I value all of the prosecutors/investigators opinions on this board and would like input for a "friendly" little argument I am having with a co-worker regarding a warrantless arrest scenario.

Scenario: Citizen has a vehicle parked in a public parking lot and observes D damage his car (misdemeanor). Citizen keeps D in view, contacts PD, PD makes scene and detains D. D admits to damage and other PC is found (footprint on car matches D's shoe, ect.)

I say a warrantless arrest is valid, either by 14.01 (citizen arrest, offense within view and against public peace since D caused damage to property in a public setting) or by 14.03 (a) (1) suspicious persons, breach of the peace, ect. with established case law with the courts wide discretion given to Officers.

He of course says that warrantless arrest is not valid or best and a warrant should be obtained.

Thanks for the input and I salute all prosecutors to keep up the good work!!!

I am not a prosecutor but I always appreciate warrantless arrest arguments.

In Texas, peace officers are given their warrantless arrest authority exclusively by statute. If no arrest warrant exists, then the peace officer MUST validate a warrantless arrest by some statutory authority. While we can all agree that most of a peace officer's arrest authorities come from CCP Ch. 14, there are a few scattered arrest authorities in other statutes.

In the scenario you painted, my question would be more focused on the NEED for a warrantless arrest over the justification for a warrantless arrest. In other words, if you can strengthen the ends of any case by foregoing a warrantless arrest for a warranted arrest--do it.

In both statutory authorities you cited, you introduce interpretation issues for each. The CITIZENS arrest relies on the damage to the car being perceived as a breach of the peace to make a warrantless arrest righteous. The other authority (14.03a1) creates a burden that requires a lot of stretching to meet the concept of a "suspicious place" acceptable to the court trying the case.

In my perfect world, the scales of justice tilt toward NOT making a warrantless arrest solely for the reason of erring on the side of caution. That's my thought.

PS: I learned a while back that the prosecutors using this forum do not typically get excited about answering polling questions. A typical response to polling questions is "Check with your local prosecutors in your jurisdiction". You got to appreciate that since the forum is not really intended for such. Nonetheless, keep on asking questions and keep on learning. Best to you.

CRJ

Most prosecutors spend their time wading through reports of misspelled words, their-they're-there errors and the like. A few in Guadalupe County are lucky enough to read (the College Degreed in English) Craig's reports, which generally read like his answer on this forum - well thought out, grammatically correct, and thorough. Keep up the good work Craig.

I would agree with you Rebecca, but I know Craig trolls these waters and I wouldn't want him to get the big head. They can't find him a hat big enough to fit his large melon as it is and any praise might just compound the problem.
(just kidding Jonesey - just kidding).

Hey Rebecca--Thanks for the comment! We still talk good stuff about you and Todd back here in good ol' Seguin. Peace to you and your family.

Hey Joel (JMH)--It's all good! I can't wait to get with you on a misdemeanor case having to do with a Kalahari bushman traveler (non-English speaking) who was a victim to telephone harassment on the ETJ of Bexar and Guadalupe Counties. The suspect in the case is a juvenile female with strong political ties to local figure heads in our county. The Kalahari consulate is demanding swift justice since Bexar County refuses to prosecute. You have been named as the irrevocable prosecutor on the case. Have a peaceful New Year!

Gee, Thanks. And just who is this "Joel" person that you speak of?
I take back all I said... About how I was kidding about your enormous melon, that is.
Oh, and by the way, it's spelled C-A-L-I-F-O-R-N-I-A. Not K-a-l-a-h-a-r-i. Or where you thinking about fried squid? That's calamari.
Happy New Year to you and yours and be safe out there, you hear.

.

Thanks for wanting to learn, I agree with Craig and encourage my younger more enthusiastic investigators to not rush out and arrest someone just because they can. Please call your prosecutor with your questions. I appreciate it when my officers call because occasionally we can put our heads together and come up with a better way to approach the case.An unarrested suspect will say and do incriminating things until he knows he's the target then sometimes they listen to the lawyer.