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Does anyone have a case law citation addressing the threshold of "bodily injury" that is needed for a peace officer to make a warrantless arrest in the context of family violence.

The argument follows: In relation to PC22.01--there are essentially three types of assault--two Class C Misdemeanors, referred to as as ASSAULT BY THREAT and ASSAULT BY CONTACT, and a Class A Misdemeanor referred to as ASSAULT -BODLY INJURY.
In the context of FAMILY VIOLENCE, where a peace officer makes a warrantless arrest for either of the mentioned Class C assaults, and the assaultive offense was not committed in the presence or view of the officer, there lacks statutory authority to make the arrest. The statutory authority requires the threshold of "bodily injury", and as such, the minimum level of assault that a peace officer could arrest for would be an ASSAULT resulting in BODILY INJURY (generally a Class A Misdemeanor).

I am seeking some case law that addresses this issue. With the death of SB 685 during the 2003 regular legislative session, the legislative body seems unwilling to extend too much authority (and I agree with them) to peace officers to effect an arrest for ANY offense amounting to "family violence".

I am writing a lesson plan relating to this and some case law would certainly help. Thanks.
Posts: 46 | Location: Seguin, TX, USA | Registered: April 02, 2004Reply With QuoteReport This Post
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I don't know if these two cases will help. I just wrote an appeal of a family violence assault where no pictures were taken. Victim was reluctant to testifie and the only testimony I had was the officer noting some swelling and the victim stated "it hurt." I used Wead v. State 94 SW3d 131, 135 for support. There is also an unpublished opinion Allen v. State, LEXIS 6745, Tex. App. - Hous 14th Dist, 1998) I had trouble finding anything that helped define what bodily injury is also.
Posts: 419 | Location: Abilene, TX USA | Registered: December 16, 2002Reply With QuoteReport This Post
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