Questions and Answers
What constitutes an offense within view for a peace officer to make an arrest without a warrant?
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?
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A peace officer can arrest an offender without a warrant for any offense committed in their presence.
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What conditions must be met for a peace officer to release an intoxicated individual instead of arresting them?
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What is fresh pursuit?
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What happens if a peace officer is charging a person with a Class C misdemeanor?
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If the person resides in the county where the offense occurred, a peace officer may issue a citation for Class ______ or B misdemeanors.
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An officer can enter a residence without a warrant if there are exigent circumstances.
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What must be promptly reported by a peace officer who makes an arrest outside their jurisdiction?
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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.
