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 a peace officer authorized to do when an offense is committed within their view?
- Issue a citation and release the offender immediately.
- Arrest the offender without a warrant. (Correct answer)
- Use any amount of force necessary to make the arrest.
- Wait for a warrant to be issued before taking any action.
Correct answer: Arrest the offender without a warrant.
Texas Code of Criminal Procedure Art. 14.01(b) explicitly states that a peace officer may arrest an offender without a warrant for any offense committed in the officer's presence or within their view.
Question 2: An officer arrests an individual for a felony offense and transports them to the county jail. According to the Code of Criminal Procedure, the officer or the person having custody of the arrested individual must take them before a magistrate without unnecessary delay, but not later than how many hours after the arrest?
- 12 hours
- 24 hours
- 48 hours (Correct answer)
- 72 hours
Correct answer: 48 hours
Article 15.17 of the Code of Criminal Procedure mandates that an arrested person must be taken before a magistrate without unnecessary delay, and in any case, no later than 48 hours after the arrest. The magistrate will then inform the person of their rights.
Question 3: Which of the following is a required element for a 'complaint' under the Texas Code of Criminal Procedure?
- It must be signed by a grand jury foreman.
- It must be a sworn allegation charging the accused with an offense. (Correct answer)
- It must include a list of all potential witnesses.
- It can be a verbal statement made to any peace officer.
Correct answer: It must be a sworn allegation charging the accused with an offense.
According to the Code of Criminal Procedure (e.g., Art. 15.04 and 45.018), a complaint is defined as a sworn affidavit or allegation made before a magistrate or district/county attorney that charges the commission of an offense.
Question 4: A peace officer is preparing a sworn affidavit to obtain a search warrant. According to Chapter 18 of the Code of Criminal Procedure, what is the standard of proof that must be established in the affidavit for the magistrate to issue the warrant?
- Reasonable suspicion
- Beyond a reasonable doubt
- Preponderance of the evidence
- Probable cause (Correct answer)
Correct answer: Probable cause
Article 18.01(b) of the Texas Code of Criminal Procedure requires that a sworn affidavit setting forth substantial facts establishing probable cause be filed in every instance where a search warrant is requested.
Question 5: During a lawful arrest, a peace officer takes possession of the suspect's personal property. Which of the following best describes the officer's duty regarding this property?
- The officer may keep any property valued under $100.
- The property must be immediately destroyed if it is not evidence.
- The officer has a duty to protect the suspect's property. (Correct answer)
- The property becomes owned by the law enforcement agency.
Correct answer: The officer has a duty to protect the suspect's property.
While not a single, direct article, the collective duties of a peace officer under the Code of Criminal Procedure and established case law create a duty of care for a suspect's property taken during an arrest. This falls under the general duty to lawfully execute their responsibilities and protect the rights of all individuals, which includes safeguarding their property from loss or damage while in police custody.
Question 6: Which of the following rights is guaranteed to an accused person under Article 1.05 of the Texas Code of Criminal Procedure?
- The right to a trial within 30 days of arrest.
- The right to refuse a blood specimen in all circumstances.
- The right to a speedy public trial by an impartial jury. (Correct answer)
- The right to have bail set at a non-excessive amount.
Correct answer: The right to a speedy public trial by an impartial jury.
Article 1.05 of the Code of Criminal Procedure, titled 'Rights of Accused,' explicitly states that in all criminal prosecutions, the accused shall have a speedy public trial by an impartial jury. It also includes the right to know the accusation, not to self-incriminate, and to be heard by self or counsel.
TCOLE Code of Criminal Procedure Questions and Answers
According to the Texas Code of Criminal Procedure, which of the following is a peace officer authorized to do when an offense is committed within their view?