CID STUDY GUIDE FEBRUARY EXPECTED QUESTIONS
WITH VERIFIED ANSWERS
Question 1.
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 48 hours after
the person is arrested, before the magistrate who may have ordered the arrest, before some
magistrate of the county where the arrest was made without an order, or, to provide more
expeditiously to the person arrested the warnings described by Article 15.17 of this Code,
before a magistrate in any other county of this state.
ANSWER
CCP 14.06 Magistrate requirement
Question 2.
(1) written notice of the time and place the person must appear before a magistrate (2) the
name and address of the person charged (3) the offense charged (4) information regarding the
alternatives to the full payment of any fine or costs assessed against the person, if the person is
convicted of the offense and is unable to pay that amount and (5)the Family Violence
admonishment in Bold Face letters
ANSWER
When issueing citation for a class C offense, what must be included on the citation?
Question 3.
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.
ANSWER
CCP 15.01 What is an Arrest Warrant?
Question 4.
It issues in the name of "The State of Texas", and shall be sufficient, without regard to form, if it
have these substantial requisites:
1. It must specify the name of the person whose arrest
is ordered, if it be known, if unknown, then some
2. It must state that the person is accused of some
offense against the laws of the State, naming the offense.
3. It must be signed by the magistrate, and his office
be named in the body of the warrant, or in connection with his signature.
ANSWER
CCP 15.02 What are the Requisites of an Arrest Warrant?
1
,Question 5.
The complaint shall be sufficient, without regard to form, if it have these substantial requisites:
1. It must state the name of the accused, if known,
and if not known, must give some reasonably definite description of him.
2. It must show that the accused has committed some
offense against the laws of the State, either directly or that the affiant has good reason to
believe, and does believe, that the accused has committed such offense.
3. It must state the time and place of the commission
of the offense, as definitely as can be done by the affiant.
4. It must be signed by the affiant by writing his name
or affixing his mark.
ANSWER
CCP 15.05 What are the Requisites of a Complaint?
Question 6.
(1) property acquired by theft or in any other manner which makes its acquisition a penal
offense;
(2) property specially designed, made, or adapted for or commonly used in the commission of
an offense; (3) arms and munitions kept or prepared for the purposes of insurrection or riot;
(4) weapons prohibited by the Penal Code;
(5) gambling devices or equipment, altered gambling (6) obscene materials kept or prepared
for commercial distribution or exhibition, subject to the additional rules set forth by law;
(7) a drug, controlled substance, immediate precursor, chemical precursor, or other controlled
substance property, including an apparatus or paraphernalia kept, prepared, or manufactured
in violation of the laws of this state;
(8) any property the possession of which is prohibited by law;
(9) implements or instruments used in the commission of a crime;
(10) property or items, except the personal writings by the accused, constituting evidence of an
offense or constituting evidence tending to show that a particular person committed an offense;
(11) persons;
(12) contraband subject to forfeiture under Chapter 59 of this code;
(13) electronic customer data held in electronic storage, including the contents of and records
and other information related to a wire communication or electronic communication held in
electronic storage; or (14)a cellular telephone or other wireless communications device
ANSWER
CCP 18.02 What are the Grounds for Issuance for a Search Warrant?
Question 7.
If the facts presented to the magistrate under Article 18.02 of this chapter also establish the
existence of probable cause that a person has committed some offense under the laws of this
state, the search warrant may, in addition, order the arrest of such person.
ANSWER
CCP 18.03 When May a search Warrant order an Arrest?
2
,Question 8.
A search warrant issued under this chapter, Chapter 18A, or Chapter 18B shall be sufficient if it
contains the following requisites:
(1) that it run in the name of "The State of Texas";
(2) 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;
(3) that it command any peace officer of the proper county to search forthwith the person,
place, or thing named;
(4) that it be dated and signed by the magistrate; and (5) that the magistrate's name appear in
clearly legible handwriting or in typewritten form with the magistrate's signature.
ANSWER
CCP 18.04 What are the Requisites of a Search Warrant?
Question 9.
A peace officer to whom a search warrant is delivered shall execute the warrant without delay
and shall return the warrant to the proper magistrate. (b) 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. Before
the officer takes property from the place, he shall prepare a written inventory of the property to
be taken. He shall legibly endorse his name on the inventory and present a copy of the
inventory to the owner or other person in possession of the property. If neither the owner nor a
person in possession of the property is present when the officer executes the and the inventory
at the place.
ANSWER
CCP 18.06 What are the requirements on the Execution of a Search Warrant?
Question 10.
Not including the day of its issuance and the day of its execution, (1) 15 whole days if the
warrant is issued solely to search for and seize specimens from a specific person for DNA
analysis and comparison, including blood and saliva samples (2) 10 whole days if the warrant is
issued under Article 18B.354 or Subchapter G-1, Chapter 18B or (3) three whole days if the
warrant is issued for a purpose other than that described by Subdivision (1) or (2).
ANSWER
CCP 18.07 How many days are allowed to run a Search Warrant?
Question 11.
if the device was seized before the expiration of the time allowed to run the Search Warrant
ANSWER
CCP 18.07 If a warrant is issued to search for and seize data or information contained in or on a
computer, disk drive, flash drive, cellular telephone, or other electronic, communication, or data
storage device, the warrant is considered to have been executed within what time frame?
3
, Question 12.
A district or higher court judge
ANSWER
Who may issue a search warrant?
Question 13.
search warrant, the officer shall return the search warrant.
ANSWER
CCP 18.10 How long does an officer have to return execution?
Question 14.
Upon returning the search warrant, the officer shall state on the back of the same, or on some
paper attached to it, the manner in which the warrant has been executed. The officer shall also
deliver to the magistrate a copy of the inventory of the property taken into his possession under
the warrant. The failure of an officer to make a timely return of an executed search warrant or
to submit an inventory of the property taken into the officer's possession under the warrant
does not bar the admission of evidence under Article 38.23. The officer who seized the property
shall retain custody of it until the magistrate issues an order directing the manner of
safekeeping the property. Except as otherwise provided by Subsection (b), the property may
not be removed from the county in which it was seized without an order approving the removal,
issued by a magistrate in the county in which the warrant was issued; provided, however,
nothing herein shall prevent the officer, or his department, from forwarding any item or items
seized to a laboratory for scientific analysis.
ANSWER
CCP 18.10 What are the requirements on a Search Warrant return?
Question 15.
(a) A justice of the peace shall conduct an inquest into the death of a person who dies in the
county served by the justice if:
(1) the person dies in prison under circumstances other than those described by Section
501.055(b), Government Code, or in jail other than a legal execution (3) the body or a body part
of a person is found, the cause or circumstances of death are unknown, and: (A) the person is
identified or (B) the person is unidentified (4) the circumstances of the death indicate that the
death may have been caused by unlawful means (5) the person commits suicide or the
circumstances of the death indicate that the death may have been caused by suicide (6) the
person dies without having been attended by a physician (7) the person dies while attended by
a physician who is unable to certify the cause of death and who requests the justice of the
peace to conduct an inquest or (8) the person is a child younger than six years of age and an
inquest is required by Chapter 264, Family Code.
ANSWER
CCP 49.04 Deaths Requiring an Inquest
4
WITH VERIFIED ANSWERS
Question 1.
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 48 hours after
the person is arrested, before the magistrate who may have ordered the arrest, before some
magistrate of the county where the arrest was made without an order, or, to provide more
expeditiously to the person arrested the warnings described by Article 15.17 of this Code,
before a magistrate in any other county of this state.
ANSWER
CCP 14.06 Magistrate requirement
Question 2.
(1) written notice of the time and place the person must appear before a magistrate (2) the
name and address of the person charged (3) the offense charged (4) information regarding the
alternatives to the full payment of any fine or costs assessed against the person, if the person is
convicted of the offense and is unable to pay that amount and (5)the Family Violence
admonishment in Bold Face letters
ANSWER
When issueing citation for a class C offense, what must be included on the citation?
Question 3.
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.
ANSWER
CCP 15.01 What is an Arrest Warrant?
Question 4.
It issues in the name of "The State of Texas", and shall be sufficient, without regard to form, if it
have these substantial requisites:
1. It must specify the name of the person whose arrest
is ordered, if it be known, if unknown, then some
2. It must state that the person is accused of some
offense against the laws of the State, naming the offense.
3. It must be signed by the magistrate, and his office
be named in the body of the warrant, or in connection with his signature.
ANSWER
CCP 15.02 What are the Requisites of an Arrest Warrant?
1
,Question 5.
The complaint shall be sufficient, without regard to form, if it have these substantial requisites:
1. It must state the name of the accused, if known,
and if not known, must give some reasonably definite description of him.
2. It must show that the accused has committed some
offense against the laws of the State, either directly or that the affiant has good reason to
believe, and does believe, that the accused has committed such offense.
3. It must state the time and place of the commission
of the offense, as definitely as can be done by the affiant.
4. It must be signed by the affiant by writing his name
or affixing his mark.
ANSWER
CCP 15.05 What are the Requisites of a Complaint?
Question 6.
(1) property acquired by theft or in any other manner which makes its acquisition a penal
offense;
(2) property specially designed, made, or adapted for or commonly used in the commission of
an offense; (3) arms and munitions kept or prepared for the purposes of insurrection or riot;
(4) weapons prohibited by the Penal Code;
(5) gambling devices or equipment, altered gambling (6) obscene materials kept or prepared
for commercial distribution or exhibition, subject to the additional rules set forth by law;
(7) a drug, controlled substance, immediate precursor, chemical precursor, or other controlled
substance property, including an apparatus or paraphernalia kept, prepared, or manufactured
in violation of the laws of this state;
(8) any property the possession of which is prohibited by law;
(9) implements or instruments used in the commission of a crime;
(10) property or items, except the personal writings by the accused, constituting evidence of an
offense or constituting evidence tending to show that a particular person committed an offense;
(11) persons;
(12) contraband subject to forfeiture under Chapter 59 of this code;
(13) electronic customer data held in electronic storage, including the contents of and records
and other information related to a wire communication or electronic communication held in
electronic storage; or (14)a cellular telephone or other wireless communications device
ANSWER
CCP 18.02 What are the Grounds for Issuance for a Search Warrant?
Question 7.
If the facts presented to the magistrate under Article 18.02 of this chapter also establish the
existence of probable cause that a person has committed some offense under the laws of this
state, the search warrant may, in addition, order the arrest of such person.
ANSWER
CCP 18.03 When May a search Warrant order an Arrest?
2
,Question 8.
A search warrant issued under this chapter, Chapter 18A, or Chapter 18B shall be sufficient if it
contains the following requisites:
(1) that it run in the name of "The State of Texas";
(2) 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;
(3) that it command any peace officer of the proper county to search forthwith the person,
place, or thing named;
(4) that it be dated and signed by the magistrate; and (5) that the magistrate's name appear in
clearly legible handwriting or in typewritten form with the magistrate's signature.
ANSWER
CCP 18.04 What are the Requisites of a Search Warrant?
Question 9.
A peace officer to whom a search warrant is delivered shall execute the warrant without delay
and shall return the warrant to the proper magistrate. (b) 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. Before
the officer takes property from the place, he shall prepare a written inventory of the property to
be taken. He shall legibly endorse his name on the inventory and present a copy of the
inventory to the owner or other person in possession of the property. If neither the owner nor a
person in possession of the property is present when the officer executes the and the inventory
at the place.
ANSWER
CCP 18.06 What are the requirements on the Execution of a Search Warrant?
Question 10.
Not including the day of its issuance and the day of its execution, (1) 15 whole days if the
warrant is issued solely to search for and seize specimens from a specific person for DNA
analysis and comparison, including blood and saliva samples (2) 10 whole days if the warrant is
issued under Article 18B.354 or Subchapter G-1, Chapter 18B or (3) three whole days if the
warrant is issued for a purpose other than that described by Subdivision (1) or (2).
ANSWER
CCP 18.07 How many days are allowed to run a Search Warrant?
Question 11.
if the device was seized before the expiration of the time allowed to run the Search Warrant
ANSWER
CCP 18.07 If a warrant is issued to search for and seize data or information contained in or on a
computer, disk drive, flash drive, cellular telephone, or other electronic, communication, or data
storage device, the warrant is considered to have been executed within what time frame?
3
, Question 12.
A district or higher court judge
ANSWER
Who may issue a search warrant?
Question 13.
search warrant, the officer shall return the search warrant.
ANSWER
CCP 18.10 How long does an officer have to return execution?
Question 14.
Upon returning the search warrant, the officer shall state on the back of the same, or on some
paper attached to it, the manner in which the warrant has been executed. The officer shall also
deliver to the magistrate a copy of the inventory of the property taken into his possession under
the warrant. The failure of an officer to make a timely return of an executed search warrant or
to submit an inventory of the property taken into the officer's possession under the warrant
does not bar the admission of evidence under Article 38.23. The officer who seized the property
shall retain custody of it until the magistrate issues an order directing the manner of
safekeeping the property. Except as otherwise provided by Subsection (b), the property may
not be removed from the county in which it was seized without an order approving the removal,
issued by a magistrate in the county in which the warrant was issued; provided, however,
nothing herein shall prevent the officer, or his department, from forwarding any item or items
seized to a laboratory for scientific analysis.
ANSWER
CCP 18.10 What are the requirements on a Search Warrant return?
Question 15.
(a) A justice of the peace shall conduct an inquest into the death of a person who dies in the
county served by the justice if:
(1) the person dies in prison under circumstances other than those described by Section
501.055(b), Government Code, or in jail other than a legal execution (3) the body or a body part
of a person is found, the cause or circumstances of death are unknown, and: (A) the person is
identified or (B) the person is unidentified (4) the circumstances of the death indicate that the
death may have been caused by unlawful means (5) the person commits suicide or the
circumstances of the death indicate that the death may have been caused by suicide (6) the
person dies without having been attended by a physician (7) the person dies while attended by
a physician who is unable to certify the cause of death and who requests the justice of the
peace to conduct an inquest or (8) the person is a child younger than six years of age and an
inquest is required by Chapter 264, Family Code.
ANSWER
CCP 49.04 Deaths Requiring an Inquest
4
