Investigative Detention Conditions In Texas

An investigative detention is justified when a police officer has a reasonable suspicion, based upon articulable facts, that some activity out of the ordinary has occurred that is related to crime. See Woods v. State, 956 S.W.2d 33, 35 (Tex. Crim. App. 1997). At the conclusion of an investigative detention, a formal arrest of the suspect can be made by a peace officer if: (1) probable cause exists for the arrest; (2) one of the Texas statutory exceptions to arrest by warrant is established. See Stull v. State, 772 S.W.2d 449, 451 (Tex. Crim. App. 1989); Tex. Code Crim. Proc. Ann. arts. 14.01-.04 (West 1977 & Supp. 2000). Article 14.01(b) provides: "A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view." In lawfully effecting an arrest without a warrant, a peace officer is justified in adopting all the measures that he might adopt in cases of arrest with a warrant, with certain exceptions. See Tex. Code Crim. Proc. Ann. art. 14.05 (West Supp. 2000). The peace officer may not enter the suspect's residence unless consent is first obtained or exigent circumstances exist. See id. Exigent circumstances may include the need to protect police officers or citizens from danger, an increased likelihood of apprehending a suspect, or the possible removal or destruction of evidence. See McNairy v. State, 835 S.W.2d 101, 107 (Tex. Crim. App. 1991). During an investigative detention or lawful arrest, the oral and volunteered admissions of the suspect, not given in response to interrogation by police officers, are admissible at trial as an exception to the Texas confession statute. See Earnhart v. State, 582 S.W.2d 444, 448 (Tex. Crim. App. 1979); Tex. Code Crim. Proc. Ann. art. 38.22, 5 (West 1979). Additionally, any oral statement made by the suspect during a custodial interrogation, which is found to be true and leads to the recovery of the crime instrument by police, is admissible as an exception to the confession statute. See Port v. State, 791 S.W.2d 103, 106 (Tex. Crim. App. 1990); Tex. Code Crim. Proc. Ann. art. 38.22, 3(c) (West 1979).