Arrest Without Warrant Flashcards
Art. 14.02. WITHIN VIEW OF MAGISTRATE. A peace officer _____ arrest, without warrant, when a _____ or _____ has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.
may; felony; breach of the peace
Art. 14.01. OFFENSE WITHIN VIEW. (a) A peace officer or _____, _____, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense _____.
(b) A peace officer _____ arrest an offender without a warrant for _____ offense committed in his presence or within his view.
any other person; may; against the public peace; may; any
Article 14.03: Any peace officer may arrest, without warrant:
(1) persons found in _____ and under circumstances which _____ show that such persons have been guilty of some _____, _____, or offense under Section 49.02, Penal Code, or _____, or are about to commit some offense against the laws.
suspicious places; reasonably; felony; breach of the peace; threaten
Article 14.03: Any peace officer may arrest, without warrant:
(3) persons who the peace officer has probable cause to _____ have committed an offense violation of Protective order/sexual assault), if the offense is _____ in the presence of the peace officer;
believe; not committed
Article 14.03: Any peace officer may arrest, without warrant:
(5) persons who the peace officer has probable cause to believe have _____ or _____ with an individual’s ability to place a telephone call in an emergency, if the offense is _____ in the presence of the peace officer.
prevented; interfered; not committed
Article 14.03: Any peace officer may arrest, without warrant:
(6) a person who makes a _____ to the peace officer that would be _____ against the person and establishes _____ to believe that the person has committed a _____.
statement; admissible; probable cause; felony
Article 14.03: (b) A peace officer _____ arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense violation of Protective Order/sexual assault), if the offense _____ committed in the presence of the peace officer.
shall; is
Article 14.03: (c) If reasonably _____ to verify an _____ of a violation of a protective order or of the commission of an offense involving family violence, a peace officer _____ remain at the scene of the investigation to verify the allegation and to prevent the _____ of the violation or of family violence.
necessary; allegation; shall; further commission
Art. 14.031. PUBLIC INTOXICATION. (a) In lieu of arresting an individual who _____, a peace officer _____ release the individual if:
(1) the officer believes detention in a penal facility is _____ for the protection of the individual or others; and
is not a child; may; unnecessary
Art. 14.031. PUBLIC INTOXICATION. (a) In lieu of arresting an individual who is not a child, a peace officer may release the individual if:
(2) the individual:
(A) is released to the care of an _____ who agrees to assume responsibility for the individual; or
(B) verbally _____ to voluntary treatment for chemical dependency in a program in a treatment facility licensed and approved by the Texas Commission on Alcohol and Drug Abuse, and the program _____ the individual for treatment.
adult; consents; admits
Article 14.031 Public Intoxication: (b) A magistrate _____ release from custody an individual who is not a child, and if the magistrate _____ the individual meets the conditions required for release in lieu of arrest under Subsection (a) of this article.
may; determines
Article 14.031 Public Intoxication: (c) The release of an individual under Subsection (a) or (b) of this article to an alcohol or drug treatment program _____ be considered by a _____ or _____ in determining whether the individual _____ be released to such a program for a subsequent incident or arrest.
may not; peace officer; magistrate; should
Article 14.031 Public Intoxication: (d) A peace officer and the agency or political subdivision that employs the peace officer _____ be held _____ for damage to persons or property that results from the actions of an individual released under Subsection (a) or (b) of this article.
may not; liable
Art. 14.04. WHEN FELONY HAS BEEN COMMITTED. Where it is shown by _____ proof to a peace officer, upon the representation of a _____ person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer_____, without warrant, pursue and arrest the accused.
satisfactory; credible; may
Art. 14.05. RIGHTS OF OFFICER. In each case enumerated where arrests may be lawfully made without warrant, the officer or _____ making the arrest is _____ in adopting _____ which he might adopt in cases of arrest under warrant, except that an officer making an arrest without a warrant _____ enter a residence to make the arrest unless:
(1) a person who _____ in the residence _____ to the entry; or
(2) _____ require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.
person; justified; all the measures; may not; resides; consents; exigent circumstances
Art. 14.051. ARREST BY PEACE OFFICER FROM OTHER JURISDICTION. (a) A peace officer commissioned and authorized by another state to make arrests for felonies who is in _____ of a person for the purpose of arresting that person for a _____ may continue the pursuit into this state and arrest the person.
fresh pursuit; felony
Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE. (a) the person making the arrest or the person having custody of the person arrested _____ take the person arrested or have him taken without _____, but not later than _____ after the person is arrested, before the magistrate who may have ordered the arrest, before some magistrate of the county where the arrest was made without an order, or, to provide more expeditiously to the person arrested the warnings described by Article 15.17 of this Code, before a magistrate in any other county of this state. The magistrate shall immediately perform the duties.
shall; unnecessary delay; 48 hours
Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE: (b) A peace officer who is charging a person, including a child, with committing an offense that is a Class ____ misdemeanor, other than P.I., _____, instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged.
C; may
