6. Code of Criminal Procedure (16 hrs.)

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6. Code of Criminal Procedure (16 hrs.)

• TCLEOSE LEARNING OBJECTIVES
• 02/27/04

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• 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.

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• 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.

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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).
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6.1.1 Identify the basis for administration of
criminal procedure in Texas.
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Basis for criminal procedure administration
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Short title CCP 1.01

• This Act shall be known, and may be cited, as the
  "Code of Criminal Procedure".

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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.

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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

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6.1.2 Identify the basic rights enumerated in
the CCP.
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Basic rights
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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.

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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.

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Right to representation of counsel CCP 1.051
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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.

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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.

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Habeas corpus CCP 1.08

•      The writ of habeas corpus is a writ of right
  and shall never be suspended.

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Cruelty forbidden CCP 1.09

• Excessive bail shall not be required, nor
  excessive fines imposed, nor cruel or unusual
  punishment inflicted.

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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

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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

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Right to jury CCP 1.12

• The right of trial by jury shall remain inviolate

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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.

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Waiver of rights CCP 1.14
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Waiver of indictment for noncapital felony CCP
1.141
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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.

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Liberty of speech and press CCP 1.16
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Religious belief CCP 1.17
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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.

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Privilege of legislators CCP 1.21
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Dignity of state CCP 1.23
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Public trial CCP 1.24

• The proceedings and trials in all courts shall be
  public.

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Confronted by witnesses CCP 1.25
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Common law governs CCP 1.27
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Unit Goal 6.2 The student will have an
understanding of the general duties and
responsibilities for officers as enumerated by
the CCP.
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6.2.1 Identify who are Magistrates and their
duties.
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Magistrates and their duties
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Who are magistrates CCP 2.09
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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.

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Examining court CCP 2.11
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6.2.2 Identify who are Peace Officers.
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Who are peace officers?
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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

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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

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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

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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

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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

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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

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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).

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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.

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•      (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.

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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.

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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.

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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

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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.

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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.

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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).

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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.

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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.

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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.

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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.

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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.

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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

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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

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•      (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