Article 14 - Arrest Without Warrant Flashcards

1
Q

14.01: a peace officer may arrest without a warrant for any offense committed in his presence or view that is classified as a (2)

A

Felony or offense against the public Peace…. but part b says we can arrest for any offense within view

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2
Q

14.03 what are our warrantless arrest authorities? (6)

A
  1. Persons in suspicious places and shows reasonably they have been guilty of some felony, violation of title 9 chapter 42 penal code, breach of the peace, offense under 49.02 PC or threaten or are about to commit an offense
  2. Assault causing bodily injury and probable cause to believe further bodily injury
  3. 25.07 VPO if not committed in officer’s presence
  4. PC the person committed family violence
  5. Interference with emergency phone call in an emergency (42.062) if not in officer’s presence
  6. A person who makes a statement to the officer that would be admissible against the person under 38.21 and established probable cause the person committed a felony
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3
Q

14.03 is it mandatory to arrest when you witness a VPO?

A

Yes. SHALL!

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4
Q

14.03: what are the things we may arrest for without a warrant if outside of our jurisdiction and within our presence or view? (3)

A
  1. Felony
  2. Violation of chp 42 or 49 PC
  3. Breach of the peace

It later says we can arrest anyone who commits an offense other than traffic infractions if within presence or view.

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5
Q

14.05: when can we enter private residence to make an arrest if without a warrant? (2)

A
  1. A Person consents to entry

2. Exigent circumstances require entry to make an arrest without consent of a person or without a warrant

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