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TCOLE Certified CCP (Texas Commission on Law
Enforcement) Questions and Well-Solved Solutions
Duty of magistrates CCP 2.10 - 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
Examining court CCP 2.11 - 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 - 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 - 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 - 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 - 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 - 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 - 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)
Deputy CCP 2.20 - 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 - 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 - 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 - 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 - 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. - 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 - ANSWER>>A peace officer may not engage in racial profiling.
Liability CCP 2.136 - 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 - 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 - ANSWER>>The primary duty of a peace officer who investigates family violence allegation is to protect any potential victim of
persons to disperse by commanding them or arresting the engaged, with or without warrant.
Officer may call aid CCP 8.05 - ANSWER>>The officer may call to his aid the power of the county when dispersing a riot.
Means adopted to suppress CCP 8.06 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - ANSWER>>The peace officer shall take the person arrested or have him taken without unnecessary delay, but
Warrant or complaint must be under seal CCP 15.12 - ANSWER>>Whoever issues a warrant or complain must be under seal. Whoever issues it needs to put their mark on it. No manager of a telegraph officer shall receive and forward a warrant or complaint unless it is under the seal of the court.
Arrest for out-of-county offense CCP 15.18 - ANSWER>>If a person is arrested for an out of county offense he will be held in jail until that jurisdiction comes to pick him up. On the 11th day he shall be released if no arrangements have been made. However if the jurisdiction has some reason justifying a reason for a need to pick him up after 10 days, they can explain that and the extension will be granted.
Time of arrest CCP 15.23 - ANSWER>>Anytime, any day, anywhere, day and night... let's go
What force may be used CCP 15.24 - ANSWER>>In making an arrest, all reasonable means are permitted to be used to effect it. No greater force, however, shall be resorted to than is necessary to secure the arrest and detention of the accused.
May break door CCP 15.25 - ANSWER>>In case of felony, the officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose.
Authority to arrest must be made known CCP 15.26 - ANSWER>>In executing a warrant of arrest, it shall always be made known to the accused under what the authority of the arrest is made.
Notification to schools required CCP 15.27 - ANSWER>>When a juvenile is arrested the officer or agency shall notify verbally the school within 24 hours. It should always be confidential. A written report may be generated and delivered within seven days after the date the oral notice is given. It shall be personal and confidential and this is done for protection of the teachers.
Search warrant CCP 18.01 - ANSWER>>A search warrant is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate. Probable cause must be established needs to exist and the substantial facts establishing probable cause shall be filed in every instance a search warrant is issued.
Issuance of search warrant to photograph injured child CCP - ANSWER>>officer executing the warrant may be accompanied by a photographer who is employed by a law enforcement agency and who acts under the direction of the officer executing the warrant. The photographer is entitled to access to the child in the same manner as the officer executing the warrant. A search warrant under this section must be the same sex as the alleged victim. The person assisting the officer must be acting under the direction of the officer and must be with the alleged victim during the photographs.
Power of officer executing warrant CCP 18.08 - ANSWER>>In executing the warrant the officer may call to his aid any number of citizens in the county.
Shall seize accused and property CCP 18.09 - ANSWER>>The officer shall also arrest any person who he is directed to arrest by the warrant and immediately take such person before the magistrate. Seizure will mean the restraint of property by physical force or authority.
Testing for communicable diseases following certain arrests CCP 18.22 - ANSWER>>Testing for communicable diseases can be ordered by an officer if he is exposed to a possible disease. If the offender has AIDS for example the test commanded by the officer is inadmissible in court, however previous tests will be admissible in court.
Complaint CCP 15.04 - ANSWER>>The affidavit made before the magistrate or district or county attorney is called a "complaint" if it charges the commission of an offense.
Requisites of complaint CCP 15.05 - ANSWER>>It must state the name of the accused. It must show that the accused has committed some offense against the lwas of the state, either directly or that the affiant has good reason to believe. It must state the time and place of the commission of the offense, as definitely as can by the defiant. It must be signed by the affiant by writing his name or affixing his mark.
Registration CCP 62.051 (b) - ANSWER>>A sex offender must register once a year and must continue doing so until death.
Failure to comply with registration requirements CCP 62.102 - ANSWER>>It's a state jail felony if the actor whose duty to register expires. It's a third degree felony if the actor whose duty to register expires when they have been convicted of a sexually violent offense or continued sexual assault. It's a second degree felony if the actor whose duty to register expires and who is required to verify registration every 90 day period. If the person recommits the offense while under these stipulations the degree of the crime will be increased.
Failure to comply: individuals subject to commitment CCP 62.203 - ANSWER>>A person who commits an offense if this person, after commitment as asxually violent predator but before the person is released from all requirements of the civil commitment process fails to comply with any requirement of this chapter is subject to a Second Degree felony.
When a magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called a(n)
. - ANSWER>>examining court
The director of the Department of Public Safety may appoint up _________to who are employed by a railroad company. - ANSWER>>
A peace officer who investigates or respond to a family violence call shall give written notice of a victim's. _ - ANSWER>>legal rights
A situation in which law enforcement stands by to keep the peace during a civil dispute. - ANSWER>>civil standby (CCP 5.045)
A peace officer has a duty to prevent an injury or an offense and may call on for help if need be. - ANSWER>>citizens
Who may call any military company in the county to aid him in overcoming resistance? - ANSWER>>the sheriff
A peace officer may arrest without warrant, when a felony or breach of the peace has occurred in the presence or within view of a _ ___and such verbally orders the arrest of the offender. - ANSWER>>magistrate magistrate
Where it is shown by satisfactory proof to a peace officer, upon representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, a peace officer may pursue and arrest without a warrant. T or F. - ANSWER>>T
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>>Warrant of arrest
What are the requisites of an arrest warrant? (4 things) - ANSWER>>1)It is issued in the name of "The State of Texas" 2)must specify name of person or have some reasonably definite description 3)must state that person is accused of some offense against the laws of the state and name the offense 4)must be signed by a magistrate and his office be named in the body of the warrant (CCP 15.02)
The affidavit made before the magistrate or district or county attorney charging a person with the commission of an offense. - ANSWER>>complaint
A warrant of arrest issued by any county or district clerk, or by an magistrate (except a mayor), - ANSWER>>Any port of the state
When a warrant is issued by any mayor of an incorporated city or town, it cannot be executed in another other than the one in which it was issued. - ANSWER>>County
The officer or person executing a warrant of arrest shall without ____take the person or have him taken before a magistrate. - ANSWER>>unnecessary delay
A search warrant for something other than DNA must be executed within how many days? - ANSWER>>3 days excluding 1 day for warrants issuance and 1 day for its execution.
A search warrant for DNA must be executed within how many days? - ANSWER>>15 days excluding 1 day for warrants issuance and 1 day for its execution.
Who has a right to prevent the consequence of theft by seizing any property that has been stolen and bringing it, with the person suspected of theft, before a magistrate or a peace officer? - ANSWER>>Any person
The post mortem examination of the body of a person. - ANSWER>>autopsy
Seized contraband that can be recovered by the owner. - ANSWER>>Replevin
VICTIMS OF SEXUAL CRIMES ADOPT A PSEUDONYM TO BE USED IN PROCEEDINGS. - ANSWER>>YES
DO CRIME VICTIMS HAVE THE RIGHT TO PROMPT RETURN OF ANY PROPERTY BY LE OFFICERS AFTER ITS USE OF EVIDENCE IS COMPLETED - ANSWER>>YES, THEY HAVE THE RIGHT AUTOMATICALLY
DO CRIME VICTIMS AUTOMATICALLY HAVE THE RIGHT TO BE PRESENT AT COURT
PROCEEDINGS RELATED TO THE OFFENSE - ANSWER>>NO, SUBJECT TO APPROVAL
BY THE JUDGE
