Code of Criminal Procedure · Art. 19

Procedure

Procedure is covered under Art. 19 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: 12 grand jurors; 9 votes required for true bill; Selected from county pool.

Elements you must prove

  • 12 grand jurors
  • 9 votes required for true bill
  • Selected from county pool

Practice 1 question on this topic

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Worked examples

Worked example 1

A Texas grand jury consists of how many persons?

  1. 6
  2. 9
  3. 12 with at least 9 to indict Correct
  4. 23
Why: A Texas grand jury is composed of 12 persons. At least 9 affirmative votes are required to return a 'true bill' (indictment).
Statute: Tex. Code Crim. Proc. art. 19A

Statutory definitions for this topic

Reasonable suspicion Terry v. Ohio, 392 U.S. 1 (1968)
Specific, articulable facts that, taken together with rational inferences, warrant a person of reasonable caution to believe that criminal activity may be afoot. The standard for an investigative detention. Lower than probable cause.
Interrogation (Miranda) Rhode Island v. Innis, 446 U.S. 291 (1980)
Express questioning, OR words or actions by the police that they should know are reasonably likely to elicit an incriminating response.
Plain feel doctrine Minnesota v. Dickerson, 508 U.S. 366 (1993)
During a lawful Terry frisk, officers may seize an item if its criminal nature is immediately apparent through touch — without further manipulation of the item.
Miranda warnings Miranda v. Arizona, 384 U.S. 436 (1966)
Warnings required before custodial interrogation: right to remain silent; anything said can be used against you; right to an attorney; if indigent, an attorney will be appointed.
Public safety exception New York v. Quarles, 467 U.S. 649 (1984)
Officers may ask questions necessary to address an immediate threat to public safety BEFORE giving Miranda warnings; the answers are admissible as substantive evidence.
Edwards rule Edwards v. Arizona, 451 U.S. 477 (1981)
Once a suspect in custody invokes the Miranda right to counsel, all interrogation must cease and may not be reinitiated by the police until counsel is provided — unless the suspect himself initiates further communication. Maryland v. Shatzer adds a 14-day break-in-custody exception.