the name of the person is not known?
    if unknown, then some reasonably definite description must be given of him.
  19. Art. 15.02. REQUISITES OF WARRANT. It issues in the name of "The State of Texas", and shall be sufficient, without regard to form, if it have all of these substantial requisites, EXCEPT:



    D) It must contain a description of the offense
  20. Art. 15.04. COMPLAINT. The affidavit made before the magistrate or district or county attorney is called a what if it charges the commission of an offense?



    A) complaint
  21. Art. 15.05. REQUISITES OF COMPLAINT. The complaint shall be sufficient, without regard to form, if it states the name of the accused, if known, or some reasonably definite description of him and has all of the following substantial requisites, EXCEPT:



    D) All answers are must be included
  22. Art. 15.06. WARRANT EXTENDS TO EVERY PART OF THE STATE. A warrant of arrest shall extend to any part of the State; and any peace officer to whom said warrant is directed, or into whose hands the same has been transferred, shall be authorized to execute the same in any county in this State so long as it is issued by any of the following, EXCEPT:



    D)  mayors of an incorporated city or town
  23. Art. 15.07. WARRANT ISSUED BY OTHER MAGISTRATE. When a warrant of arrest is issued by any mayor of an incorporated city or town, it cannot be executed in another county than the one in which it issues, except:
    It be endorsed by a judge of a ____ ____ ____, in which case it may be executed anywhere in the State; or 2. If it be endorsed by any ____ in the county in which the accused is found, it may be executed in such county.
    court of record

    magistrate
  24. Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE. (a) In each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than ____ ____ after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested or, to provide more expeditiously to the person arrested the warnings described by this article, before a magistrate in any other county of this state...
    48 hours
  25. Art. 15.17 DUTIES OF ARRESTING OFFICER AND MAGISTRATE. If the magistrate is not authorized to appoint counsel (to the arrestee), the magistrate shall without unnecessary delay, but not later than ____ after the person arrested requests appointment of counsel, transmit, or cause to be transmitted to the court or to the courts' designee authorized under Article 26.04 to appoint counsel in the county, the forms requesting the appointment of counsel.



    C) 48 hours
  26. Art. 15.17 DUTIES OF ARRESTING OFFICER AND MAGISTRATE. ... A recording of the communication between the arrested person and the magistrate shall be made. The recording shall be preserved until the earlier of the following dates: (1) the date on which the pretrial hearing ends; or (2) the ____ day after the date on which the recording is made if the person is charged with a misdemeanor or the ____ day after the date on which the recording is made if the person is charged with a felony.
    91st

    120th
  27. Art. 15.27. NOTIFICATION TO SCHOOLS REQUIRED.(a) A law enforcement agency that arrests any person or refers a child to the office or official designated by the juvenile board who the agency believes is enrolled as a student in a public primary or secondary school, for an offense listed in Subsection (h), shall attempt to ascertain whether the person is so enrolled. If the law enforcement agency ascertains that the individual is enrolled as a student in a public primary or secondary school, the head of the agency or a person designated by the head of the agency shall orally [make notification to appropriate person] within what time frames?


    B)  24 hours after the arrest or referral is made, or before the next school day, whichever is earlier.
  28. Art. 18.01. SEARCH WARRANT. Which magistrates may issue a search warrant under Article 18.02(10) to collect a blood specimen from a person who is arrested for an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and refuses to submit to a breath or blood alcohol test?



    B) those who are an attorney licensed by this state
  29. Art. 18.02. GROUNDS FOR ISSUANCE.  (a) A search warrant may be issued to search for and seize:
    3) arms and munitions kept or prepared for the purposes of ____ or ____;
    insurrection or riot
  30. Art. 18.02. GROUNDS FOR ISSUANCE.  (a) A search warrant may be issued to search for and seize property or items, except WHAT, constituting evidence of an offense or constituting evidence tending to show that a particular person committed an offense?



    B)  personal writings by the accused
  31. Art. 18.04. CONTENTS OF WARRANT. A search warrant issued under this chapter shall be sufficient if it contains the following requisites:
    that it run in the name of "The State of Texas";
    that it identify, as near as may be, that which is to be seized and name or describe, as near as may be, the person, place, or thing to be searched; and all of the following EXCEPT:



    D) that it contain the magistrates office of authority
  32. Art. 18.06. EXECUTION OF WARRANTS.
    A peace officer to whom a search warrant is delivered shall execute the warrant without delay and forthwith return the warrant to the proper magistrate. A search warrant issued under Section 5A, Article 18.21 (electronic storage, mobile tracking) must be executed in the manner provided by that section not later than how many days after the date of issuance?
    a) the 11th day
    b) the 15th day
    c) the 20th day
    d) the 8th day
    a) the 11th day
  33. Art. 18.06. EXECUTION OF WARRANTS. (a) A peace officer to whom a search warrant is delivered shall execute the warrant without delay and forthwith return the warrant to the proper magistrate. A search warrant issued under Section 5A, Article 18.21 (electronic storage, mobile tracking) must be executed in the manner provided by that section not later than the 11th day after the date of issuance. In all other cases, a search warrant must be executed within how many days from the time of its issuance.



    B)  three days
  34. ART. 18.06 EXECUTION OF WARRANTS. 
    On searching the place ordered to be searched, the officer executing the warrant shall present a copy of the warrant to the owner of the place, if he is present. If the owner of the place is not present but a person who is present is in possession of the place, the officer shall present a copy of the warrant to the person. What does the officer need to present to the owner of property seized or a person in control of the property before the property is removed? 



    D) an inventory of all items taken endorsed with the officer's signature
  35. Art. 18.07. DAYS ALLOWED FOR WARRANT TO RUN.
    if a warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples, the period allowed for the execution of said search warrant, exclusive of the day of its issuance and of the day of its execution, is:



    B) 15 whole days
  36. Art. 18.07. DAYS ALLOWED FOR WARRANT TO RUN.
    The period allowed for the execution of a search warrant if the warrant is issued under Sec 5A, Art 18.21 (mobile tracking device), exclusive of the day of its issuance and of the day of its execution, is:



    B) 10 whole days
  37. Art. 18.07. DAYS ALLOWED FOR WARRANT TO RUN.
    The period allowed for the execution of a search warrant NOT issued for DNA or mobile tracking device, exclusive of the day of its issuance and of the day of its execution, is:



    B) three whole days
  38. Art. 18.07. DAYS ALLOWED FOR WARRANT TO RUN. 
    The magistrate issuing a search warrant under this chapter shall endorse on the search warrant what information?



    C) date and hour of its issuance
  39. Art. 18.08. POWER OF OFFICER EXECUTING WARRANT. In the execution of a search warrant in this county, who may the officer call to his aid who shall be bound to aid in the execution of the same?



    A) any number of citizens
  40. Art. 1810 HOW RETURN MADE
    All of the following is true of an officer returning a search warrant following service of the warrant, EXCEPT:



    D) The officer may, for purposes of returning stolen property to the rightful owner, remove said property from the county without an order from the magistrate.
  41. Art. 18.16. PREVENTING CONSEQUENCES OF THEFT. ____ ____ has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose.
    Any person
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apple2016
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332764
Card Set
CCP 2017 Exam
Description
CCP
Updated