Podcast
Questions and Answers
What constitutes an offense within view for a peace officer to make an arrest without a warrant?
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?
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?
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?
What must a peace officer do if reasonably necessary to verify a family violence allegation?
Signup and view all the answers
A peace officer can arrest an offender without a warrant for any offense committed in their presence.
A peace officer can arrest an offender without a warrant for any offense committed in their presence.
Signup and view all the answers
What conditions must be met for a peace officer to release an intoxicated individual instead of arresting them?
What conditions must be met for a peace officer to release an intoxicated individual instead of arresting them?
Signup and view all the answers
What is fresh pursuit?
What is fresh pursuit?
Signup and view all the answers
What happens if a peace officer is charging a person with a Class C misdemeanor?
What happens if a peace officer is charging a person with a Class C misdemeanor?
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.
If the person resides in the county where the offense occurred, a peace officer may issue a citation for Class ______ or B misdemeanors.
Signup and view all the answers
An officer can enter a residence without a warrant if there are exigent circumstances.
An officer can enter a residence without a warrant if there are exigent circumstances.
Signup and view all the answers
What must be promptly reported by a peace officer who makes an arrest outside their jurisdiction?
What must be promptly reported by a peace officer who makes an arrest outside their jurisdiction?
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
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.
