CCP Chapter 14: Arrest Without Warrant Flashcards
OFFENSE WITHIN VIEW
A Peace Officer may arrest an offender without a warrant for any offense committed in his presence or within his view.
OFFENSE WITHIN VIEW OF A MAGISTRATE
A Peace Officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and the magistrate verbally orders the arrest of the offender.
Authority of Peace Officers to Arrest Without a Warrant (8)
(1) PO may arrest w/out warrant under circumstances that reasonably show a person have been guilty of some felony, violation of PO, Intoxication offenses, breach of the peace, or offense of DWI, or threaten, or are about to commit some offense against laws.
(2) PO may arrest w/out warrant persons who the PO has PC to believe have committed an assault resulting in BI to another person and the PO has PC to believe that there is danger of further BI to that person.
(3) PO may arrest w/out warrant person who the PO has PC to believe have committed an offense Violation of Protective Order, if the offense is not committed in the presence of the PO
(4) PO may arrest w/out warrant persons who the PO has PC to believe have committed an offense involving family violence
(5) PO may arrest w/out warrant persons who the PO has PC to believe has prevented / interfered with the ability to make an emergency phone call
(6) PO may arrest w/out warrant a person who makes a statement to the PO to establish PC to believe the person has committed a felony.
(7) PO SHALL arrest w/out warrant, a person the PO has PC to believe the person committed an offense AGAINST THE FAMILY if committed in their presence.
Public Intoxication
(a) in lieu of arrest for PI - the PO may release IF:
*PO believes detention is unnecessary for the protection
*the person is released to the care of an adult who agrees to assume responsibility for the person
*the person verbally consents to voluntary treatment in a treatment facility
