Legal Foundation
What is the legal foundation required for any lawful arrest in Texas?
What is Probable Cause?
This Code of Criminal Procedure Article justifies a warrantless arrest if an officer observes an offense being committed in their view.
What is CCP Art. 14.01?
These are the two conditions that both must be present to legally require a Miranda warning.
What are Custody and Interrogation?
This rule is introduced when Miranda is violated, impacting the admissibility of evidence.
What is the Exclusionary Rule?
This state statute defines the crime (e.g., Assault, Theft, Murder).
What is the Texas Penal Code (TPC)?
These are the two primary legal sources that govern the authority to arrest in Texas.
What are the Fourth Amendment and the Texas Code of Criminal Procedure (CCP)?
Under CCP Art. 14.01, an officer may arrest an offender for this type of offense committed in their presence.
What is any offense?
This condition is met when a person's freedom of movement is restricted to the degree associated with a formal arrest.
What is Custody?
A statement obtained in violation of Miranda is considered coerced and is this in the prosecution's case-in-chief.
What is inadmissible (or suppressed)?
This state statute provides the officer's legal authority to make an arrest.
What is the Texas Code of Criminal Procedure (CCP)?
The Miranda warning primarily protects a suspect's right against self-incrimination guaranteed by this U.S. Constitutional Amendment.
What is the Fifth Amendment?
This CCP Article specifically authorizes a warrantless arrest for an offense involving domestic violence.
What is CCP Art. 14.03(a)(4) (Family Violence)?
This trigger is defined as questioning or actions by law enforcement designed or reasonably likely to elicit an incriminating statement.
What is Interrogation?
This doctrine may cause evidence (the "fruit") discovered as a direct consequence of an illegally obtained statement (the "poisonous tree") to be suppressed.
What is the Fruit of the Poisonous Tree doctrine?
TPC Chapter 49, dealing with Intoxication and Alcoholic Beverage Offenses, defines this common crime that can be a warrantless arrest under suspicious circumstances.
What is the TPC offense of Driving While Intoxicated (DWI)?
This is the legal definition of an arrest, according to your notes.
What is the legal act of taking a person into custody to answer for a criminal charge?
CCP Art. 14.03(a)(1) allows a warrantless arrest for this combination of circumstances if they appear to have committed a felony.
What are persons found in suspicious places who appear to have committed a felony?
This is the constitutional basis for the "Right to Counsel" warning provided during a custodial interrogation.
What is the Sixth Amendment (via Fifth Amendment protection)?
A statement obtained without the required Miranda warning is legally characterized as being this.
What is coerced or involuntary?
This CCP Chapter/Article is the justification for an arrest following a forensic investigation into Credit Card Abuse.
What is the Arrest with an Arrest Warrant (CCP Chapter 15)?
This document is presented by an officer to a magistrate to establish probable cause and obtain an arrest warrant.
What is an Affidavit?
This CCP Article justifies a warrantless arrest when an officer has credible information a felony has been committed and the offender is about to escape.
What is CCP Art. 14.04?
This type of interview, such as an officer asking general questions to a witness at a crime scene, does not require a Miranda warning.
What is a Non-Custodial Interview?
This must happen immediately if a suspect in custody invokes their right to remain silent or their right to counsel.
What is that the interrogation must cease immediately?
A warrantless arrest for Assault (ยง 22.01) may be justified by this specific CCP Art. 14.03 provision if there is a danger of further injury.
What is Assault with Bodily Injury/Danger of Further Injury (CCP Art. 14.03(a)(2))?