CCP is intended to embrace rules applicable to the ____________ and ______________ of offenses against the laws of this state.

prevention; prosecution

CCP seeks relatively three objectives:

I. adopt measures for preventing the commission of crime; II. insure a fair and impartial trial; III. certain execution of the sentence of the law when declared

Are members of an arson investigation unit that are commissioned by a city, a county, or the State considered peace officers?

Yes

Are municipal park and recreational Patrolmen and Security officers considered peace officers?

Yes

Are Investigators commissioned by the Texas Medical Board considered peace officers?

Yes

Special Investigators largely focus on what level of criminal offense?

felonies

Are Marshals and Deputy Marshals of the United States Marshals Service considered peace officers?

No, they are considered Special Investigators

(Art. 2.123) An adjunct police officer may make arrests and exercise all authority given peace officers under this code, BUT only within _________________________________________________________________________________________________

the geographical area designated by agreement between the appointing chief of police or sheriff and the private institution.

Special Ranger is not entitled to

state benefits

It is the duty of every peace officer to

preserve the peace within the officer's jurisdiction.

The officer shall use all lawful means to

(I) execute all lawful process issued to the officer by any magistrate or court, and (ii) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.

Neglecting to Execute Process

If any sheriff or other officer shall willfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process which it is made his duty by law to execute, he shall be liable to a fine for contempt not less than ten nor more than two hundred dollars, at the discretion of the court.

Conservator of the Peace

Each sheriff shall be a conservator of the peace in his county and shall arrest all offenders against the laws of the State, in his view or hearing, and take them before the proper court for examination or trial. He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies. He shall apprehend and commit to jail all offenders, until an examination or trial can be had.

Custody of Prisoners

When a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by the sheriff.

INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE

a peace officer from the appropriate local law enforcement agency shall investigate the report jointly with the department or with the agency responsible for conducting an investigation under Subchapter E, Chapter 261, Family Code. As soon as possible after being notified by the department of the report, but not later than 24 hours after being notified, the peace officer shall accompany the department investigator in initially responding to the report.

Duties Regarding Misused Identity

(1) notify the person that: (A) the person's identifying information was misused by another person arrested in the county; (B) the person may file a declaration with the Department of Public Safety under Section 411.0421, Government Code; and (C) the person is entitled to expunction of information contained in criminal records and files under Chapter 55 of this code;

Victim of family violence are entitled to

the maximum protection from harm or abuse or the threat of harm or abuse as it permitted by law.

In any response to allegations of family violence, law enforcement/Judicial officers

shall protect the victim, without regard to the relationship between the alleged offender and victim.

FAMILY OR HOUSEHOLD RELATIONSHIP and OFFICIAL DUTIES.

A peace officer's or a magistrate's duty to prevent the commission of criminal offenses, including acts of family violence, is not waived or excepted because of a family or household relationship between the potential violator and victim.

Primary duty 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, enforcement the law of this state, enforce a protective order, and make lawful arrests of violators.

Standby Assistance; Liabilty

the officer may stay with a victim of family violence to protect the victim and allow the victim to take the personal property of the victim or of a child in the care of the victim to a place of safety in an orderly manner. A peace officer who provides assistance under Subsection (a) of this article is not: civilly or criminally liable for the wrongful appropriation of any personal property by the victim

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:

(1) the names of the suspect and complainant; (2) the date, time, and location of the incident; (3) any visible or reported injuries; (4) a description of the incident and a statement of its disposition; and (5) 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.

n addition to the written report required under Subsection (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 report to the Department of Family and Protective Services

within 24 hours of the beginning of the investigation / or receipt of the disturbance call

Venue for protective order offenses

The venue for an offense under Section 25.07 or 25.072, Penal Code, is in the county in which the order was issued or, without regard to the identity or location of the court that issued the protective order, in the county in which the offense was committed.

DUTY OF PEACE OFFICER AS TO THREATS

It is the duty of every peace officer to prevent the threatened injury, if within his power; and, in order to do this, he may call in aid any number of citizens in his county.

PEACE OFFICER TO PREVENT INJURY

Whenever, in the presence of a peace officer, or within his view, one person is about to commit an offense against the person or property of another, including the person or property of his spouse, or injure himself, it is his duty to prevent it; and, for this purpose the peace officer may summon any number of the citizens of his county to his aid. The peace officer must use the amount of force necessary to prevent the commission of the offense, and no greater.

DISPERSING RIOT

It is the duty of every magistrate or peace officer to cause such persons to disperse. This may either be done by commanding them to disperse or by arresting the persons engaged, if necessary, either with or without warrant.

POWER OF SPECIAL CONSTABLE.

Special constables so appointed shall, during the time for which they are appointed, exercise the powers and perform the duties properly belonging to peace officers.

TEMPORARY EX PARTE ORDER

f the court finds from the information contained in an application for a protective order that there is a clear and present danger of sexual assault or abuse, stalking, trafficking, or other harm to the applicant, the court, without further notice to the alleged offender and without a hearing, may enter a temporary ex parte order for the protection of the applicant or any other member of the applicant's family or household.

REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER

At the close of a hearing on an application for a protective order under this subchapter, the court shall find whether there are reasonable grounds to believe that the applicant is the victim of sexual assault or abuse, indecent assault, stalking, or trafficking.

DURATION OF PROTECTIVE ORDER; RESCISSION

A protective order issued under Article 7B.003 may be effective for the duration of the lives of the offender and victim or for any shorter period stated in the order. If a period is not stated in the order, the order is effective until the second anniversary of the date the order was issued.

DESIGNATION OF PSEUDONYM; PSEUDONYM FORM

A victim may choose a pseudonym to be used instead of the victim's name to designate the victim in all public files and records concerning the offense

During investigation of certain reports alleging child abuse, as soon as possible after being notified by the department of the report, but not later than _____ hours after being notified, the peace officer shall accompany the CPS investigator in initially responding to the report:

24

Which of the below is, by stated law, designated a conservator of the peace in his county?

The sheriff

When a prisoner is committed to jail by warrant from a Magistrate or court he _____ be placed in jail by the Sheriff.

shall

The primary duties of a Peace Officer who investigates a family violence allegation include

protect any potential victim, enforce a protective order, and make lawful arrests of violators

Special Agents of the Secret Service, Marshals of the U.S. Marshal Service, and Special Agents of the Criminal Investigation Division of the IRS are examples of ...

special investigators

Whenever, in the presence of a Peace Officer, or within his view, one person is about to commit an offense against the person or property of another, including the person or property of his spouse, or injure himself, it is his duty to _____ it.

prevent

Municipal Park and Recreational Patrolmen, Arson Investigators, and Security Officers commissioned by the Texas Board of Private Security are all ...

police officers

The CCP states that any officer who refuses or neglects to execute any summons, subpoena, or attachment, which it was his duty to execute, can be fined a maximum of $200.00. What would be the charge?

Neglecting to Execute Process

A conviction for a felony in Texas could be appealed to the

Court of Criminal Appeals

Special Constables appointed to support elections have powers of ___________.

peace officers

A Peace Officer serving as an Adjunct Police Officer may make arrests and exercise all authority given Peace Officers under the code ______________ designated by agreement between the appointing Chief of Police or Sheriff and the private institution.

only within a geographical area

The venue for an offense under section PC 25.07 or 25.072 protective order violation is in the __________, which the order was issued, or in which the offense was committed.

county

Under 6.06 peace officers have ________ to prevent injuries to others (including spouse) and protect other people’s property.

a duty

How may a riot be dispersed?

commanding the persons to disperse, and arresting persons engaged

According to Article 2.13 of the Texas CCP, “It is the duty of every peace officer to _____________________ within the officer's jurisdiction.”

Preserve the Peace

The primary duties of a peace officer who investigates a family violence allegation, or responds to a disturbance call which may involve family violence, are to protect any potential victim of family violence, enforce the law, and

Make lawful arrests of violators

Art. 5.045 (STANDBY ASSISTANCE; LIABILITY) provides “In the discretion of a peace officer, the officer may stay with a victim of family violence to protect the victim and allow the victim to take the personal property of the victim or of a child in the care of the victim to a place of safety in an orderly manner. A peace officer who provides assistance under this article is:

Not civilly or criminally liable for the wrongful appropriation of any personal property by the victim.

A peace officer may arrest an offender without a warrant for ____________ committed in his presence or within his view.

any offense

A person is _____ when he has been actually placed under restraint or taken into custody by or officer or person executing a warrant of arrest, or by any officer person arresting without a warrant.”

arrested

It is the duty of every peace officer to preserve the ____ within the officer's jurisdiction.

peace

Any officer who willfully refuses or fails to execute any summons or any other legal process which is made his duty shall be __________

in contempt

According to the CCP, it is the DUTY of every peace officer to preserve the peace:

within his jurisdiction

If a person who is charged with serving a process fails to execute or return the process, he or she

can be held in contempt of court

According to the CCP, which of the below is NOT one of the objects of the Code?

civil rights violators

Whenever a number of persons are assembled together in such a manner as to constitute a riot, it is the _______ of every Magistrate or Peace Officer to cause such persons to disperse

duty

Billy and Bob are engaged in an argument about a parking space in an apartment parking lot. They got so loud and heated that the neighbors called the Sheriff’s Office. The responding deputy separated Billy and Bob. Bob told the deputy that as soon as the deputy left the scene, he (Bob) was going to kick Billy’s tail. According to the Code of Criminal Procedure:

The deputy may arrest Bob in order to prevent the threatened injury

On receipt of information to the effect that a person’s identifying information was falsely given by a person arrested, the local law enforcement agency responsible for collecting identifying information on an arrested person in the county in which the arrest was made shall:

Notify the person that their information was misused by another person who was arrested, Notify the Department of Public Safety regarding the misuse of identifying information, Notify the Department of Public Safety of the actual identity of the person arrested

A sexual assault victim may choose a __________ to be used instead of the victim’s name to designate the victim in all the offense public files and records.

pseudonym

A temporary restraining order is enforceable _______________.

only by motion