Chapter 11 - Warantless Arrests

Warrantless Arrest Guidelines

• These guidelines help deputies determine when and how to make warrantless arrests.
• Deputies have discretion in making arrests.
• Authority to arrest without warrant is entirely statutory.
• Deputies acting outside this authority may face civil and criminal liability.
• Only commissioned deputies have arrest powers as peace officers.
• Non-commissioned detention officers are not peace officers, regardless of TCOLE license.

Definitions

• Arrest: The international seizure of a person to be charged with a crime
• Bodily Injury: Physical pain, illness, or impairment
• Breach of the Peace: Unauthorized acts involving violence, significantly disturbing the community
• Felony: An offense punishable by death or incarceration in a penitentiary
• Fresh Pursuit: Pursuit of a person without unreasonable delay
• In the Presence Of: When the officer directly senses an offense being committed.
• Misdemeanor: An offense punishable by a fine, by confinement in jail, or both.
• Offender: A person an officer has probable cause to arrest or detain.
• Offense: An act or omission that constitutes either a felony or misdemeanor.
• Probable Cause: A reasonable belief, based on trustworthy information, that a person committed or is committing a crime.
• Serious Bodily Injury: Bodily injury substantially risks death, causes serious disfigurement, or impairs a body part.

Policy

• Deputies must be authorized by law and the manual to make warrantless arrests.
• Deputy shall follow written statements in their interpretations of the law.
• Arrest action outside the county line is not authorized unless otherwise permitted
• An arrest is within the county line if initiated inside the county line and is completed outside county lines.

Probable Cause Considerations

• No warrantless arrest without probable cause.
• Deputies use training, skills, and experience in determining probable cause.

Fresh Pursuit and Warrantless Arrest

• Deputies can pursue an offender to make a warrantless arrest if authorized.
• Pursuit may extend beyond the county line if continuously maintained.
• Decision to continue pursuit requires consideration based on the seriousness of the crime and the likelihood of arresting the person later
• If a pursuit is interrupted, a warrant should be sought unless it is a felony and the offender is about to escape.
• Officers must take offenders without unnecessary delay, before a magistrate in the county where the arrest was made.

Manner of Arrest

• Deputies should inform the offender that they are under arrest.
• Deputies must display a badge or identification if not in uniform.
• Deputies must provide reasons for the arrest.
• Use of unnecessary force is prohibited.
• Arrested persons must be taken to jail immediately.
• Arrestees must be notified of Miranda Rights if they are under arrest.

Release of Erroneously Arrested Persons

• Erroneously arrested persons should be released safely in a convenient location prior to booking.

Test your knowledge on the guidelines for warrantless arrests. This quiz covers the legal definitions and authority of deputies in making arrests without a warrant. Understand the implications of acting outside statutory authority and the specific terms associated with arrest procedures.