Code of Criminal Procedure
CCP 1.24 PUBLIC TRIAL
-Proceedings/trials in all courts shall be public -This right may be enforced by defense counsel/public/media
CCP 6.05 DUTY OF PEACE OFFICER AS TO THREATS
-Informed in any manner that a threat has been made by a person to injure self/others/property of another -Duty to prevent the threatened injury if within the officer's power -May call citizens to aid
CCP 15.02 REQUISITES OF WARRANT
-Issuance in name of State of Texas -Name of person -State accused of some offense against laws of state, naming offense -Signed by magistrate
CCP 49.17 EVIDENCE
-JP shall preserve evidence in course of inquest that shows real cause of death or ID person who caused death -JP shall deposit evidence with LEO/deliver to district clerk for safekeeping
CCP 2.09 MAGISTRATES
-Justice of Supreme: CCA; CoA -District courts -County courts -CCL Judges -Municipal/JP -Mayor
CCP 14.051 ARREST BY PEACE OFFICER FROM OTHER JURISDICTION
-LEO from another state who is authorized by law to arrest for felonies/in fresh pursuit may continue into TX and arrest the person
CCP 5.045 STANDBY ASSISTANCE
-LEO may stay with victim to protect/allow to take personal property to safe place -NOT civilly liable for act/omission of officer that arises in connection with assistance -NOT liable criminally/civilly for wrongful appropriation of property
CCP 14.01 OFFENSE WITHIN VIEW
-LEO may without warrant arrest for offense committed within view/presence -Citizens can arrest for felonies/breach of peace ONLY
CCP 6.07 CONDUCT OF PEACE OFFICER
-May use same amount of force the person about to be injured could use to protect self -Rules of self defense - defense of others -Offense about to be committed within view of LEO
CCP 1.09 CRUELTY FORBIDDEN
-No excessive bail/fines -No cruel/unusual punishment inflicted -8th Amendment to U.S. Constitution
CCP 1.17 RELIGIOUS BELIEF
-No person disqualified to give evidence in any court of this State based on religious opinions or lack thereof -Oaths/affirmations shall be administered in a manner binding upon the conscience
CCP 1.04 DUE COURSE OF LAW
-No person shall be deprived of life/liberty/property/privileges/immunities or in any manner disfranchised except by the due course of law of the land -Same as due process - 5th/14th Amendments to U.S. Constitution
CCP 49.05 TIME/PLACE OF INQUEST: REMOVAL OF PROPERTY/BODY FROM PLACE OF DEATH
-Once notified of death requiring inquest LEO shall begin investigation immediately -LEO may not remove body w/o authorization from JP unless emergency -Class C to move body w/o authorization
CCP 2.10 DUTY OF MAGISTRATE
-Preserve peace within jurisdiction by all lawful means -Issue all process intended to aid in preventing/suppressing crime -Cause arrest of offenders by use of lawful means in order that they may be punished
CCP 6.06 DUTY OF PEACE OFFICER TO PREVENT INJURY
-Prevent offense against person/property -Offense occurs presence or within view of LEO -May summon citizens aid -Must use amount of force necessary to prevent but no greater
CCP 18.02 GROUNDS FOR ISSUANCE
-Property acquired by theft/other offense -Property designed/made/commonly used in offense -Arms/munitions kept for riot/insurrection -Weapons prohibited -Gambling equipment/paraphernalia -Obscene materials kept/prepared commercial distribution/exhibition -Drugs/controlled substance -Property the possession of is prohibited -Implements/instruments used in crime -Property/items constituting evidence of offense or evidence showing person committing crime -Persons -Contraband subject to forfeiture -Electronic customer data in electronic storage -Cell phone/wireless device
CCP 5.04 DUTIES OF PEACE OFFICERS
-Protect potential victim -Enforce laws in state -Enforce PO -Make lawful arrests Determine if address is foster home, advise victim all reasonable means to prevent; give written notice of legal rights/remedies and availability of shelters Notice given in ENGLISH & SPANISH
CCP 4.04 COURT OF CRIMINAL APPEALS
-Review decisions of Courts of Appeal -All death penalty cases -Writs of Habeas Corpus -In criminal law matters - writs of mandamus
CCP 1.051 RIGHT TO REPRESENTATION
-Right to be represented by counsel in an adversarial judicial proceeding -If indigent and punishment could result in imprisonment, court must appoint counsel if indigent
CCP 18.065 EXECUTION OF WARRANT ISSUED BY DISTRICT JUDGE FOR DNA SPECIMEN
-Search warrant to connect person to offense to be executed in any TX county
CCP 1.06 SEARCHES AND SEIZURES
-Secure in their persons/houses/papers/possessions from all unreasonable search and seizures -No warrant may issue without probable cause
CCP 2.17 CONSERVATOR OF THE PEACE
-Sheriff shall be conservator of peace in his county -Arrest offenders within his view/hearing -Quell/suppress assaults/batteries/insurrections/unlawful assemblies -Apprehend/commit to jail offenders until trial/examination
CCP 2.12 WHO ARE PEACE OFFICERS
-Sheriff/deputy/reserve -Constable/deputy/reserve -Marshal/PD -DPS/Texas Rangers/reserve corps -Investigators for DA/CA offices -TABC -Arson investigators -School LE -GW/PPO -Airport LE -Municipal parks -Officers/investigators commissioned by comptoller -Water district LE -Officers commissioned under Transportation code -Officers commissioned by Texas medical board -County park rangers -Officers with Texas racing commission -Officers commissioned under occupations code -Rapid Transit LE -Investigators with AG -Officers with Texas lottery commission -Officers commissioned by Appellate court -Fire Marshal -Investigators with Dept of insurance -TJJD apprehension specialist -Investigators with Inspector General/TDCJ -Dental examiners with LE -Investigators with TJJD
CCP 1.05 RIGHTS OF ACCUSED
-Speedy public trial by an impartial jury -To know the charges against him and be provided a copy -Not be compelled to give evidence against self -To be represented by counsel/himself/both -Confronted by witness -Subpoena witnesses on his behalf -If felony, indictment by Grand Jury
CCP 2.121 RAILROAD PEACE OFFICERS
-Up to 250 may be appointed by Director of DPS -Aid LE agencies in protection of RR property/persons
CCP 1.25 CONFRONTED BY WITNESSES
-Upon trial -Defendant shall be confronted with the witnesses -Exception; limited cases provided in the CCP where depositions have been taken
CCP 15.06 WARRANT EXTENDS TO EVERY PART OF STATE
-Warrant issued by any county/district clerk/magistrate shall extend to any part of the state -LEO whom the warrant is directed shall be authorized to execute the warrant in any county of the state
CCP 8.04 DISPERSING A RIOT
-Whenever persons assembled together in manner as to constitute a riot -Duty to cause them to disperse -Command/arrest with/without a warrant
CCP 4.12 MISDEMEANOR CASES; PRECINCT WHICH DEFENDANT BE TRIED
-Where offense committed -Where defendant/any of defendants reside -Written consent of prosecutor/defendant/attorney/other precinct -County with over 3.3 million people any precinct adjacent
CCP 18.01 SEARCH WARRANT
-Written order -Issued by magistrate -To LEO -Command to search -Seize and bring Issued only if: -Sufficient facts presented to satisfy magistrate -PC for issuance -Sworn affidavit -Open for inspection by public
CCP 15.01 WARRANT OF ARREST
-Written order from magistrate -Directed to LEO/other person -Commanding him to take body of person accused of offense -To be dealt with according to law
CCP 8.05 MAY CALL AID RIOT
-Disperse riot -Call aid power of county
CCP 4.07 JURISDICTION OF COUNTY COURTS
Original jurisdiction of all misdemeanors that have not been given to justice court -Class A/B
CCP 4.04 WRITS PROCEDENDO
Writ that orders a case back to a lower court to proceed with judgement
CCP 4.03 COURTS OF APPEALS
-14 courts -Criminal jurisdiction in their districts in all cases except death penalty -No case where appealed from county courts/fines is not greater than $100 unless sole issue if constitutionality of law
CCP 18.07 DAYS ALLOWED FOR WARRANT TO RUN
-15 days for DNA specimens -10 days for wiretap/trap/trace -3 days other search warrants
CCP 1.03 OBJECTS OF THE CODE
-Adopt measures for preventing commission of crime -To exclude the offender from all hope of escape -To insure a trial with as little delay as is consistent with the ends of justice -To bring the investigation of each offense on the trial all the evidence tending to produce conviction/acquittal -To insure a fair/impartial trial -The certain execution of the sentence of the law when declared
CCP 1.07 RIGHT TO BAIL
-All prisioners shall be bailable except on proff of capital offense -Art 17 of CCP
CCP 8.01 OFFICER MAY REQUIRE AID
-Any LEO -Resisted/sufficient reason to believe will meet resistance -Command citizens as necessary to aid in over coming resistance -Sheriff can call military company in county to aid
CCP 15.051 POLYGRAPH EXAMINATION
-Can request, but must tell complainant and they are not required to take it -Case will not be dismissed because complainant did not take polygraph -Complainant can only take polygraph if they sign a statement of understanding
CCP 2.18 CUSTODY OF PRISONER
-Committed to jail by warrant -Placed in jail by Sheriff -Violation of duty to permit defendant out of jail w/o first putting up bail -Guard as to prevent escape
CCP 2.122 SPECIAL INVESTIGATORS
-Criminal investigators of U.S. -NOT PEACE OFFICERS -Have powers of arrest/search/seizure under laws of TX as to felony offenses only -Includes Special agents: -FBI -Secret Service -U.S. Immigrations/customs enforcement -Bureau of Alcohol/tobacco/firearms -U.S. drug enforcement administration
CCP 2.20 DEPUTY
-Duties imposed upon Sheriff by Code -May lawfully be performed by his deputy
CCP 18.06 EXECUTION OF WARRANTS
-Execute without delay/return to proper magistrate -Executed within 3 days of issuance -Present copy to owner of place being searched -Make inventory of property seized and leave copy with owner/other -No one there/leave copy
CCP 5.01 LEGISLATIVE STATEMENT
-Family violence is a serious danger/threat to society. Victims of FV are entitled to maximum protection from harm/abuse/threat of same.
CCP 1.16 LIBERTY OF SPEECH AND PRESS
-Freedom to speak/write/publish opinion on any subject -No law passed to infringe on this right -1st Amendment to U.S. Constitution -CCP CH. 38 - Reporter's privilege
CCP 18.04 CONTENTS OF WARRANT
-In the Name of the State of Texas -ID what is to be seized/person/place/thing searched -Command LEO to search person/place/thing named -Dated/signed by magistrate
CCP 2.132 LE POLICY ON RACIAL PROFILING
LE agency shall adopt detailed written policy on racial profiling: -Define acts of racial profiling -Strictly prohibit -Complaint process -Provide public education to complaint process -Require corrective action against LEO who has engaged in racial profiling
CCP 3.05 RACIAL PROFILING
LE initiated action based on individual's race/ethnicity/national origin rather than on the individual's behavior/information identifying individual as having engaged in criminal activity
CCP 14.03 SUSPICIOUS PLACE/CIRCUMSTANCES
LEO MAY arrest w/o warrant: -Suspicious place under circumstances which reasonably show person has been guilty of felony/PI/breach of peace/disorderly conduct -Threaten/about to commit some offense against laws -Assault -Violation of PO not within LEO presence -Family violence -Interference with 911 call -Felony admission LEO SHALL ARREST: -Violation of PO within LEO presence -Verify allegations of FV/violation of PO
CCP 15.16 HOW WARRANT IS EXECUTED
LEO executing warrant will bring person before a magistrate: -One who issued warrant -Named in warrant -Some magistrate in county of arrest -Before a magistrate in county other than county of arrest
CCP 21.20 INFORMATION
A written statement filed/presented on behalf of State by DA/CA charging defendant with offense that may be prosecuted by law -Misdemeanors
CCP 15.23 TIME OF ARREST
ANYTIME
CCP 1.05 RIGHT TO BE HEARD - SELF/COUNSEL
Accused shall have the right of being heard by himself/counsel/both
CCP 15.04 COMPLAINT
Affidavit made before magistrate/county/district attorney is called a complaint if charges the commission of an offense
CCP 59.04 NOTIFICATION OF FORFEITURE PROCEEDING
Attorney representing state shall commence proceedings no later than 30 days after date of seizure
CCP 1.18 OUTLAWRY AND TRANSPORTATION
Cannot banish the defendant from the kindgom
CCP 14.04 WHEN FELONY HAS BEEN COMMITTED
LEO may pursue/arrest person accused of felony if: -Person giving information is credible -Offense must be felony -Offender about to escape -No time to get warrant
CCP 14.06 MUST TAKE OFFENDER BEFORE MAGISTRATE
LEO shall take person before magistrate w/o unnecessary delay: -Not later than 48hrs after arrest -So they can be magistrated
CCP 4.04 WRITS MANDAMUS
Commands inferior courts/corporation/person to perform/refrain from performing an act
CCP 49.25 MEDICAL EXAMINERS
Counties with population over 1 million and not having a reputable medical school shall establish office of the medical examiner
CCP 24.02 SUBPOENA DUCES TECUM
Directs the witness to bring any writing/other thing desired as evidence to bring with them and produce it in court
CCP 4.05 DISTRICT COURTS
District/criminal district courts have original jurisdiction: -Felony cases -Misdemeanors involving official misconduct -Misdemeanor cases transferred under CCP 4.17
CCP 1.21 PRIVILEGE OF LEGISLATORS
During session of legislature, senators/representatives are privileged from arrest unless case of treason/felony/breach of the peace
CCP 5.03 NO EXCEPTION
Fact that offender/victim are related or members of same household does not WAIVE/EXCEPT a LEO from performing duty
CCP 14.05 RIGHTS OF OFFICERS
Lawful arrest w/o warrant LEO is justified in using all measures he might adopt in cases of arrest with warrant EXCEPT may not enter a residence unless: -Resident consent -Exigent circumstances
CCP 14.031 PUBLIC INTOXICATION
May release person if: -Believe detention in penal facility is unnecessary for protection of person/others -Person released to care of adult/facility who agrees to assume responsibility for person
CCP 24.01 ISSUANCE OF SUBPEONAS
May summon 1 or more persons to appear: Before court to testify in criminal action on specified day: -Examining court -Coroner's inquest -Grand jury -Habeas corpus hearing/other proceeding
CCP 4.04 WRITS CERTORARI
Order higher court issues to review lower courts decision
CCP 16.20 COMMITMENT
Order signed by magistrate directing sheriff to receive/place in jail person so committed. -Name of State of Texas -Addressed to sheriff of county -State offense/name defendant -Time/place court will be held -If sent out of county, no safe jail in proper county -Bail amount if granted
CCP 15.22 WHEN A PERSON IS ARRESTED
Person is arrested when he is actuallyplaced under restraint/taken into custody by LEO/person executing warrant/arrest or by LEO arresting w/o warrant
CCP 2.11 EXAMINING COURT
When magistrate sits for the purpose of inquiring into criminal accusation
CCP 24.05 REFUSING TO OBEY
Witness refuses to obey subpoena they may be fined: Felony case - $500 Misdemeanor case - $100
CCP 23.01 CAPIAS
Writ issued by judge of court having jurisdiction of case after commitment/bail and before trial -Directed to any LEO to arrest person accused of offense and bring them before the court immediately or date stated in writ
CCP 5.05 REPORTS AND RECORDS
Investigate/respond to call that may involve family violence -Notify DFPS/CPS if foster home -Notify military officials if in military -Notify DPS bureau of ID/records Validity of PO: -LEO shall accept certified copy of original/modified order as proof of validity -Presumed order remains valid unless termination date has passed/more than 1yr/clerk notifies order has been vacated by court
CCP 21.01 INDICTMENT
Written statement of grand jury accusing person of some act/omission that may be prosecuted by law -Felonies
CCP 2.13 DUTIES AND POWERS
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. -In every case authorized, interfere w/o warrant to prevent/suppress crime -Execute all lawful process issued by court/magistrate -Give notice to magistrate when good reason to believe violation of penal law -Arrest offenders w/o warrant when authorized by law to be taken before magistrate and tried -Take possession of missing child -Shall execute EDO -In course of investigation criminal offense officer may inquire nationality/immigration status of victim/witness
CCP 49.04 DEATHS REQUIRING AN INQUEST
JP shall conduct inquest on death of person who dies: -In prison served by the justice -Dies unnaturally -Body/part found cause of death unknown -Death may have been caused by unlawful means -Suicide -Death while attended by physician who is unable to certify cause of death -Child younger than 6 if unexpected/result of abuse/neglect
CCP 1.02 EFFECTIVE DATE
January 1, 1966 Governs all criminal proceedings
CCP 17.15 RULES FOR FIXING AMOUNT OF BAIL
HONAS -High enough to assure accused will return -Oppression -Nature of offense/circumstance -Ability to make bail -Safety of victim/community
CCP 14.06 MUST TAKE BEFORE MAGISTRATE (EXCEPTION)
If charged with Class C officer may issue citation that contains written notice of time/place the person must appear before magistrate If offender lives in county where offence occurred LEO may issue citation for: -Class A/B POM -Class B Criminal mischief/graffiti/theft/theft of service/contraband in jail/DWLI
CCP 15.26 AUTHORITY TO ARREST MUST BE MADE KNOWN
In executing warrant: -Authority must be made known to defendant -Need not have warrant in possession by must show defendant upon request -If not in possession inform defendant of offense and fact warrant was issued -Arrest warrant/affidavit presented to magistrate are public info -Immediately after warrant execution magistrate's clerk will make available for public inspection
CCP 15.24 WHAT FORCE MAY BE USED
In making an arrest: -All reasonable means -No greater force than necessary
CCP 4.04 WRITS PROHIBITION
Prohibits a lower court from proceeding in a case
FRESH PURSUIT
Pursuit w/o unreasonable delay by LEO of a person the LEO reasonably suspects has committed a felony
CCP 1.12 RIGHT TO JURY
The right to trial by jury shall remain inviolate
CCP 5.07 VENUE FOR PROTECTIVE ORDERS
Venue for violations of PO/conditions of bond is in the county in which the order was issued OR in county where offense committed
CCP 15.08 WARRANT MAY BE FORWARDED
Warrant may be forwarded by any method that ensures the transmission of a duplicate of the original warrant including: -Facsimile/telegraph/secure electronic transmission
CCP 15.07 WARRANT ISSUED BY OTHER MAGISTRATE
Warrant of arrest issued by mayor cannot be executed in another county than the one issued in unless: -Endorsed by county/district judge -Endorsed by magistrate in county where accused found may be executed there