Texas-Book-Gun Law Armed And Educated - Flipbook - Page 37
C. Temporary detention
A temporary detention occurs when a police officer stops and holds
a person, restricting their right to walk away. A police officer is
legally justified in conducting a temporary detention when the
officer has “reasonable suspicion” based on specific articulable facts
that a person has broken, is breaking, or will break the law. While
lawfully detained, a police officer may check arrest warrants, frisk
the outside of clothing, remove weapons, or handcuff and place a
person in the back of a squad car.
There is no requirement for a police officer to read a person
their Miranda Rights warning during a temporary detention. See
discussion of Miranda v. Arizona, below. What a person says to
the police and the surrounding circumstances of the detention may
give rise to probable cause to arrest even if the detention was based
on completely different suspicion. Any evidence obtained during
the temporary detention may be used against that person in court.
EXAMPLE:
Police receive a call about a man wearing a red shirt who is
causing a commotion at the park. Upon arrival, the police observe
a man matching the description who appears intoxicated. The
police have reasonable suspicion to detain this man for criminal
investigation.
D. Arrest
Police may arrest a person if they have probable cause to believe a
crime has been or is being committed. In Texas, a formal arrest occurs
when someone is placed into custody in a manner such that a reasonable
person would believe they have been deprived of their freedom. At the
point of arrest, most of the person’s legal rights and protections are
26 | CHAPTER TWO
