Texas Commission on Law Enforcement (TCOLE) Practice Exam

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Under what circumstance can a citizen arrest an offender without a warrant according to the Code of Criminal Procedure?

  1. When the offense is minor

  2. When the offense is committed in their view

  3. When the offender flees

  4. When it occurs in a public place

The correct answer is: When the offense is committed in their view

A citizen can make an arrest without a warrant when the offense is committed in their presence, as outlined in the Code of Criminal Procedure. This means that if an individual directly observes a crime happening, they are granted the authority to intervene and detain the suspect until law enforcement can arrive. This provision is established to empower citizens to act immediately in situations where a crime is occurring, thereby helping to maintain public safety and order. The ability to arrest without a warrant under this condition is rooted in the principle that witnessing a crime provides a reasonable basis for the citizen to believe that an offense has been committed. The other circumstances provided in the choices do not align with the legal framework for citizen arrests in Texas. For instance, minor offenses or the mere act of fleeing do not automatically grant citizens the right to arrest. Similarly, while crimes can happen in public spaces, it is the act of witnessing the offense that is critical for a citizen arrest to be lawful.