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Member
posted June 23, 2009 16:55
Does anybody know what the hell a "noncustodial arrest" is?
 
Posts: 7 | Registered: August 05, 2005Reply With QuoteReport This Post
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posted June 23, 2009 20:23Hide Post
An oxymoron.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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posted June 23, 2009 21:18Hide Post
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.
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
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posted June 24, 2009 07:59Hide Post
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.)
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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posted June 24, 2009 11:20Hide Post
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 . . ."
 
Posts: 261 | Location: Lampasas, Texas, USA | Registered: November 29, 2007Reply With QuoteReport This Post
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posted June 24, 2009 11:45Hide Post
Is the immobilized suspect free to leave? Razz
 
Posts: 689 | Registered: March 01, 2004Reply With QuoteReport This Post
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posted June 24, 2009 12:02Hide Post
My bad. Suspect/Patient is in custody in that situation. Madeley v. State, 2008 WL 482337, Tx.App- Austin 2008
 
Posts: 261 | Location: Lampasas, Texas, USA | Registered: November 29, 2007Reply With QuoteReport This Post
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posted June 24, 2009 13:01Hide Post
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.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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