TCOLE Code of Criminal Procedure (CCP) Practice Exam

Question: 1 / 400

When can a peace officer arrest without a warrant according to the Code of Criminal Procedure?

When a judge approves the arrest

When the officer has probable cause

A peace officer can arrest without a warrant when the officer has probable cause. This means that if the officer has a reasonable belief based on the facts and circumstances within their knowledge, that a person has committed an offense, they are authorized to make an arrest without first obtaining a warrant. Probable cause acts as a critical determinant in ensuring that officers are acting within the scope of legality when making arrests, and it must be based on more than mere suspicion or rumor.

The other options do not fully encompass the legal basis set forth by the Code of Criminal Procedure. For example, a judge approving an arrest does not negate the need for probable cause; it’s the officer's judgment based on evidence that’s crucial before a warrant is issued. Similarly, while a suspect fleeing may indeed raise probable cause for an arrest, it is not the sole criterion. Just being on parole does not automatically allow for warrantless arrest unless there is probable cause to suggest a violation. Thus, the requirement of probable cause is the fundamental aspect that justifies warrantless arrests.

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When the suspect is fleeing

When the suspect is on parole

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