TCOLE REVIEW – CCP (97 QUESTIONS) WITH COMPLETE SOLUTIONS| 10 PAGES

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WHO ARE MAGISTRATES CCP 2.09 Correct Answer: justices of the Supreme Court judges of the Court of Criminal Appeals justices of the Courts of Appeals judges of the District Court Duty of magist... rates CCP 2.10 Correct Answer: Main duty is to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime. Examining court CCP 2.11 Correct Answer: When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court. Railroad peace officers CCP 2.121 Correct Answer: The director of the department of public safety may appoint 250 railroad police safety may appoint up to 250 railroad peace officers whom are employed by a railroad. A railroad peace officer may not issue a traffic citation for a violation. Adjunct police officers CCP 2.123 Correct Answer: Within counties of 200,000, 50 peace officers who are commissioned education code, who are employed by a private institution of higher education located in municipality. Peace officers from adjoining states CCP 2.124 Correct Answer: Texarkana is an example of this. A buffer zone on either side of the state border. They have the same powers as any officer. If no arrangement or agreement is made you can enforce state laws from one mile across the border. However city ordinances cannot be enforced. Special Rangers of Texas and Southwester Cattle Raisers Association CCP 2.125 Correct Answer: The director of the Department of Public Safety may appoint up to 50 special rangers of Texas and Southwestern Cattle Raisers Association to aid law enforcement agencies in the investigation of the theft of livestock or related property. Peace Officers commissioned by the Alabama Coushatta Indian Tribe CCP 2.126 - Correct Answer: Vested With all the powers, privileges and immunities of peace officers and may arrest without a warrant any person who violates a law of the state. They may also enforce traffic laws on the streets and highways. Outside of their boundaries they must be summoned by another commissioned peace officer for their assistance. WHO ARE PEACE OFFICERS CCP 2.12 Correct Answer: *sheriffs *constables *marshals *rangers *law enforcement agents of the Texas Alcoholic Beverage Commission *investigators of the district attorneys *fire marshal *investigators commissioned by the Texas Medical Board *municipal park and recreational patrolmen and security officers *law enforcement officers commissioned by the Parks and Wildlife Commission (10 of 36) Duties and powers CCP 2.13 Correct Answer: IT IS THE DUTY of every peace officer to preserve the peace within the officer's jurisdiction. To effect this purpose the officer shall use all lawful means as listed. - Interfere without warrant to prevent or suppress crime. - Execute all lawful process issued to the officer by magistrate or court. - Give notice to some magistrate of all offenses committed within the officer's jurisdiction. - Arrest offenders without warrant in every case where the officer is authorized by law and take the offender before the proper magistrate. - IT IS ALSO the duty of every officer to ***take possession of a child under ARTICLE 63.009 Neglecting to execute process CCP 2.16 Correct Answer: If an officer refuses/neglects obligations to any summons, subpoena or attachment for a witness, or any other legal process he shall be liable to a fine for contempt not less than $10 but not more than $200. Conservator of the peace CCP 2.17 Correct Answer: Each SHERIFF shall be a conservator of the peace in his county. He shall do all things necessary to suppress crime. Custody of prisoners CCP 2.18 Correct Answer: Custody of prisoners is the sheriff's obligation. A prisoner committed to jail by warrant from a magistrate or court will be placed in jail by the sheriff. Deputy CCP 2.20 Correct Answer: Wherever a duty is imposed by this code upon the sheriff, the same duty may lawfully be performed by his deputy. When there is no sheriff in a county all duties will fall onto the deputy. Investigation of certain reports alleging child abuse CCP 2.27 Correct Answer: Police will act quickly on any report from CPS that alleges an immediate risk of physical or sexual abuse of a child that could result in death or serious harm. 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 CCP 2.28 Correct Answer: When someone misuses another person's identity, the officer must do the following: Notify the person that... the person's id information was misused by another person arrested in the county, the person may file a declaration with the department of public safety and the person is entitled to expunction of all crimes the offender committed under victims name. The officer must then notify DPS of the same information. Report required in connection with fraudulent use of or possession of identifying information CCP 2.29 Correct Answer: When someone uses another's ID the peace officer shall make a written report that contains the following information... The name of the victim, the name of the suspect, if known, and the type of identifying information obtained, possessed, etc... and also the results of any investigation. In providing the report, the LE Agency shall redact any otherwise confidential information that is included in the report. Report concerning certain assaultive or terroristic offense CCP 2.30 Correct Answer: A report must be completed for the following offenses; assault, aggravated assault, aggravated sexual assault, and a terroristic threat. The peace officer that investigates the report must generate a written report. SPECIAL INVESTIGATORS CCP 2.122. Correct Answer: criminal investigators of the United States shall not be deemed peace officers, but shall have the powers of arrest, search, and seizure under the laws of this state as to felony offenses only Racial profiling prohibited CCP 2.131 Correct Answer: A peace officer may not engage in racial profiling! Liability CCP 2.136 Correct Answer: The statistics that TCOLE create in regards to race or ethnicity and other characteristics will not hold the officer liable. Officer not liable for statistics. Civil Penalty CCP 2.1385 (revised 2/2010) Correct Answer: If any chief administrator intentionally fails to submit the incident-based data as required will be subject for a civil penalty of $1,000 for each violation. Duties of peace officers CCP 5.04 Correct Answer: The primary duty of a peace officer who investigates family violence allegation is to protect any potential victim of family violence, enforce the law of the state, enforce a protective order from another jurisdiction and make lawful arrests of violators. The peace officer must also establish whether the household he reports to is a current licensed foster home or verified agency foster home. TCIC Texas Crime Information Center has this information on hand (foster home, etc.) IN AN INSTANCE OF FAMILY VIOLENCE - The victim must be provided the "Notice to adult victims of family violence" pamphlet which will be in both ENGLISH and SPANISH Standby assistance; liability CCP 5.045 Correct Answer: Example... Family Violence call where the victim or potential victim is removed from the residence/leaves the residence; the officer may standby to make sure the movement is orderly. However if the party that leaves the residence takes property that belongs to the potential offender/offender, the officer will not be held liable for this. Take things to be out of the house for 3 days...there shouldn't be a moving truck outside of the house. Venue for protective order offenses CCP 5.07 Correct Answer: An issued protective order is valid STATEWIDE. Peace officer to prevent injury CCP 6.06 Correct Answer: The peace officer must use the amount of force necessary to prevent the commission of the offense and no greater! Dispersing riot CCP 8.04 Correct Answer: Whenever there are enough people together constituting a riot, it is the duty of every magistrate or peace officer to cause such persons to disperse by commanding them or arresting the engaged, with or without warrant. Officer may call aid CCP 8.05 Correct Answer: The officer may call to his aid the power of the county when dispersing a riot. Means adopted to suppress CCP 8.06 Correct Answer: The officer engaged in suppressing the riot and those who aid him are authorized in adopting such measures as are necessary to suppress the riot, but are not authorized to use any greater degree of force than is required. Offense within view CCP 14.01 Correct Answer: A peace officer may 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. Within view of magistrate CCP 14.02 Correct Answer: A peace officer may arrest anyone that has committed a felony or breach of the peace has been committed in the presence of a magistrate. The magistrate sees one of these offenses and verbally orders the peace officer to arrest the offender. Authority of peace officers CCP 14.03 Correct Answer: A peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the offer's presence or view, if the offense is a felony or a breach of the peace. Public intoxication CCP 14.031 Correct Answer: A peace officer may release the individual if he believes detention in a penal facility is unnecessary for the protection of the individual or others and if the individual is released to the care of an adult who agrees to assume responsibility for the individual. They can also be released if they verbally consent to voluntary treatment for chemical dependency in a program or treatment facility that is licensed. When felony has been committed CCP 14.04 Correct Answer: When a credible person gives satisfactory proof that a crime has been committed and the offender is about to escape a peace officer may pursue and arrest the accused without the warrant (since there is no time to get one). Rights of officer CCP 14.05 Correct Answer: An officer may make lawful arrests without warrant however he cannot enter a residence to make the arrest unless a person who resides in the residence consents to entry or exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant. If it's a class C the officer cannot make entry. Arrest by peace officer from other jurisdiction CCP 14.051 Correct Answer: An officer that is in FRESH PURSUIT of a criminal may cross jurisdictions in attempt to apprehend the violator. Must take offender before magistrate CCP 14.06 Correct Answer: The peace officer shall take the person arrested or have him taken without unnecessary delay, but not later than 48 hours after the persion is arrested, before a magistrate of the county. [Show More]

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