TDCAA Community
noncustodial arrest

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/6381023191

June 23, 2009, 16:55
Bob
noncustodial arrest
Does anybody know what the hell a "noncustodial arrest" is?
June 23, 2009, 20:23
JB
An oxymoron.
June 23, 2009, 21:18
Gretchen
Some people consider citations noncustodial arrests because they bring the person under the authority of the court based on the same probable cause threshold of a custodial arrest.
June 24, 2009, 07:59
Andrea W
Check out Carson v. State, 65 SW3d 774 (Ft. Worth 2001) -- a person's "actual submission to an assertion of authority" by appearing in court to contest charges is a noncustodial arrest. So if they get a citation or are filed on at-large but show up in court, that's considered a noncustodial arrest. (At least in the expunction context.)
June 24, 2009, 11:20
John Greenwood
I think a non-custodial arrest would include when a peace officer requests a blood sample from a DWI suspect receiving treatment at a hospital and immobilized due to injury. No rational officer would claim to have taken the patient/suspect into custody, but the first line of the DIC-24 states "You are under arrest for an offense . . ."
June 24, 2009, 11:45
AlexLayman
Is the immobilized suspect free to leave? Razz
June 24, 2009, 12:02
John Greenwood
My bad. Suspect/Patient is in custody in that situation. Madeley v. State, 2008 WL 482337, Tx.App- Austin 2008
June 24, 2009, 13:01
JB
So, it's kind of like when you were grounded but could go to school or to a doctor's appointment? Lawyers sure can be silly.