CID Study Guide February 2023
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 re-quirement
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 reasonably definite description
must be given of him. 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?
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 equipment, or
gambling paraphernalia; (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?
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 re-turn 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 warrant, the officer shall leave a copy of the warrant 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?
Question 12.
A district or higher court judge
ANSWER
Who may issue a search warrant?
Question 13.
Not later than three whole days after executing a search warrant, the officer shall return the search warrant.
ANSWER
CCP 18.10 How long does an officer have to return the Search Warrant after 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 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 re-quirement
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 reasonably definite description
must be given of him. 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?
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 equipment, or
gambling paraphernalia; (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?
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 re-turn 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 warrant, the officer shall leave a copy of the warrant 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?
Question 12.
A district or higher court judge
ANSWER
Who may issue a search warrant?
Question 13.
Not later than three whole days after executing a search warrant, the officer shall return the search warrant.
ANSWER
CCP 18.10 How long does an officer have to return the Search Warrant after 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?
