Arrests

• Author: Mark G. Daniel/Robert K. Gill
• Pages: 63-92

1-1

Chapter 1

Arrests

Table of Contents

§1:10 What Is an Arrest

§1:20 Warrantless Arrests

§1:21 Probable Cause Requirement

§1:21.1 Establishing Probable Cause

§1:21.2 Temporary Detentions Based on Reasonable Suspicion

§1:21.3 Exclusionary Rule

§1:30 Authority for Warrantless Arrests

§1:31 CCP Art. 14.01. Offense Within View

§1:31.1 Warrantless Arrests by Peace Officers

§1:31.2 Who Is a Peace Officer

§1:31.2.1 Statutory Law

§1:31.2.2 Case Law

§1:31.3 Warrantless Arrests by Private Citizens

§1:31.4 Acts Constituting a Breach of Peace

§1:31.5 Acts Not Constituting Breach of Peace

§1:32 CCP Art. 14.02. Within View of Magistrate

§1:33 CCP Art. 14.03. Authority of Peace Officers

§1:33.1 Suspect’s Commission of Offense

§1:33.2 Suspect Found in Suspicious Place

§1:33.2.1 Places Found to Be Suspicious

§1:33.2.2 Places Found Not to Be Suspicious

§1:33.3 Assaults and Threats of Future Violence

§1:33.4 Authority of Peace Officers

§1:34 CCP Art. 14.04. When Felony Has Been Committed

§1:34.1 Credibility of Information

§1:34.2 Escape of Suspect

§1:34.3 Insufficient Time to Procure Warrant

§1:34.4 Satisfactory Proof of Escape

§1:35 Preventing Consequences of Theft Under CCP Art. 18.16

§1:36 Rights of Police Officers Making Warrantless Arrests

§1:36.1 Fresh (“Hot”) Pursuit

TEXAS CRIMINAL LAWYER’S HANDBOOK 1-2

§1:40 Pretext Arrests

§1:50 Sources of Probable Cause

§1:51 Information Gained From Victims

§1:52 Information Gained From Ordinary Citizens

§1:53 Information Gained From Police Officers

§1:54 Information Gained From Informers

§1:55 Information Gained From Anonymous Tips

§1:60 Suppressing Warrantless Arrest

§1:61 Art. 38.23 Jury Charge

§1:70 Arrests Under Warrant

§1:71 What Is an Arrest Warrant

§1:72 What an Arrest Warrant Requires

§1:72.1 Probable Cause Requirement

§1:72.2 Accusation of Criminal Conduct

§1:72.3 Signing by a Magistrate

§1:73 Who May Issue Arrest Warrants

§1:74 Suppressing Arrest

§1:75 Suppressing Arrest Warrant

§1:75.1 Objections to Arrest Warrant

§1:75.2 Going Behind Affidavit and Warrant

§1:75.3 Article 38.23 Jury Charge

§1:76 Making Arrest