Test Prep Test Prep Certifications TCLEOSE Questions & Answers

• Question 131:

  A ____________ is a writ issued by the court or clerk, commanding any peace officer to arrest a person accused of an offense and bring him before that court immediately, or on a day and time stated in the writ.

  A. Warrant

  B. Capias

  C. Complaint

  D. Indictment

  Correct Answer: B

• Question 132:

  A justice of the peace shall conduct an inquest into the death of a person who dies in the county served by the justice in each of the following cases EXCEPT:

  A. The body of the person is found and the cause or circumstances of death are unknown

  B. the person dies in a hospital or other institution and the attending physician is able to certify the cause of death

  C. The person dies in prison or in jail

  D. The person commits suicide or the circumstances of the death indicate that the death may have been caused by suicide

  E. All of the above are correct answers

  Correct Answer: B

• Question 133:

  A Capias may be executed by any:

  A. Reasonable person

  B. Executor

  C. Peace Officer

  D. Person

  Correct Answer: C

• Question 134:

  To arrest a defendant with an arrest warrant the officer must have the warrant in his possession.

  A. True

  B. False

  Correct Answer: B

• Question 135:

  When the defendant is arrested at night, the Texas Code of Criminal Procedure requires that he be taken before a magistrate:

  A. No sooner than daylight

  B. Immediately

  C. Without unnecessary delay

  D. As soon as the magistrate's office is open

  E. Whenever it is convenient for the officer to do so

  Correct Answer: C

• Question 136:

  An arrest in Texas may be made:

  A. Between sunrise and sunset on Class "C" charges

  B. Anytime

  C. You need additional information to correctly answer this question.

  D. Only during the time specified in a warrant

  Correct Answer: B

• Question 137:

  When a warrant of arrest is issued by any mayor or recorder of an incorporated town or city, it usually can be executed:

  A. Anywhere in the United States

  B. Anywhere in Texas

  C. In the county in which it was issued

  D. In an adjacent county

  E. Only at the location specified on the warrant

  Correct Answer: C

• Question 138:

  The affidavit made before the Magistrate, District Attorney, or County Attorney which alleges an offense is called:

  A. A warrant of arrest

  B. A probable cause waiver

  C. A complaint

  D. An indictment

  Correct Answer: C

• Question 139:

  Which of the following is a true statement about arrest warrants?

  A. A warrant may be telegraphed

  B. No greater force than is necessary shall be resorted to secure the arrest of the accused

  C. If the officer does not have the warrant of arrest in his possession at the time of arrest, he shall inform the defendant of the offense charged and the fact a warrant has been issued

  D. All of the above are true statements

  Correct Answer: D

• Question 140:

  The _______________ is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.

  A. Warrant of arrest

  B. Probable cause waiver

  C. Complaint

  D. Indictment

  E. Commitment

  Correct Answer: A