TCOLE Code of Criminal Procedure 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?

Accepted Answer

Arrest the offender without a warrant.

Answer

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?

Accepted Answer

48 hours

Answer

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?

Accepted Answer

It must be a sworn allegation charging the accused with an offense.

Answer

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?

Accepted Answer

Probable cause

Answer

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?

Accepted Answer

The officer has a duty to protect the suspect's property.

Answer

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.

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE Code of Criminal Procedure Questions and Answers