warrantless arrest family violence

[PaulE]

What is the name of your state? Texas. Art. 14.03 of the Tx code of criminal procedures allows for a warrantless arrest in the cases of assault, where bodily injury is committed, and there is the belief there is a threat of continued violence. The question is, lets say a victim is assaulted and calls the police. The suspect leaves prior to there arrival and the report is made. The suspect returns several hours later and the victim calls back reporting this. What would be the longest permitted time span to pass where an arrest could be made without obtaining a warrant.

 

[stephenk]

how long was it until they arrested you?

 

[PaulE]

I am not the one being arrested. I am fortunately the one on the other side of the law. This is a question that has arose recently and has caused quite a debate within our department. Some people fill a 2-4 hour time frame would be reasonable. Others believe as long as the arrest is made within your shift. There are those that believe up to 24 hours later because the code does not specify a time. The only case law that I could locate is McClatchy vs. State where there is a time lapse of 2:15 and the suspect was located less than a block from the residence. The court upheld the arrest because the officers believed there was a continuing threat of violence.

 

[stephenk]

Doesnt your city or county have a local prosecutor(s) who can research this question for you? I think this would be something your department requests formally from the prosecutors to make sure your officers are complying with the law.

good luck and good work.

 

[PaulE]

Thank you for your reply, and your absolutely right. You would think the local prosecutors would know the answer. I have spoke with several prosecutors, that all tell me that's a great question and have received several different interpretations of the law. I was hoping some one out there may have some experience or expertise in this field, and want to share it with me.

 

[I AM ALWAYS LIABLE]

Thank you for your reply, and your absolutely right. You would think the local prosecutors would know the answer. I have spoke with several prosecutors, that all tell me that's a great question and have received several different interpretations of the law. I was hoping some one out there may have some experience or expertise in this field, and want to share it with me.

My response:

I think a reasonable period of time would be that length of time where the victim is still in fear, and the threat remains real; i.e., the perpetrator still has the ability, means, and motive to commit the crime. This could be for hours, or even days - - and even, perhaps months. As long as the fear of one's safety and well-being is reasonably immediate to that victim, using a "reasonable person" guideline, the arrest would be good.

Take that up with your prosecutors.

Either that, or write a "thank you" letter to your States' legislators, and offer to shoot them.

IAAL

 

[The It]

..so it's still legal to shoot politicians in Texas?