Also known as: apprehensio · apprehensions · apprehended · apprehending · arrest · seizure
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A mental state in which a person reasonably anticipates an imminent harmful or offensive bodily contact. This element completes the tort of assault when created by the defendant's intentional act.
A mental state in which a person reasonably anticipates an imminent harmful or offensive bodily contact. This element completes the tort of assault when created by the defendant's intentional act.
Amber Alonzo grabs a headset cord and swings it toward Arthur Abrams's face, stopping an inch short while threatening to whip him into shape. Abrams sees the cord coming and fears an immediate strike. Alonzo's conduct satisfies the intent element for assault by creating imminent apprehension of harmful contact.
Abigail Alvarez swings her arm intending only to startle Atlas Ventures's employee by brushing his shoulder. The contact occurs and causes minor bruising. Alvarez is liable for battery because she acted with intent to create apprehension of offensive contact even though she did not intend the resulting harm.
The seizure and detention of a person by law enforcement under legal authority such as a warrant or probable cause. This action subjects the individual to custody and triggers constitutional protections against unreasonable searches and seizures.
Aaron Adams learns that his friend committed a felony and lets the friend stay in his basement while supplying food and false identification papers. Officers later discover the arrangement. Adams faces liability as an accessory after the fact because he knowingly assisted the principal to avoid apprehension.
Officers arrest Alexis Archer inside her home on an outstanding warrant. They observe specific facts suggesting an armed associate may be hiding in a closet. The officers conduct a limited sweep of areas where a person could hide. The sweep is valid because the officers held a reasonable belief that the area harbored someone posing danger.
The seizure and detention of a person by law enforcement under legal authority such as a warrant or probable cause. This action subjects the individual to custody and triggers constitutional protections against unreasonable searches and seizures.
Each sense below has its own examples, sources, and questions.
The plaintiff must show a reasonable anticipation of imminent harmful or offensive contact created by the defendant's intentional act. Mere words or negligent conduct are insufficient. The fear must be of contact that is about to occur, not a future or conditional threat.
No. The tort protects the interest in freedom from the apprehension itself. The plaintiff prevails upon proof of reasonable fear of imminent contact regardless of whether any blow lands or any injury occurs.
A federal prosecutor files a complaint with affidavits establishing that Albert Allen committed wire fraud. The magistrate reviews the documents and finds probable cause. The judge issues an arrest warrant directing officers to take Allen into custody. The warrant satisfies the issuance requirements because the complaint and affidavits established probable cause.
Officers lack exigent circumstances yet enter Aaron Adams's residence without a warrant to arrest him for a nonviolent offense. They have no reason to believe he is inside at the time of entry. The arrest is invalid because officers must obtain a warrant before making a nonemergency entry into a suspect's home.
Officers may sweep areas beyond the arrestee's immediate control only if they possess a reasonable belief based on specific and articulable facts that the area harbors an individual posing danger. The sweep must be limited to places where a person may be found.
The complaint or supporting affidavits must establish probable cause to believe that an offense has been committed and that the defendant committed it. Upon that showing the judge must issue the warrant to an authorized officer.
Absent exigent circumstances, officers must obtain an arrest warrant before making a nonemergency entry into a suspect's own home. They may enter only when they have reason to believe the suspect is inside.
…Texas Court of Criminal Appeals disposed of that suggestion peremptorily, saying only, "It is also insisted in the motion in arrest of judgment that the statute is unconstitutional and void in that it does not sufficiently define or describe the offense of abortion. We do not concur in respect to this question."…