Arrest, search, and seizure

arrest exceptions to the warrant requirement

1. presence or view of the officer

2. suspicious place or circumstance (felonies, PI, threaten or about to commit violation of the law)

3. PO violations (need PC and requires arrest if in presence)

4. preventing consequences of theft (need PC)

5. presence or view of magistrate

6. assault/family violence (need PC of FV)

7. fleeing felons (4 req.; credible, felony, escape, no time)

8. fugitive from another state

9. interfering with emergency phone calls

10. admissible felony confession

offense committed in presence of view of officer or “other person” Art. 14.01 - (a)

• a peace officer or any other person, may without a warrant, arrest when the offense is committed in his presence or view if:

• the offense is one classed as a felony

• or as an offense “against the public peace.” (= a “breach of the peace”)

offense committed in presence of view of officer or “other person” Art. 14.01 - (b)

a peace officer may arrest an offender without a warrant for any offense committed within his presence or within his view

“within view of a peace officer” legal interpretation (v. citizens)

• the officer must have probable cause

• but for officers, need not personally view every element of the offense committed for PC

• just at least some part of the offense must have occurred immediately prior to the time of arrest

• PO does not have to view the entire offense himself: can based on PO’s hearing, sight, or on observations of other officers

what “within view of” means for *citizens making arrest:

• not just any crime;

• *can arrest for any felony or

• *can arrest for breach of the peace

“within presence or view “ if different for citizens:

has to directly observe the commission of the crime (enough if its to establish probable cause a crime is being committed)

breach of the police

• a generic term, includes all violations of public peace or order it is disturbing tranquility enjoyed by citizens of the community

• courts decide what constitutes a breach of the peace on a case-by-case basis