Arrests Flashcards
To review the various aspects of Texas Criminal Procedure.
What is a complaint?
A complaint for arrest purposes consists of an affidavit containing facts that establish probable cause as a basis for the issuance of an arrest warrant.
May a police officer arrest a defendant in a Fort Bend County on the basis of an arrest warrant that was issued in Harris County? Explain fully.
Yes. Arrest warrants issued in Texas are valid throughout every part of Texas and can be executed by any Texas peace officer.
Is a police officer required by law to obtain one warrant authoring the search of a defendant’s house and a separate warrant authoring the arrest of the defendant? Explain fully.
No. If the facts presented to the magistrate for a search warrant also establish the existence of probable cause to arrest defendant, the search warrant may, in addition, order the arrest of the defendant.
What are the three requirements for an arrest warrant?
An arrest warrant must contain: 1) name of the person (or a reasonably definite description) whose arrest is ordered; 2) name of the offense the person is accused of committing; and 3) the signature of the magistrate.
Additionally, the warrant must be made in the name of “The State of Texas.”
Does the police officer have the authority to break down a defendant’s door in order to enter the defendant’s apartment? Explain fully.
An officer executing an arrest warrant may break down a door to a hose, apartment or building to make an arrest if, after giving notice of his authority and purpose, he is refused admittance.
Hank, Bobby and Suzie were friends and resided in Harris County. Hank had a prior felony conviction for aggravated assault. Suzie had no criminal record and was a straight-A college student. Hank had Bobby drive him to Suzie’s apartment. When Suzie answered her apartment door, Hank told Suzie he loved her and asked her to run away with him. Suzie refused, but Hank pulled a handgun from his waistband and forced her into Bobby’s car. Bobby was shocked by all of this, but followed Hank’s instructions to “shut up and drive.” Hank, Bobby, and Suzie drove to Tarrant County, Texas, and spent the night in a motel room.
The next morning, a Tarrant County Sheriff’s Deputy “(“Deputy”) spotted Hank in the motel parking lot with the handgun in his waistband. Deputy arrested Hank for the Class A misdemeanor of unlawfully carrying a weapon. Deputy next reached into Hank’s shirt pocket and confiscated a piece of paper that had his motel room number on it. When Deputy knocked on the motel room door, Suzie opened it and told Deputy she had been kidnapped by Hank and Bobby. Deputy found Bobby in the motel lobby and arrested him for the first-degree felony of aggravated kidnapping.
Was Deputy required to obtain an arrest warrant to arrest Hank? Explain fully.
No. An officer does not need to obtain an arrest warrant to arrest Hank because the offense was committed in his presence and within his view.
Hank, Bobby and Suzie were friends and resided in Harris County. Hank had a prior felony conviction for aggravated assault. Suzie had no criminal record and was a straight-A college student. Hank had Bobby drive him to Suzie’s apartment. When Suzie answered her apartment door, Hank told Suzie he loved her and asked her to run away with him. Suzie refused, but Hank pulled a handgun from his waistband and forced her into Bobby’s car. Bobby was shocked by all of this, but followed Hank’s instructions to “shut up and drive.” Hank, Bobby, and Suzie drove to Tarrant County, Texas, and spent the night in a motel room.
The next morning, a Tarrant County Sheriff’s Deputy “(“Deputy”) spotted Hank in the motel parking lot with the handgun in his waistband. Deputy arrested Hank for the Class A misdemeanor of unlawfully carrying a weapon. Deputy next reached into Hank’s shirt pocket and confiscated a piece of paper that had his motel room number on it. When Deputy knocked on the motel room door, Suzie opened it and told Deputy she had been kidnapped by Hank and Bobby. Deputy found Bobby in the motel lobby and arrested him for the first-degree felony of aggravated kidnapping.
What are the three requirements that have to be met for Deputy to legally make a warrantless arrest of Bobby?
In this case, it must be shown by satisfactory proof that: 1) upon the representation of a credible person (Susie); 2) a felony has been committed (aggravated assault); and 3) the offender is about to escape so that there is no time to procure a warrant. It is questionable whether this last requirement can be met under these circumstances since there is no indication the defendant is about to escape immediately, but it could be argued that the defendant was at a motel and unlikely to stay there very long.
How is probable cause determined in support of an arrest?
Probable cause is determined by whether at the time of the arrest, the facts and circumstances within the police officer’s personal knowledge and of which he had reasonably trustworthy information were sufficient to warrant a prudent person to believe that the suspect had committed or was committing an offense.
What is the effect of an invalid arrest?
An illegal arrest does not, in and of itself, invalidate a conviction, though the lawfulness of an arrest will determine the admissibility of seized evidence.
