Investigatory Stage--Arrest, Search, Confession Flashcards
Deputy spots Hank in motel parking lot with a handgun in his waistband. Deputy arrested Hank for the Class A misdemeanor of unlawfully carrying a weapon. Was Deputy required to obtain an arrest warrant to arrest Hank?
No. Warrantless arrests are impermissible in Texas unless probable cause exists and a specific statutory exception applies. Here, because the Deputy observed an offense being committed in his presence, he was authorized to arrest without a warrant.
Wilbur, a high school student was arrested two weeks after the high school was vandalized. At the time of the crime, Ms. Rosie phoned the police and reported that a teenage male, about 5’10” and wearing a gray hooded sweatshirt, was lurking around the school. At the time of his warrantless arrest, Wilbur was walking away from the high school at dusk. Was Officer’s arrest of Wilbur valid?
No. First, the arrest was invalid because Ms. Rosie’s description was to general to support probable cause. Even if probable cause existed, the officer could not make a warrantless arrest without a specific statutory exception. The arrest was not made at a suspicious place because it was 2 weeks after crime occured
What are three requirements for an arrest warrant?
An arrest warrant must:
1) Specify the name of the person to be arrested or, if unknown, a reasonably definite description
2) State the offense for which the person is accused
3) Be signed by a magistrate
4) Be issued in the name of the State of Texas
Within what amount of time must Arnie (defendant) be brought before a magistrate (after arrested)?
Arnie must be taken before a magistrate without unnecessary delay, no later than 48 hours after arrest. If this rule is violated, evidence that the defendant shows is causally connected to the violation may be excluded from trial.
*Names for this type of hearing: 15.17 hearing, PIA, Magistration
Is a peace officer authorized, on the basis of a warrant issued in another county, to arrest Waldo in Fort Bend County? Explain your answer.
Yes. An arrest warrant issued by a magistrate extends to any part of the state and any peace officer who has possession of the warrant is authorized to execute it.
Must Deputy Brooks obtain one warrant authorizing Waldo’s arrest and a separate warrant authorizing the search of Waldo’s truck? Explain your answer.
No. Texas law permits combination search and arrest warrants. however, the warrant must e based upon independent probable cause to arrest and probable cause to search.
Pursuant to a search warrant, Officer Jones searches Reggie’s apartment and finds a stack of $20 bills and a photograph showing Bill, Reggie, and Sally standing in front of Bill’s 2010 black Ford pickup truck. Officer Jones immediately leaves Reggie’s apartment and arrests Bill and Sally. Bill and Sally are each charged by criminal complainant with the second degree felony of theft of the ATM. You are appointed to represent Sally.
Was Officer Jones’ arrest of Sally valid. Explain you answer.
No. The arrest was not valid. There was no valid arrest warrant supported by probable cause and facts do not satisfy the Texas statutory exceptions to the warrant requirement.
