CCP QUESTIONS AND ANSWERS FULLY SOLVED

CCP QUESTIONS AND ANSWERS FULLY SOLVED What are the objects of this code? 1. to adopt measures for preventing the commission of crime 2. to exclude the offender from all hope of escape 3. to insure a trial with as little delay as is consistent with the ends of justice 4. to bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal 5. to insure a fair and impartial trial 6. the certain execution of the sentence of the law when declared Who are peace officers? sheriffs, constables, marshals, city police officers (including reserves), rangers and officers of DPS, investigators of the district attorney and county attorney, TABC Agents, arson investigators, officers commissioned under the education code, parks and wildlife officers, airport officers, security and investigator of the comptroller, investigators commissioned by the Texas medical board, investigators employed by the Texas Racing Commission, metro rapid transit authority, investigator commissioned by commissioner of insurance, commissioned by the state medical examiners, fire marshals Railroad Peace Officers - up to 250 may be appointed - CANNOT issue traffic citations - not entitled to state benefits provided to other peace officers - authority as peace officers on rail road property and issues related to the rail road and rail road companies. Special Investigators - not peace officers - powers of arrest, search and seizures for FELONY cases ONLY - national parks service have the authority to arrest, search and seizure for any laws committed within the boundaries of the park - EXP: special agents (and explosives), civilian agents of the US Naval Criminal Investigative Service, special agents of FBI, special agents of the secret service, special agents of immigration and customs, inspectors of the USPS, IRS investigators, US Marshals, Special agents of Veteran Affairs Adjunct Police Officers - counties with population under 200,000 - may appoint up to 50 peace officers - authority is on campus and up to 1 mile from the perimeter - may exercise all authority given to peace officers within the designated boundary - NOT entitled to state compensation and retirement benefits Peace Officers from Adjoining State same powers and immunities ONLY when: - in custody of inmate and transporting the inmate to a hospital or medical facility - returning an inmate from the hospital or medical facility - operating within a municipality or county adjoining the state only within 1 mile of boundaries Special Rangers of Texas and Southwestern Cattle Raisers - appointed by DPS - up to 50 Special Rangers - aid in the investigations of theft of livestock and related property - retains all authority given to peace officers when necessary to prevent or abate the commission of an offense involving livestock and related property (only time they are considered peace officers) - may not issue traffic citations - not entitled to state benefits provided to peace officers Peace Officers Commissioned by the Alabama Coushatta Indian Tribe - appointed by the tribal council - purpose is to enforce state law within the boundaries of the reservation - maintains all powers, privilege and immunities of peace officers - may arrest without a warrant - may enforce all traffic laws on streets and highways - may arrest any person who violates the laws of the state if: 1. is summoned by another law enforcement agency to provide assistance, 2. is assisting another law enforcement agency - not entitled to state benefits normally provided to peace officers (CCP) Art. 2.13. DUTIES AND POWERS. - preserves peace within the jurisdiction - SHALL 1. interfere without a warrant to prevent or suppress crime, 2. execute all lawful process issued by any magistrate or court, 3. give notice to some magistrate of all offenses committed with the officer has good reason to believe there has been a violation of penal law, 4. arrest offender without warrant in every case where the officers is authorized by law, in order that they may be taken before the proper court - it is the duty of every officer to take possession of a child under article 63.009 (g) report of missing child Intervention Required for Excessive Force - peace officers duty to intervene to stop or prevent another officer from using force against a person suspected of committing an offense if: 1. the amount of force exceeds that of which is reasonable 2. officer knows or should know the officers UOF: a. violates the state or federal law, b. puts a person at risk or bodily injury, and is not immediately necessary to avoid imminent bodily injury to a peace officer or other person c. is not required to apprehend the person suspected of committing an offense. - if officer witnesses excessive force being used he SHALL produce a written report to the officers superior whom is writting the report Duties of Law Enforcement Agency Filing Case the state authorized by law o employ peace officers: - SHALL submit a written report with the attorney - SHALL provide all documents, items and information - an agency employee shall promptly disclose the documents, items and information Neglecting to Execute Process - any sheriff or other officer - willfully refuses or fails to execute any summons, subpoena or attachment for a witness, or any other legal process - $10-$200 fine Conservator of the Peace SHERIFF - shall arrest and commit to jail all offenders, until an examination or trial is held Custody of Prisoner - Placed in jail by sheriff - may give person arrested a reasonable time to produce bail Deputy - whenever a deputy is imposed by the code upon the sheriff, the same duty may lawfully be performed by the deputy Investigation of Certain Reports Alleging Abuse - alleges an immidate risk of physical or sexual abuse of a chile that could result in death or serious harm to that child by a person responsible for the care, custody or welfare of that child. SHALL investigate the report jointly with the department, or with agency responsible for investigation. - no later than 24 after being notified, the officer that filed the report SHALL accompany the department investigator in responding to the report Investigation of Certain Reports Alleging Abuse, Neglect, or Exploitation SHALL investigate on receipt of report of abuse, neglect, or exploitation of complaint of resident of nursing home, convalescent home or institution Duties regarding misused identity 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 SHALL make a report to Law enforcement agency with: name of victim, name of suspect (if known), the type of identifying information obtained, possessed, transferred - if victim requests, the agency SHALL provide a report to the victim with any confidential information redacted Report Concerning Certain Assaultive or Terroristic Offenses - only applies of Assault, Agg Assault, Sexual Assault, Agg Sexual Assault, Terroristic Threat - Peace Officers SHALL provide a written report Use of Neck Restraints during Search or Arrest Prohibited - MAY not intentionally use chokehold, carotid artery hold, or similar neck restraint in searching or arresting a person unless the restraint is necessary to prevent serious bodily injury to or death of officer or another person Legislative Statement (a) Family violence is a serious danger and threat to society and its members. Victims of family violence are entitled to the maximum protection from harm or abuse or the threat of harm or abuse as is permitted by law. (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 relationship between the alleged offender and victim. CCP 5.03 FAMILY OR HOUSEHOLD RELATIONSHIP DOES NOT CREATE AN EXCEPTION TO OFFICIAL DUTIES - the family or household relationship is not waived, or except the duties of peace officer in a family violence case or investigation