Texas Basic Peace Officer Certification Practice Exam

According to the Code of Criminal Procedure, under what condition can a peace officer from another state arrest a fleeing person in Texas?

1. If the person is suspected of committing a felony

2. If the person is suspected of committing a misdemeanor punishable by jail

3. If the person is suspected of committing a state jail offense

4. If the person is suspected of committing a capital offense

The correct answer is: If the person is suspected of committing a felony

A peace officer from another state can arrest a fleeing person in Texas if that individual is suspected of committing a felony. This aligns with the principles of extradition and the enforcement of laws across state lines, particularly when serious crimes are involved. The rationale is that felonies typically involve a higher degree of public interest and threat to safety, thereby justifying the additional authority for out-of-state officers to act. In contrast, while misdemeanors and state jail offenses may present significant issues, they do not carry the same level of severity as felonies. This distinction is crucial in maintaining a standard for which out-of-state officers can exercise arrest powers within Texas. Capital offenses, while serious, do not alter the foundational requirement that the suspect must be fleeing from a felony charge for another state officer to initiate an arrest. Thus, the legislation emphasizes the importance of felony accountability as a basis for allowing cross-jurisdictional enforcement actions.