What is the primary condition under which a peace officer may arrest a person outside his jurisdiction?

Prepare for the TCOLE Code of Criminal Procedure Test with in-depth study modules and quizzes. Engage with expert-crafted multiple choice questions, hints, and detailed explanations. Boost your confidence and ace your Texas law enforcement exam.

The primary condition under which a peace officer may arrest a person outside their jurisdiction is that a felony or a breach of the peace occurs in the officer's presence. This principle is rooted in the need for immediate action when a crime is actively taking place. When a peace officer witnesses a felony or any significant disruption to public order (referred to as a breach of the peace), they are authorized to act on the situation, even if it occurs outside their normal jurisdiction.

This authority ensures that law enforcement can respond effectively to situations that require intervention to prevent further criminal activity or harm to individuals. The immediacy of the situation often dictates that waiting for jurisdictional boundaries to be respected could result in a loss of evidence, escalation of the crime, or even danger to victims.

Other options do not align with established legal standards for jurisdictional authority. For instance, simply having a credible witness report a misdemeanor does not grant an officer the same immediate authority to act outside their jurisdiction. A personal connection to an individual or needing to wait for backup are neither valid nor sufficient justifications for arresting someone beyond an officer's jurisdiction.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy