Texas Crim Pro--Texas Bar

Arrest - Answer- is a "seizure" of the person and is the taking into custody to answer a criminal charge. What are the requirements for an arrest warrant? - Answer- 1. Name of the person to be arrested 2. reasonably specific description. 3. Magistrate signature What must an officer file to receive an arrest warrant? - Answer- A sworn affidavit, called a complaint, that contains facts that allow a dtermination of probable cause. Four corners rule - Answer- The rule that the magistrate in issuing the warrant cannot consider anything outside the sworn affidavit for the warrant (the complaint). A summon - Answer- May be issued in lieu of an arrest. -In the same form as a warrant but it directs the person summoned to appear at a particular time is merely served on the defendant.w Cabeas - Answer- A bench warrant for a person's arrest. When can an officer arrest without a warrant? - Answer- Cannot do so, unless; Committed the offense in the officer's presence; Committed an offense involving bodily injury and is likely to cause further injury; Violated a protective order (arrest mandatory if in the officer's presence); Committed a family-violence offense; Prevented or interfered with an emergency call; Committed a felony, breach of the peace, or public intoxication and is found in a suspicious, which has been interpreted to mean that probable cause has arisen in the presence of the officer; When does an officer have the discretion to issue a citation in lieu of arrest? - Answer- Traffic offenses, except speeding and open container violations for which a citation is mandatory; Any Class C (fine-only) misdemeanor except public intoxication; and Certain Class A and B misdemeanors, e.g., theft, minor damage to property, and possession of less than four ounces of marijuana. When can a peace officer make an arrest without a warrant outside his jurisidiction? - Answer- o Any peace officer outside his jurisdiction can make a warrantless arrest of any person who, within the officer's view, commits a felony, disorderly conduct offense, breach o