Free TCOLE Code of Criminal Procedure Questions and Answers — Questions and Answers
Question 1: According to the Texas Code of Criminal Procedure, which of the following is NOT a primary duty of a peace officer?
- To interpret laws for citizens (Correct answer)
- To preserve the peace within the officer's jurisdiction
- To arrest offenders without a warrant where authorized by law
- To interfere without a warrant to prevent or suppress crime
Correct answer: To interpret laws for citizens
Texas Code of Criminal Procedure Art. 2.13 outlines the duties and powers of a peace officer. These duties include preserving the peace, interfering to prevent crime, executing lawful process, giving notice of offenses to a magistrate, and arresting offenders. Interpreting laws for citizens is a function of the judicial system, not a primary duty of a peace officer.
Question 2: An officer is dispatched to a scene where a person has died under unnatural circumstances. According to Chapter 49 of the Code of Criminal Procedure, what is the official term for the investigation into the cause and circumstances of the death?
- Autopsy
- Inquest (Correct answer)
- Death Certificate Review
- Homicide Investigation
Correct answer: Inquest
As defined in the Texas Code of Criminal Procedure, Chapter 49, an 'inquest' is an investigation into the cause and circumstances of a person's death to determine if it was caused by an unlawful act or omission. An autopsy is a part of this investigation, but the overall process is the inquest.
Question 3: A peace officer stops a vehicle for a traffic violation. During the stop, the officer develops probable cause to believe the driver has committed a felony offense unrelated to the traffic stop. Under which article of the Code of Criminal Procedure is the officer most clearly authorized to make a warrantless arrest?
- Art. 18.01 - Search Warrant
- Art. 15.22 - When a Person is Arrested
- Art. 17.15 - Rules for Fixing Amount of Bail
- Art. 14.03 - Authority of Peace Officers (Correct answer)
Correct answer: Art. 14.03 - Authority of Peace Officers
Article 14.03 of the Code of Criminal Procedure grants peace officers the authority to arrest without a warrant under several circumstances, including when persons are found in suspicious places and under circumstances which reasonably show they have been guilty of some felony.
Question 4: Which of the following is a key consideration a magistrate must take into account when setting the amount of bail for a defendant, according to CCP Art. 17.15?
- The defendant's political affiliations
- The future safety of the victim and the community (Correct answer)
- The media coverage of the alleged offense
- The opinion of the arresting officer on guilt
Correct answer: The future safety of the victim and the community
Texas Code of Criminal Procedure Art. 17.15 explicitly lists the rules for setting bail. Among these rules are the nature of the offense, the ability to make bail, and that the future safety of a victim and the community shall be considered. The other options are not legal considerations for setting bail.
Question 5: Under the Code of Criminal Procedure Art. 15.22, a person is considered to be under arrest when they have been:
- Issued a citation for a traffic offense
- Read their Miranda rights by an officer
- Actually placed under restraint or taken into custody (Correct answer)
- Identified as a suspect in an ongoing investigation
Correct answer: Actually placed under restraint or taken into custody
Art. 15.22 of the Code of Criminal Procedure defines an arrest as the moment a person has been 'actually placed under restraint or taken into custody' by an officer, either with or without a warrant. The other options do not, by themselves, constitute an arrest.
Question 6: A search warrant is a written order issued by a magistrate. Which of the following is NOT a legally sufficient ground for the issuance of a search warrant under CCP Art. 18.02?
- To search for and seize property acquired by theft
- To search for a person to settle a private debt (Correct answer)
- To search for and seize implements used in the commission of a crime
- To search for and seize contraband subject to forfeiture
Correct answer: To search for a person to settle a private debt
Article 18.02 lists the specific grounds for issuing a search warrant. These grounds are all related to criminal investigations, such as seizing stolen property, instruments of a crime, or contraband. Using a search warrant to settle a private, civil matter like a debt is not a permitted use.
Free TCOLE Code of Criminal Procedure Questions and Answers
According to the Texas Code of Criminal Procedure, which of the following is NOT a primary duty of a peace officer?