6. Code of Criminal Procedure (16 hrs.) - PowerPoint PPT Presentation

Loading...

PPT – 6. Code of Criminal Procedure (16 hrs.) PowerPoint presentation | free to view - id: 48c2ea-ZWQ3N



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

6. Code of Criminal Procedure (16 hrs.)

Description:

– PowerPoint PPT presentation

Number of Views:1038
Avg rating:3.0/5.0
Slides: 251
Provided by: BWilli
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: 6. Code of Criminal Procedure (16 hrs.)


1
6. Code of Criminal Procedure (16 hrs.)
  • TCLEOSE LEARNING OBJECTIVES
  • 02/27/04

2
  • Unit Goal 6.1. The student will have an
    understanding of the statutory authority for
    administration of criminal procedure as
    enumerated by the Texas Code of Criminal
    Procedure (CCP).
  • 6.1.1. Identify the basis for administration of
    criminal procedure in Texas.
  • 6.1.2. Identify the basic rights enumerated in
    the CCP.
  • Unit Goal 6.2. The student will have an
    understanding of the general duties and
    responsibilities for officers as enumerated by
    the CCP.
  • 6.2.1. Identify who are Magistrates and their
    duties.
  • 6.2.2. Identify who are Peace Officers.
  • 6.2.3. List the duties of peace officers.
  • 6.2.4. List the duties of peace officers
    relating to Racial Profiling.
  • 6.2.5. List the duties of peace officers
    relating to Forfeiture of Contraband.
  • Unit Goal 6.3. The student will understand the
    courts and their criminal jurisdiction.
  • 6.3.1. Identify courts which have criminal
    jurisdiction.
  • 6.3.2. Identify the jurisdiction of the Courts
    of Appeals.
  • 6.3.3. Identify the jurisdiction of the Court of
    Criminal Appeals.
  • 6.3.4. Identify the jurisdiction of District
    Courts.
  • 6.3.5. Identify the jurisdiction of the County
    Courts.
  • 6.3.6. Identify the jurisdiction of the Justice
    Courts.
  • 6.3.7. Identify the jurisdiction of Municipal
    Courts.

3
  • Unit Goal 6.4. The student will understand the
    procedures to be followed in the prevention and
    suppression of offenses.
  • 6.4.1. List the duties of officers relating to
    Family Violence Prevention.
  • 6.4.2. List the duties of officers relating to
    threats of injury or death to persons or damage
    to property.
  • 6.4.3. List the duties of officers relating to
    Suppression of Riots and Other Disturbances.
  • 6.4.4. List the duties of officers relating to
    Protective Orders for Victims of Sexual Assault.
  • Unit Goal 6.5. The student will understand the
    time limitations relating to felonies and
    misdemeanors.
  • 6.5.1. Identify the time limitations relating to
    Felony Offenses.
  • 6.5.2. Identify the time limitations relating to
    Misdemeanor Offenses.
  • 6.5.3. Identify the time limitations relating to
    Aggravated Offenses, Attempt, Conspiracy,
    Solicitation, and Organized Criminal Activity.
  • Unit Goal 6.6. The student will understand the
    requirements and procedures for arrests without
    and with a warrant of arrest.
  • 6.6.1. List the duties of officers relating to
    Arrest Without Warrant.
  • 6.6.2. List the duties of officers relating to
    Arrest Under Warrant.
  • Unit Goal 6.7. The student will understand the
    requirements and procedures for search warrants.
  • 6.7.1. List the duties of officers relating to
    Search Warrants.
  • Unit Goal 6.8. The student will understand
    court processes as they relate to criminal
    offenses.
  • 6.8.1. Explain court papers relating to
    offenses.
  • 6.8.2. Explain court papers relating to
    witnesses.
  • 6.8.3. Explain the bail procedure.
  • Unit Goal 6.9. The student will understand the
    process relating to Inquests Upon Dead Bodies.

4
Unit Goal 6.1 The student will have an
understanding of the statutory authority for
administration of criminal procedure as
enumerated by the Texas Code of Criminal
Procedure (CCP).
5
6.1.1 Identify the basis for administration of
criminal procedure in Texas.
6
Basis for criminal procedure administration
7
Short title CCP 1.01
  • This Act shall be known, and may be cited, as the
    "Code of Criminal Procedure".

8
Effective date CCP 1.02
  • This Code shall take effect and be in force on
    and after January 1, 1966. The procedure herein
    prescribed shall govern all criminal proceedings
    instituted after the effective date of this Act
    and all proceedings pending upon the effective
    date hereof insofar as are applicable.

9
Objects of this code CCP 1.03
  •      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 and
  •      6. The certain execution of the sentence of
    the law when declared

10
6.1.2 Identify the basic rights enumerated in
the CCP.
11
Basic rights
12
Due course of law CCP 1.04
  •      No citizen of this State shall be deprived
    of life, liberty, property, privileges or
    immunities, or in any manner disfranchised,
    except by the due course of the law of the land.

13
Rights of accused CCP 1.05
  •      In all criminal prosecutions the accused
    shall have a speedy public trial by an impartial
    jury. He shall have the right to demand the
    nature and cause of the accusation against him,
    and to have a copy thereof. He shall not be
    compelled to give evidence against himself. He
    shall have the right of being heard by himself,
    or counsel, or both shall be confronted with the
    witnesses against him, and shall have compulsory
    process for obtaining witnesses in his favor. No
    person shall be held to answer for a felony
    unless on indictment of a grand jury.

14
Right to representation of counsel CCP 1.051
15
Searches and seizures CCP 1.06
  • The people shall be secure in their persons,
    houses, papers and possessions from all
    unreasonable seizures or searches. No warrant to
    search any place or to seize any person or thing
    shall issue without describing them as near as
    may be, nor without probable cause supported by
    oath or affirmation.

16
Right to bail CCP 1.07
  • All prisoners shall be bailable unless for
    capital offenses when the proof is evident. This
    provision shall not be so construed as to prevent
    bail after indictment found upon examination of
    the evidence, in such manner as may be prescribed
    by law.

17
Habeas corpus CCP 1.08
  •      The writ of habeas corpus is a writ of right
    and shall never be suspended.

18
Cruelty forbidden CCP 1.09
  • Excessive bail shall not be required, nor
    excessive fines imposed, nor cruel or unusual
    punishment inflicted.

19
Jeopardy CCP 1.10
  •      No person for the same offense shall be
    twice put in jeopardy of life or liberty nor
    shall a person be again put upon trial for the
    same offense, after a verdict of not guilty in a
    court of competent jurisdiction

20
Acquittal a bar CCP 1.11
  • An acquittal of the defendant exempts him from a
    second trial or a second prosecution for the same
    offense, however irregular the proceedings may
    have been but if the defendant shall have been
    acquitted upon trial in a court having no
    jurisdiction of the offense, he may be prosecuted
    again in a court having jurisdiction

21
Right to jury CCP 1.12
  • The right of trial by jury shall remain inviolate

22
Waiver of trial by jury CCP 1.13
  • (a) The defendant in a criminal prosecution for
    any offense other than a capital felony case in
    which the State notifies the court and the
    defendant that it will seek the death penalty
    shall have the right, upon entering a plea, to
    waive the right of trial by jury, conditioned,
    however, that such waiver must be made in person
    by the defendant in writing in open court with
    the consent and approval of the court, and the
    attorney representing the State. The consent and
    approval by the court shall be entered of record
    on the minutes of the court, and the consent and
    approval of the attorney representing the State
    shall be in writing, signed by him, and filed in
    the papers of the cause before the defendant
    enters his plea.
  •      (b) In a capital felony case in which the
    attorney representing the State notifies the
    court and the defendant that it will not seek the
    death penalty, the defendant may waive the right
    to trial by jury but only if the attorney
    representing the State, in writing and in open
    court, consents to the waiver.
  •      (c) A defendant may agree to waive a jury
    trial regardless of whether the defendant is
    represented by an attorney at the time of making
    the waiver, but before a defendant charged with a
    felony who has no attorney can agree to waive the
    jury, the court must appoint an attorney to
    represent him.

23
Waiver of rights CCP 1.14
24
Waiver of indictment for noncapital felony CCP
1.141
25
Jury in felony CCP 1.15
  • No person can be convicted of a felony except
    upon the verdict of a jury duly rendered and
    recorded, unless the defendant, upon entering a
    plea, has in open court in person waived his
    right of trial by jury in writing in accordance
    with Articles 1.13 and 1.14 provided, however,
    that it shall be necessary for the state to
    introduce evidence into the record showing the
    guilt of the defendant and said evidence shall be
    accepted by the court as the basis for its
    judgment and in no event shall a person charged
    be convicted upon his plea without sufficient
    evidence to support the same. The evidence may be
    stipulated if the defendant in such case consents
    in writing, in open court, to waive the
    appearance, confrontation, and cross-examination
    of witnesses, and further consents either to an
    oral stipulation of the evidence and testimony or
    to the introduction of testimony by affidavits,
    written statements of witnesses, and any other
    documentary evidence in support of the judgment
    of the court. Such waiver and consent must be
    approved by the court in writing, and be filed in
    the file of the papers of the cause.

26
Liberty of speech and press CCP 1.16
27
Religious belief CCP 1.17
28
Outlawry and transportation CCP 1.18
  • No citizen shall be outlawed, nor shall any
    person be transported out of the State for any
    offense committed within the same.

29
Privilege of legislators CCP 1.21
30
Dignity of state CCP 1.23
31
Public trial CCP 1.24
  • The proceedings and trials in all courts shall be
    public.

32
Confronted by witnesses CCP 1.25
33
Common law governs CCP 1.27
34
Unit Goal 6.2 The student will have an
understanding of the general duties and
responsibilities for officers as enumerated by
the CCP.
35
6.2.1 Identify who are Magistrates and their
duties.
36
Magistrates and their duties
37
Who are magistrates CCP 2.09
38
Duty of magistrates CCP 2.10
  •      It is the duty of every magistrate 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 to cause the arrest of offenders by the
    use of lawful means in order that they may be
    brought to punishment.

39
Examining court CCP 2.11
40
6.2.2 Identify who are Peace Officers.
41
Who are peace officers?
42
Who are peace officers CCP 2.12
  • (1) sheriffs, their deputies, and those reserve
    deputies who hold a permanent peace officer
    license issued under Chapter 415, Government
    Code
  •      (2) constables, deputy constables, and those
    reserve deputy constables who hold a permanent
    peace officer license issued under Chapter 415,
    Government Code
  •      (3) marshals or police officers of an
    incorporated city, town, or village, and those
    reserve municipal police officers who hold a
    permanent peace officer license issued under
    Chapter 415, Government Code
  •      (4) rangers and officers commissioned by the
    Public Safety Commission and the Director of the
    Department of Public Safety
  •      (5) investigators of the district
    attorneys', criminal district attorneys', and
    county attorneys' offices

43
Who are peace officers CCP 2.12
  •      (6) law enforcement agents of the Texas
    Alcoholic Beverage Commission
  •      (7) each member of an arson investigating
    unit commissioned by a city, a county, or the
    state
  •      (8) officers commissioned under Section
    37.081, Education Code, or Subchapter E, Chapter
    51, Education Code
  •      (9) officers commissioned by the General
    Services Commission
  •      (10) law enforcement officers commissioned
    by the Parks and Wildlife Commission

44
Who are peace officers CCP 2.12
  •      (11) airport police officers commissioned by
    a city with a population of more than one
    million, according to the most recent federal
    census, that operates an airport that serves
    commercial air carriers
  •      (12) airport security personnel commissioned
    as peace officers by the governing body of any
    political subdivision of this state, other than a
    city described by Subdivision (11), that operates
    an airport that serves commercial air carriers
  •      (13) municipal park and recreational
    patrolmen and security officers
  •      (14) security officers commissioned as peace
    officers by the comptroller
  •      (15) officers commissioned by a water
    control and improvement district under Section
    49.216, Water Code

45
Who are peace officers CCP 2.12
  •      (16) officers commissioned by a board of
    trustees under Chapter 341, Acts of the 57th
    Legislature, Regular Session, 1961 (Article
    1187f, Vernon's Texas Civil Statutes)
  •      (17) investigators commissioned by the Texas
    State Board of Medical Examiners
  •      (18) officers commissioned by the board of
    managers of the Dallas County Hospital District,
    the Tarrant County Hospital District, or the
    Bexar County Hospital District under Section
    281.057, Health and Safety Code
  •      (19) county park rangers commissioned under
    Subchapter E, Chapter 351, Local Government Code
  •      (20) investigators employed by the Texas
    Racing Commission

46
Who are peace officers CCP 2.12
  •      (21) officers commissioned by the State
    Board of Pharmacy
  •      (22) officers commissioned by the governing
    body of a metropolitan rapid transit authority
    under Section 451.108, Transportation Code, or by
    a regional transportation authority under Section
    452.110, Transportation Code
  •      (23) investigators commissioned by the
    attorney general under Section 402.009,
    Government Code
  •      (24) security officers and investigators
    commissioned as peace officers under Chapter 466,
    Government Code
  •      (25) an officer employed by the Texas
    Department of Health under Section 431.2471,
    Health and Safety Code

47
Who are peace officers CCP 2.12
  •      (26) officers appointed by an appellate
    court under Subchapter F, Chapter 53, Government
    Code
  •      (27) officers commissioned by the state fire
    marshal under Chapter 417, Government Code
  •      (28) an investigator commissioned by the
    commissioner of insurance under Article 1.10D,
    Insurance Code
  •      (29) apprehension specialists commissioned
    by the Texas Youth Commission as officers under
    Section 61.0931, Human Resources Code and
  • Text of subd. (30) as added by Acts 1999, 76th
    Leg., ch. 322, 2
  •      (30) officers appointed by the executive
    director of the Texas Department of Criminal
    Justice under Section 493.019, Government Code.
  • Text of subd. (30) as added by Acts 1999, 76th
    Leg., ch. 882, 2

48
Who are peace officers CCP 2.12
  •      (30) investigators commissioned by the
    Commission on Law Enforcement Officer Standards
    and Education under Section 415.016, Government
    Code.
  • Text of subd. (30) as added by Acts 1999, 76th
    Leg. ch. 974, 37
  •      (30) board investigators commissioned by the
    Texas Commission on Private Security under
    Section 10(f), Private Investigators and Private
    Security Agencies Act (Article 4413(29bb),
    Vernon's Texas Civil Statutes).

49
Railroad peace officers CCP 2.121
  • (a) The director of the Department of Public
    Safety may appoint up to 250 railroad peace
    officers who are employed by a railroad company
    to aid law enforcement agencies in the protection
    of railroad property and the protection of the
    persons and property of railroad passengers and
    employees.
  •      (b) Except as provided by Subsection (c) of
    this article, a railroad peace officer may make
    arrests and exercise all authority given peace
    officers under this code when necessary to
    prevent or abate the commission of an offense
    involving injury to passengers and employees of
    the railroad or damage to railroad property or to
    protect railroad property or property in the
    custody or control of the railroad.

50
  •      (c) A railroad peace officer may not issue a
    traffic citation for a violation of Chapter 521,
    Transportation Code, or Subtitle C, Title 7,
    Transportation Code.
  •      (d) A railroad peace officer is not entitled
    to state benefits normally provided by the state
    to a peace officer.
  •      (e) A person may not serve as a railroad
    peace officer for a railroad company unless
  •      (1) the Texas Railroad Association submits
    the person's application for appointment and
    certification as a railroad peace officer to the
    director of the Department of Public Safety and
    to the executive director of the Commission on
    Law Enforcement Officer Standards and Education
  •      (2) the director of the department issues
    the person a certificate of authority to act as a
    railroad peace officer and
  •      (3) the executive director of the commission
    determines that the person meets minimum
    standards required of peace officers by the
    commission relating to competence, reliability,
    education, training, morality, and physical and
    mental health and issues the person a license as
    a railroad peace officer and
  •      (4) the person has met all standards for
    certification as a peace officer by the
    Commission on Law Enforcement Officer Standards
    and Education.

51
Railroad peace officers CCP 2.121
  •      (f) For good cause, the director of the
    department may revoke a certificate of authority
    issued under this article and the executive
    director of the commission may revoke a license
    issued under this article. Termination of
    employment with a railroad company, or the
    revocation of a railroad peace officer license,
    shall constitute an automatic revocation of a
    certificate of authority to act as a railroad
    peace officer.
  •      (g) A railroad company is liable for any act
    or omission by a person serving as a railroad
    peace officer for the company that is within the
    person's scope of employment. Neither the state
    nor any political subdivision or agency of the
    state shall be liable for any act or omission by
    a person appointed as a railroad peace officer.
    All expenses incurred by the granting or
    revocation of a certificate of authority to act
    as a railroad peace officer shall be paid by the
    employing railroad company.

52
Railroad peace officers CCP 2.121
  •      (h) A railroad peace officer who is a member
    of a railroad craft may not perform the duties of
    a member of any other railroad craft during a
    strike or labor dispute.
  •      (i) The director of the department and the
    executive director of the commission shall have
    the authority to promulgate rules necessary for
    the effective administration and performance of
    the duties and responsibilities delegated to them
    by this article.

53
Special investigators CCP 2.122
  • (a) The following named criminal investigators of
    the United States shall not be deemed peace
    officers, but shall have the powers of arrest,
    search and seizure as to felony offenses only
    under the laws of the State of Texas
  •      (1) Special Agents of the Federal Bureau of
    Investigation
  •      (2) Special Agents of the Secret Service
  •      (3) Special Agents of the United States
    Customs Service
  •      (4) Special Agents of Alcohol, Tobacco and
    Firearms
  •      (5) Special Agents of Federal Drug
    Enforcement Agency
  •      (6) Inspectors of the United States Postal
    Service
  •      (7) Special Agents of the Criminal
    Investigation Division and Inspectors of the
    Internal Security Division of the Internal
    Revenue Service
  •      (8) Civilian Special Agents of the United
    States Naval Investigative Service

54
Special investigators CCP 2.122
  •      (9) Marshals and Deputy Marshals of the
    United States Marshals Service
  •      (10) Special Agents of the United States
    Immigration and Naturalization Service and
  •      (11) Special Agents of the United States
    Department of State, Bureau of Diplomatic
    Security.
  •      (b) A person designated as a special
    policeman by the Federal Protective Services
    division of the General Services Administration
    under 40 U.S.C. Section 318 or 318d is not a
    peace officer but has the powers of arrest and
    search and seizure as to any offense under the
    laws of this state.

55
Special investigators CCP 2.122
  •      (c) A customs inspector of the United States
    Customs Service or a border patrolman or
    immigration officer of the United States
    Department of Justice is not a peace officer
    under the laws of this state but, on the premises
    of a port facility designated by the commissioner
    of the United States Immigration and
    Naturalization Service as a port of entry for
    arrival in the United States by land
    transportation from the United Mexican States
    into the State of Texas or at a permanent
    established border patrol traffic check point,
    has the authority to detain a person pending
    transfer without unnecessary delay to a peace
    officer if the inspector, patrolman, or officer
    has probable cause to believe that the person has
    engaged in conduct that is a violation of Section
    49.02, 49.04, 49.07, or 49.08, Penal Code,
    regardless of whether the violation may be
    disposed of in a criminal proceeding or a
    juvenile justice proceeding.

56
Special investigators CCP 2.122
  • Text of subsec. (d) as added by Acts 1999, 76th
    Leg., ch. 197, 1
  •      (d) A Special Agent or Law Enforcement
    Officer of the United States Forest Service is
    not a peace officer under the laws of this state,
    except that the agent or officer has the powers
    of arrest, search, and seizure as to any offense
    under the laws of this state committed within the
    National Forest System. In this subsection,
    "National Forest System" has the meaning assigned
    by 16 U.S.C. Section 1609.
  • Text of subsec. (d) as added by Acts 1999, 76th
    Leg., ch. 628, 1
  •      (d) A commissioned law enforcement officer
    of the National Park Service is not a peace
    officer under the laws of this state, except that
    the officer has the powers of arrest, search, and
    seizure as to any offense under the laws of this
    state committed within the boundaries of a
    national park or national recreation area. In
    this subsection, "national park or national
    recreation area" means a national park or
    national recreation area included in the National
    Park System as defined by 16 U.S.C. Section
    1c(a).

57
Adjunct police officers CCP 2.123
  •      (a) Within counties under 200,000
    population, the chief of police of a municipality
    or the sheriff of the county, if the institution
    is outside the corporate limits of a
    municipality, that has jurisdiction over the
    geographical area of a private institution of
    higher education, provided the governing board of
    such institution consents, may appoint up to 50
    peace officers who are commissioned under Section
    51.212, Education Code, and who are employed by a
    private institution of higher education located
    in the municipality or county, to serve as
    adjunct police officers of the municipality or
    county. Officers appointed under this article
    shall aid law enforcement agencies in the
    protection of the municipality or county in a
    geographical area that is designated by agreement
    on an annual basis between the appointing chief
    of police or sheriff and the private institution.

58
Adjunct police officers CCP 2.123
  •      (b) The geographical area that is subject to
    designation under Subsection (a) of this article
    may include only the private institution's campus
    area and an area that
  •      (1) is adjacent to the campus of the private
    institution
  •      (2) does not extend further than a distance
    of one mile from the perimeter of the campus of
    the private institution and
  •      (3) is inhabited primarily by students or
    employees of the private institution.

59
Adjunct police officers CCP 2.123
  •      (c) A peace officer serving as an adjunct
    police officer may make arrests and exercise all
    authority given peace officers under this code
    only within the geographical area designated by
    agreement between the appointing chief of police
    or sheriff and the private institution.
  •      (d) A peace officer serving as an adjunct
    police officer has all the rights, privileges,
    and immunities of a peace officer but is not
    entitled to state compensation and retirement
    benefits normally provided by the state to a
    peace officer.

60
Adjunct police officers CCP 2.123
  •      (e) A person may not serve as an adjunct
    police officer for a municipality or county
    unless
  •      (1) the institution of higher education
    submits the person's application for appointment
    and certification as an adjunct police officer to
    the chief of police of the municipality or, if
    outside a municipality, the sheriff of the county
    that has jurisdiction over the geographical area
    of the institution
  •      (2) the chief of police of the municipality
    or sheriff of the county to whom the application
    was made issues the person a certificate of
    authority to act as an adjunct police officer
    and
  •      (3) the person undergoes any additional
    training required for that person to meet the
    training standards of the municipality or county
    for peace officers employed by the municipality
    or county.

61
Adjunct police officers CCP 2.123
  •      (f) For good cause, the chief of police or
    sheriff may revoke a certificate of authority
    issued under this article.
  •      (g) A private institution of higher
    education is liable for any act or omission by a
    person while serving as an adjunct police officer
    outside of the campus of the institution in the
    same manner as the municipality or county
    governing that geographical area is liable for
    any act or omission of a peace officer employed
    by the municipality or county. This subsection
    shall not be construed to act as a limitation on
    the liability of a municipality or county for the
    acts or omissions of a person serving as an
    adjunct police officer.

62
Adjunct police officers CCP 2.123
  •      (h) The employing institution shall pay all
    expenses incurred by the municipality or county
    in granting or revoking a certificate of
    authority to act as an adjunct police officer
    under this article.
  •      (i) This article does not affect any duty of
    the municipality or county to provide law
    enforcement services to a geographical area
    designated under Subsection (a) of this article.
  • Added by Acts 1987, 70th

63
Peace officers from adjoining states CCP 2.124
  •      (a) A commissioned peace officer of a state
    of the United States of America adjoining this
    state, while the officer is in this state, has
    under this subsection the same powers, duties,
    and immunities as a peace officer of this state
    who is acting in the discharge of an official
    duty, but only
  •      (1) during a time in which
  •      (A) the peace officer from the adjoining
    state has physical custody of an inmate or
    criminal defendant and is transporting the inmate
    or defendant from a county in the adjoining state
    that is on the border between the two states to a
    hospital or other medical facility in a county in
    this state that is on the border between the two
    states or
  •      (B) the peace officer has physical custody
    of the inmate or defendant and is returning the
    inmate or defendant from the hospital or facility
    to the county in the adjoining state and

64
  •      (2) to the extent necessary to
  •      (A) maintain physical custody of the inmate
    or defendant while transporting the inmate or
    defendant or
  •      (B) regain physical custody of the inmate or
    defendant if the inmate or defendant escapes
    while being transported.
  •      (b) A commissioned peace officer of a state
    of the United States of America adjoining this
    state, while the officer is in this state, has
    under this subsection the same powers, duties,
    and immunities as a peace officer of this state
    who is acting in the discharge of an official
    duty, but only in a municipality some part of the
    municipal limits of which are within one mile of
    the boundary between this state and the adjoining
    state and only at a time the peace officer is
    regularly assigned to duty in a county, parish,
    or municipality that adjoins this state. A peace
    officer described by this subsection may also as
    part of the officer's powers in this state
    enforce the ordinances of a Texas municipality
    described by this subsection but only after the
    governing body of the municipality authorizes
    that enforcement by majority vote at an open
    meeting.

65
6.2.3 List the duties of peace officers.
66
Duties of peace officers
67
Duties and powers CCP 2.13
  • (a) 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.
  •      (b) The officer shall
  •      (1) in every case authorized by the
    provisions of this Code, interfere without
    warrant to prevent or suppress crime
  •      (2) execute all lawful process issued to the
    officer by any magistrate or court
  •      (3) give notice to some magistrate of all
    offenses committed within the officer's
    jurisdiction, where the officer has good reason
    to believe there has been a violation of the
    penal law and
  •      (4) 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.
  •      (c) It is the duty of every officer to take
    possession of a child under Article 62.009(g).

68
May summon aid CCP 2.14
  • Whenever a peace officer meets with resistance in
    discharging any duty imposed upon him by law, he
    shall summon a sufficient number of citizens of
    his county to overcome the resistance and all
    persons summoned are bound to obey.

69
Person refusing to aid CCP 2.15
  • The peace officer who has summoned any person to
    assist him in performing any duty shall report
    such person, if he refuse to obey, to the proper
    district or county attorney, in order that he may
    be prosecuted for the offense.

70
Neglecting to execute process CCP 2.16
  • 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.
    The payment of such fine shall be enforced in the
    same manner as fines for contempt in civil cases.

71
Conservator of the peace CCP 2.17
  •      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.

72
Custody of prisoners CCP 2.18
  • When a prisoner is committed to jail by warrant
    from a magistrate or court, he shall be placed in
    jail by the sheriff. It is a violation of duty on
    the part of any sheriff to permit a defendant so
    committed to remain out of jail, except that he
    may, when a defendant is committed for want of
    bail, or when he arrests in a bailable case, give
    the person arrested a reasonable time to procure
    bail but he shall so guard the accused as to
    prevent escape.

73
Deputy CCP 2.20
  • 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, the duties of that office, as to all
    proceedings under the criminal law, devolve upon
    the officer who, under the law, is empowered to
    discharge the duties of sheriff, in case of
    vacancy in the office

74
Investigation of certain reports of child
abuse CCP 2.27
75
Duties regarding misused identity - CCP 2.28
76
6.2.4 List the duties of peace officers relating
to Racial Profiling.
77
Racial profiling
78
Racial profiling CCP 3.05
79
Racial profiling prohibited CCP 2.131
80
Law enforcement policy on racial profiling CCP
2.132
81
Reports required for traffic and pedestrian
Stops CCP 2.133
82
Liability CCP 2.136
83
6.2.5 List the duties of peace officers relating
to Forfeiture of Contraband.
84
Forfeiture of contraband
85
Definitions CCP 59.01
86
Forfeiture of contraband CCP 59.02
87
Seizure of contraband CCP 59.03
88
Notification of forfeiture proceeding CCP 59.04
89
Unit Goal 6.3 The student will have a general
understanding of the courts and their criminal
jurisdiction.
90
6.3.1 Identify courts which have criminal
jurisdiction.
91
What courts have criminal jurisdiction CCP 4.01
92
6.3.2 Identify the jurisdiction of the Courts of
Appeals.
93
Courts of appeals CCP 4.03
94
6.3.3 Identify the jurisdiction of the Court of
Criminal Appeals.
95
Court of criminal appeals CCP 4.04
96
6.3.4 Identify the jurisdiction of District
Courts.
97
Jurisdiction of district courts CCP 4.05
98
6.3.5 Identify the jurisdiction of the County
Courts.
99
Jurisdiction of county courts CCP 4.07
100
Appellate jurisdiction of county courts CCP 4.08
101
Appeals from inferior courts CCP 4.09
102
6.3.6 Identify the jurisdiction of the Justice
Courts.
103
Jurisdiction of justice courts CCP 4.11
104
Misdemeanor cases CCP 4.12
105
Justice may forfeit bond CCP 4.13
106
6.3.7 Identify the jurisdiction of Municipal
Courts.
107
Municipal court CCP 4.14
108
Unit Goal 6.4 The student will have a general
understanding of the procedures to be followed in
the prevention and suppression of offenses.
109
6.4.1 List the duties of officers relating to
Family Violence Prevention.
110
Legislative statement CCP 5.01
111
Definitions CCP 5.02
112
Family or household relationship does not create
an exception to official duties CCP 5.03
113
Duties of peace officers CCP 5.04
114
Standby assistance liability CCP 5.045
115
Reports and records CCP 5.05
116
Venue for protective order offenses CCP 5.07
117
6.4.2 List the duties of officers relating to
threats of injury or death to persons or damage
to property.
118
Threat duties
119
Duty of peace officer as to threats CCP 6.05
120
Peace officer to prevent injury CCP 6.06
121
Conduct of peace officer CCP 6.07
122
Protective order prohibiting offense caused by
bias or prejudice CCP 6.08
123
6.4.3 The student will be able to list the
duties of officers relating to Suppression of
Riots and Other Disturbances.
124
Disturbances duties
125
Officer may require aid CCP 8.01
126
Dispersing riot CCP 8.04
127
Officer may call aid CCP 8.05
128
Means adopted to suppress CCP 8.06
129
Unlawful assembly CCP 8.07
130
Power of special constables CCP 8.09
131
6.4.4. List the duties of officers relating to
Protective Orders for Victims of Sexual Assault.
132
Protective order duties
133
Application for protective order - CCP 7A.01
134
Temporary ex parte order - CCP 7A.02
135
Required findings issuance of protective order -
CCP 7A.03
136
Application of other law - CCP 7A.04
137
Conditions specified by order - CCP 7A.05
138
Warning on protective order - CCP 7A.06
139
Unit Goal 6.5 The student will have a basic
knowledge of the time limitations relating to
felonies and misdemeanors.
140
6.5.1 Identify the time limitations relating to
Felony Offenses.
141
Felonies CCP 12.01
142
6.5.2 Identify the time limitations relating to
Misdemeanor Offenses.
143
Misdemeanors CCP 12.02
144
6.5.3 Identify the time limitations relating to
Aggravated Offenses, Attempt, Conspiracy,
Solicitation, Organized Criminal Activity.
145
Aggravated offenses, attempt, conspiracy,
solicitation, organized criminal activity CCP
12.03
146
Unit Goal 6.6 The student will have a basic
knowledge of the requirements and procedures for
arrests without and with a warrant of arrest.
147
6.6.1 List the duties of officers relating to
Arrest Without Warrant.
148
Arrest without warrant duties
149
Offense within view CCP 14.01
150
Within view of magistrate CCP 14.02
151
Authority of peace officers CCP 14.03
152
Public intoxication CCP 14.031
153
When felony has been committed CCP 14.04
154
Rights of officer CCP 14.05
155
Arrest by peace officer from other
jurisdiction CCP 14.051
156
Must take offender before magistrate CCP 14.06
157
6.6.2 List the duties of officers relating to
Arrest Under Warrant.
158
Arrest under warrant duties
159
Warrant of arrest CCP 15.01
160
Requisites of warrant CCP 15.02
161
Magistrate may issue warrant or summons CCP 15.03
162
Warrant extends to every part of the state CCP
15.06
163
Warrant issued by other magistrate CCP 15.07
164
Warrant may be telegraphed CCP 15.08
165
Complaint by telegraph CCP 15.09
166
Warrant or complaint must be under seal CCP 15.12
167
How warrant is executed CCP 15.16
168
Duties of arresting officer and magistrate CCP
15.17
169
Arrest for out-of-county offense CCP 15.18
170
Notice of arrest CCP 15.19
171
Duty of sheriff receiving notice CCP 15.20
172
Prisoner discharged if not timely demanded CCP
15.21
173
When a person is arrested CCP 15.22
174
Time of arrest CCP 15.23
175
What force may be used CCP 15.24
176
May break door CCP 15.25
177
Authority to arrest must be made known CCP 15.26
178
Notification to schools required CCP 15.27
179
Unit Goal 6.7 The student will have a basic
knowledge of the requirements and procedures for
search warrants.
180
6.7.1 List the duties of officers relating to
Search Warrants.
181
Search warrant duties
182
Search warrant CCP 18.01
183
Grounds for issuance CCP 18.02
184
Issuance of search warrant to photograph injured
child CCP 18.021
185
Search warrant may order arrest CCP 18.03
186
Contents of warrant CCP 18.04
187
Warrants for fire, health, and code
inspections CCP 18.05
188
Execution of warrants CCP 18.06
189
Days allowed for warrant to run CCP 18.07
190
Power of officer executing warrant CCP 18.08
191
Shall seize accused and property CCP 18.09
192
How return made CCP 18.10
193
Custody of property found CCP 18.11
194
Testing for communicable diseases following
certain arrests - CCP 18.22
195
Unit Goal 6.8 The student will have a basic
understanding of court processes as they relate
to criminal offenses.
196
6.8.1 Explain court papers relating to offenses.
197
Court papers relating to offenses
198
Complaint CCP 15.04
199
Requisites of complaint CCP 15.05
200
Requiring polygraph examination of complainant
prohibited CCP 15.051
201
Commitment CCP 16.20
202
Indictment CCP 21.01
203
Information CCP 21.20
204
Information based upon complaint CCP 21.22
205
Joinder of certain offenses CCP 21.24
206
Definition of a capias CCP 23.01
207
Its requisites CCP 23.02
208
6.8.2 Explain court papers relating to witnesses.
209
Court papers relating to witnesses
210
Issuance of subpoenas CCP 24.01
211
Subpoenas child witnesses CCP 24.011
212
Subpoena duces tecum CCP 24.02
213
Service and return of subpoena CCP 24.04
214
Refusing to obey CCP 24.05
215
Requisites of an attachment CCP 24.11
216
Duty of officer receiving said subpoena CCP 24.17
217
6.8.3 Explain the bail procedure.
218
Bail procedure
219
Definition of bail CCP 17.01
220
Release on bond of certain persons arrested
withouta warrant CCP 17.033
221
Rules for fixing amount of bail CCP 17.15
222
Bail in misdemeanor CCP 17.20
223
Bail in felony CCP 17.21
224
May take bail in felony CCP 17.22
225
Accused liberated CCP 17.29
226
Further detention of certain persons CCP 17.291
227
Magistrates order for emergency protection CCP
17.292
228
Crime victim's rights CCP 56.02 (a)(2), (4)
229
Unit Goal 6.9 The student will understand the
process relating to Inquests Upon Dead Bodies.
230
6.9.1 Identify requirements for an Inquest.
231
Inquest requirements
232
Definitions - CCP 49.01
233
Applicability - CCP 49.02
234
Deaths requiring an inquest - CCP 49.04
235
Time and place of inquest removal of property
and body from place of death - CCP 49.05 (d),
(e), (f)
236
Hindering an inquest - CCP 49.06
237
Notification of investigating official - CCP
49.07
238
Evidence - CCP 49.17
239
Death in custody - CCP 49.18
240
Warrant of arrest - CCP 49.19
241
Office of death investigator - CCP 49.23
242
Medical examiners - CCP 49.25 Sections 6, 7, 8,
and 12
243
Unit Goal 6.10. The student will understand
the process relating to the Sex Offender
Registration Program.
244
6.10.1. Identify requirements for Sex Offenders.
245
Sex offender requirements
246
Definitions - CCP 62.01 (1), (4), (5), and (6)
247
Registration - CCP 62.02 (b)
248
Failure to comply with registration requirements
- CCP 62.10
249
Failure to comply individuals subject to
commitment - CCP 62.101
250
"What the mind of man can conceive and believe,
it can achieve."    - Napolean Hill
About PowerShow.com