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Probable cause is misdemeanor or felony?

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judy247

Junior Member
What is the name of your state? Texas
I have always believed that a Misdemeanor had to be witnessed by the person/officer making the arrest.
That a felony was strong probable cause or suspected as being committed by the person arrested.

Does anyone know if this is correct?

OR can probable cause/suspicion be applied to a misdemeanor. excluding the spousal abuse gray area... that is on the books...?
IF so, what other misdemeanors do NOT have to be actually witnessed by the arresting person/officer?

How are the "powers of arrest" defined to include suspicion of misdemeanor, by individual state laws or federal?

Just researching some old information... thanks in advance
Judy
 


rmet4nzkx

Senior Member
Sorry we don't do research or homework, if you have an actual legal question with some facts you may get an answer.
 

judy247

Junior Member
way to old for it to be homework lol research for my own edification.

I was taught as a nuclear security cop that my (and everyone else's) "powers of arrest" were:

Misdemeanor had to be personally witnessed by me for me to make the arrest.
felony, probable cause (suspicion) to believe it had occurred and the person had committed the felony...

so, my comment/question would be:
How does this apply to a dui arrest, when the person was stopped for a minor traffic offense? How can the officer have "probable cause/suspicion" in a misdemeanor, instead of actually witnessing the person drinking? HE suspects them because of their behavior, words, actions, appearance, but it is still "suspecting" not witnessing... everyone says "he has probable cause".... where can I find a real, hard copy of that, where it definitely defines how he got this additional authority and power that no body else has?
 

BelizeBreeze

Senior Member
judy247 said:
way to old for it to be homework lol research for my own edification.

I was taught as a nuclear security cop that my (and everyone else's) "powers of arrest" were:

Misdemeanor had to be personally witnessed by me for me to make the arrest.
felony, probable cause (suspicion) to believe it had occurred and the person had committed the felony...

so, my comment/question would be:
How does this apply to a dui arrest, when the person was stopped for a minor traffic offense? How can the officer have "probable cause/suspicion" in a misdemeanor, instead of actually witnessing the person drinking? HE suspects them because of their behavior, words, actions, appearance, but it is still "suspecting" not witnessing... everyone says "he has probable cause".... where can I find a real, hard copy of that, where it definitely defines how he got this additional authority and power that no body else has?
Look at your own words.

Stopped for a minor traffic violation.
(This means he was operating a motor vehicle)
HE suspects them because of their behavior, words, actions, appearance, but it is still "suspecting" not witnessing
HE can suspect by smelling the liquor or by the perpetrator failing any of the tests.

And those facts, added to the operation of the motor vehicle, is enough to sustain a charge of DWI or DUI.

Now, that's enough discussion. Next time hire this fool an attorney because we really...really...really hate drunks who get behind the wheel.
 

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