Texas Commission on Law Enforcement (TCOLE) Practice Exam

Under Texas law, what must be present for a lawful arrest?

1. Arrest without a warrant

2. Probable cause

3. Administrative approval

4. Legal representation

The correct answer is: Probable cause

For an arrest to be considered lawful under Texas law, there must be probable cause. Probable cause refers to the reasonable belief, based on facts or evidence, that a person has committed, is committing, or will commit a crime. This standard is crucial because it protects individuals from arbitrary arrest and ensures that law enforcement authorities are acting on justifiable grounds. The presence of probable cause is what distinguishes lawful arrests from unlawful detentions. Without it, an arrest may be deemed unlawful, which could lead to suppression of evidence obtained during the arrest and potential legal consequences for the officers involved. While arrests can occur without a warrant, such situations must still be supported by probable cause. Administrative approval and legal representation are not prerequisites for an arrest; they pertain to different aspects of the legal process. Thus, probable cause stands as a fundamental requirement for a lawful arrest in accordance with the law.