Arrest Without Warrant Principles Quiz
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Questions and Answers

What constitutes an offense within view for a peace officer to make an arrest without a warrant?

  • An offense committed in his presence (correct)
  • An offense committed out of sight
  • An offense occurring after the arrival of the officer
  • An offense committed by a known criminal
  • What must a magistrate do to allow a peace officer to make an arrest without a warrant?

    Verbally order the arrest.

    What is defined in Section 25.07 of the Penal Code?

    Violation of certain court orders or conditions of bond in a family violence case.

    What must a peace officer do if reasonably necessary to verify a family violence allegation?

    <p>Remain at the scene of the investigation.</p> Signup and view all the answers

    A peace officer can arrest an offender without a warrant for any offense committed in their presence.

    <p>True</p> Signup and view all the answers

    What conditions must be met for a peace officer to release an intoxicated individual instead of arresting them?

    <p>The officer must believe detention is unnecessary</p> Signup and view all the answers

    What is fresh pursuit?

    <p>A pursuit without unreasonable delay by a peace officer of a person suspected of committing a felony.</p> Signup and view all the answers

    What happens if a peace officer is charging a person with a Class C misdemeanor?

    <p>They may issue a citation instead of taking the person before a magistrate.</p> Signup and view all the answers

    If the person resides in the county where the offense occurred, a peace officer may issue a citation for Class ______ or B misdemeanors.

    <p>A</p> Signup and view all the answers

    An officer can enter a residence without a warrant if there are exigent circumstances.

    <p>True</p> Signup and view all the answers

    What must be promptly reported by a peace officer who makes an arrest outside their jurisdiction?

    <p>A law enforcement agency with jurisdiction</p> Signup and view all the answers

    Study Notes

    Arrest Without Warrant Principles

    • A peace officer can arrest without warrant if an offense occurs in their presence, particularly for felonies or breaches of public peace.
    • If a magistrate witnesses a felony or breach of peace and orders the arrest, a peace officer can act without a warrant.

    Criteria for Arrest by Peace Officers

    • Peace officers may arrest individuals found in suspicious areas indicating possible felony involvement or threats to public safety.
    • Officers with probable cause can arrest for assault causing bodily injury or family violence, even if the incident wasn't witnessed.
    • Arrests can occur for offenses involving the prevention of emergency calls, based on probable cause.

    Jurisdiction and Authority

    • Officers outside their jurisdiction may still arrest for felonies, disorderly conduct, or breaches of peace that they witness.
    • A peace officer must promptly notify the appropriate local law enforcement agency after making an out-of-jurisdiction arrest.

    Public Intoxication Regulations

    • Instead of arresting intoxicated adults, officers may release them to a responsible adult or allow voluntary treatment for substance dependency.
    • A magistrate may also release intoxicated individuals from custody if conditions for non-arrest are met.

    Pursuit for Felonies

    • If credible evidence suggests a felony has been committed and the suspect is escaping, officers can pursue and arrest without a warrant.

    Limits on Arrest Entry

    • Officers may not enter residences without consent or exigent circumstances in non-warrant arrests.

    Fresh Pursuit Definition

    • Fresh pursuit refers to an uninterrupted chase of a suspected felon by an officer.

    Obligations after Arrest

    • Arresting officers must take suspects before a magistrate without unnecessary delay, typically within 48 hours.
    • Officers may issue citations for Class C misdemeanors instead of making arrests, detailing required court appearances and charges.

    Admonishments for Misdemeanor Offenses

    • Persons charged with certain violent misdemeanors must be warned that convictions may restrict firearm possession under federal and state laws.

    Specific Misdemeanor Procedures

    • For individuals charged with Class A or B misdemeanors living where the offense occurred, citations can be issued with essential details regarding court appearances instead of immediate arraignment.

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    Description

    Test your knowledge on the principles and criteria surrounding arrests without a warrant. This quiz covers the jurisdiction and authority of peace officers, including situations where they can act without a warrant. Enhance your understanding of law enforcement procedures.

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