Chapter 11 - Warantless Arrests

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Questions and Answers

When may a deputy arrest someone for resisting arrest?

If the person is suspected of committing theft and tries to pull away from the deputy. (correct)

If the person does not immediately obey the deputy's order to stop. (correct)

If the person pulls away briefly and is easily subdued.

If the person tries to kick the deputy. (correct)

If the person makes a minor attempt to pull away and enlists the help of bystanders. (correct)

A deputy is called to a convenience store for a report of theft. What must the deputy determine before taking a suspect into custody?

The amount of merchandise stolen.

If the suspect cooperated with the shop owner's request to leave.

Whether the store owner wants to press charges.

The suspect's intent to deprive the store of the merchandise. (correct)

Whether the suspect has a prior criminal history.

Under what circumstances can a deputy arrest a person for trespassing?

If the property owner has filed a formal complaint against the trespasser.

If the person enters a property without the owner's permission.

If the person enters a property with the intent to commit a crime.

If the person enters a property that has a 'No Trespassing' sign posted.

If the person enters a property and refuses to leave after being ordered to do so by someone with authority. (correct)

A deputy is called to a scene where an individual is accused of refusing to pay their taxi fare. What should the deputy do?

Investigate the incident to determine the individual's intent. Signup and view all the answers

A deputy observes a person stealing a bicycle from a bike rack. What action should the deputy take?

Immediately arrest the person for theft. Signup and view all the answers

According to the provided information, which of the following is a factor that a deputy may consider in determining probable cause?

A person's general reputation Signup and view all the answers

Which of the following statements accurately describes "probable cause" as used in the context of arrest in this document?

Probable cause only requires facts that could lead a reasonable person to believe a crime was likely committed. Signup and view all the answers

When can a deputy make an arrest solely based on suspicious conduct without specific knowledge of a committed crime?

Never; suspicious conduct alone is not sufficient for an arrest. Signup and view all the answers

What is the criteria for a deputy to rely on information from an informant to establish probable cause?

The deputy must be able to articulate reasons for the informant's reliability and how they obtained the information. Signup and view all the answers

According to the document, what is one means by which a deputy may corroborate information received from a victim or witness?

Observing physical evidence related to the alleged offense. Signup and view all the answers

According to the content, when can an arrest be made for public intoxication?

When an officer believes the offender is intoxicated and poses a threat to themselves or others. Signup and view all the answers

What is the primary factor in determining the legality of an arrest for unreasonably loud speech?

The volume or loudness of the speech. Signup and view all the answers

In what situation can a foreign national be arrested solely for a violation of US Immigration Law?

Only Immigration and Naturalization agents can make such arrests. Signup and view all the answers

If a foreign national is arrested for a crime other than immigration violations, what should the arresting officer do?

Inform the supervisor of the prisoner's alien status before booking. Signup and view all the answers

Under what circumstances can an undocumented alien be detained in custody after their charges are disposed of?

If an Immigration and Naturalization Service officer officially authorizes the retention of the alien until they arrive to take custody. Signup and view all the answers

Study Notes

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.

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Description

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.