Article 14 - Arrest Without Warrant Flashcards
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)
Felony or offense against the public Peace…. but part b says we can arrest for any offense within view
14.03 what are our warrantless arrest authorities? (6)
- 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
- Assault causing bodily injury and probable cause to believe further bodily injury
- 25.07 VPO if not committed in officer’s presence
- PC the person committed family violence
- Interference with emergency phone call in an emergency (42.062) if not in officer’s presence
- 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
14.03 is it mandatory to arrest when you witness a VPO?
Yes. SHALL!
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)
- Felony
- Violation of chp 42 or 49 PC
- Breach of the peace
It later says we can arrest anyone who commits an offense other than traffic infractions if within presence or view.
14.05: when can we enter private residence to make an arrest if without a warrant? (2)
- A Person consents to entry
2. Exigent circumstances require entry to make an arrest without consent of a person or without a warrant