Texas Commission on Law Enforcement (TCOLE) Practice Exam

Under what condition may a peace officer make an arrest outside of their jurisdiction?

1. If the offense is a misdemeanor

2. If the offense is within the officer's presence or view

3. If the suspect is fleeing

4. If the officer possesses a warrant

The correct answer is: If the offense is within the officer's presence or view

A peace officer may make an arrest outside of their jurisdiction if the offense is committed within the officer's presence or view. This principle is grounded in the concept of "hot pursuit" and ensures that officers can act to maintain public safety regardless of jurisdictional boundaries. When an officer observes a crime taking place, it is their responsibility to intervene and take enforcement action. This is particularly important for preventing further harm, protecting victims, and ensuring that offenders do not escape justice. Even though jurisdictional lines exist, the immediacy of witnessing a crime allows officers to act. The other conditions mentioned may involve scenarios where an arrest could be potentially justified, but they do not provide the same immediate authority that the observation of an offense does. For example, although fleeing suspects can be pursued under certain circumstances, it is the direct observation of the violation that grounds the authority for arrest across jurisdictions.