Laws of Arrest, Search and Seizure
Holding
"A seizure does not occur simply because a police officer approaches and asks a few questions, so long as a reasonable person would feel free to disregard the police and go about his business." "Only when officer, by means of physical force or show or authority, has in some way restrained the liberty of a citizen, may we conclude that a seizure has occurred."
Probable Cause
"Facts and circumstances within the officer's knowledge and of which the officer had reasonably trustworthy information sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been committed or is being committed." This allows you to "arrest" the person for a specific offense
Test for Consensual Encounter v. Seizure
"In the absence of such evidence, otherwise inoffensive contact between a member of the public and the police cannot, as a matter of law, amount to a seizure of that person."
Public Intoxication
(Gives discretion to either arrest release drunk...) In lieu of arresting a person who is not a child, and who commits offense under 49.02 of Penal Code (Public Intoxication), peace officer or a magistrate * may release the person if: If he thinks that putting him in jail is unnecessary for suspect's protection (or others') ; AND an another adult is present willing to take responsibility for the suspect; OR suspect consents to voluntary treatment in a facility. PO may not be held liable for damage resulting from actions of an individual released
How to Articulate Reasonable Suspicion:
- Activity out of the ordinary has occurred, - The suspect is connected to it, and - That activity is related to possible crime.
What information was needed to show reasonable suspicion in Terry Case
- Some out of the ordinary activity is occurring or has occurred; (same window 24 times?) - The suspect is connected with the suspicious activity; (person later arrested was one who looked in same window 24 times), and - The suspicious activity is related to a crime.(officers training and experience weighed heavily here)
Within view of peace officer legal interretation
- The officer must have probable cause to arrest - But for officers, need not personally view every element of the offense committed for PC. - Just at least some part of the offense ust have occurred immediately prior to the time of arrest - PO does not have to view the entire offense himself: Can base on PO's hearing or sight or on observations of other officers
Law defines 3 types of interactions between peace officers and persons:
1) Consensual or Voluntary Encounters - Requires no objective justification 2) Temporary Detentions or investigatory stops - Requires reasonable suspicion 3) Arrests - With and without warrant - Requires probable cause
Four conditions for an arrest
1. Officers intent - to take into custody must be conveyed to the suspect 2. Must have authority - there must be facts giving probable cause to support the arrest 3. Actual (physical seizure of the person - the act of taking the suspect into custody by restraining movement either by physical force or by submitting to assertion of authority by obeying commands. 4. Suspect's understanding - Suspect being arrested must understand the situation, that the officer's intention is to arrest him; or at least, a reasonable person in that position would recognize that s/he is under arrest
Arrest Exceptions to the Warrant requirement
1. Presence or view of the officer 2. Suspicious place or circumstance (felonies, Ch. 42, PI, threaten or about to commit violation of the law) 3. PO Violations (need PC and requires arrest if in presence) 4. Preventing consequences of theft (need PC) 5. Presence or view of a magistrate 6. Assault/family violence (need PC of FV) 7. Fleeing felons (4 req.; credible, felony, escape, no time) 8. Fugitives from another state 9. Interfering with emergency phone calls 10. Admissible felony confession
The Emergency Doctrine 14.05
14.05 exigent circumstances typically involve: Protecting life, (first aid; extract children in danger, protect UC officer, make a protective sweep for officer safety) EX: see fighting inside home (*Brigham City, Utah v. Stuart, 547 US 398, 2006); Maryland v. Buie, 494 US 325, 1990 Protecting property, (extinguish fire; stop burglary in progress) Prevent destruction of evidence, (force defendant to spit out crack in matchbox),* Kentucky v. King, USSCT 2011. Pursuing a fleeing felon into house, "hot pursuit"
Capias Elements
A Capias is sufficient if it has the following requisites: Must run "in the name of the State of Texas;" Must name the person whose arrest is ordered, or if unknown, describe him; Specify the Texas Penal Code offense he/she accused of Name the court and the time it is returnable; Must be dated and sworn to by the authority who issued it.
Mandatory Arrest Authority-Protective Order Violations
A PO shall arrest without a warrant, a person the peace officer has PC to believe has committed an offense under 25.07 (Violation of a Protective Order) or 38.112 Texas Penal Code (Violation of Protective Order based on sexual assault) if the offense is NOT committed in the presence of the peace officer.
15. 04 CCP: A Complaint
A complaint is a sworn affidavit, sworn in front of a magistrate or district or county attorney stating the defendant has committed an offense; The magistrate, on reviewing the complaint, can issue a warrant for the person's arrest, or, if he is already in custody, a issue a commitment to keep him in jail. (PC Affidavit)
Exampes of places to be found Suspicious, ok to arrest w/o warrant
A hospital, driver was taken there after crash, and officer observed slurred speech, red glassy eyes, strong odor alcohol, unable to answer questions intelligibly. A car rental return site; defendant returned car used earlier in a robbery. A park where drugs and prostitution occur regularly. Abandoned house used for drug activity. A Closet at brother's house, where PO believed defendant hiding. Parking lots, especially late at night
A Named Citizen
A magistrate is entitled to rely on information supplied by an average citizen named in a warrant because he or she is "much less likely to produce false or untrustworthy information."
Right to Arrest w/o Warrant 51. 13, Sec. 14 CCP Uniform Criminal Extradition Act
A peace officer or private persons can arrest a person wanted in another state without a warrant, With reasonable info that person stands charged with a crime in other state punishable by death or prison exceeding one year (felony); Must take before a judge/magistrate with all practical speed; And make complaint under oath, setting out grounds for arrest.
When a consensual encounter becomes a "seizure" requiring reasonable suspicion or PC.
A person has been seized within the meaning of the 4th amendment, only if viewing all the circumstances, a reasonable person would have believed he was not free to leave. - Threatening presence of several officers - display of weapon - Some physical touch of the person -use of language or tone
When is a person arrested?
A person is arrested when he has actually been placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant
When is a person arrested according to the CCP
A person is arrested when he has been actually placed under restraint or taken into custody by PO or person executing a warrant of arrest or by PO or person without a warrant; or when he/she is handcuffed by PO
Arrest vs. Temporary Detention
A person is arrested when he has been actually placed under restraint or taken into custody by PO or person executing a warrant of arrest or by PO or person without a warrant; or when he/she is handcuffed by PO. *Because this provision of the Code predates the concept of temporary detention for investigation, its definition of an "arrest" is actually a definition of a "seizure" which may be either an arrest or temporary detention for investigation.
After the Warrantless Arrest: Art. 14.06 Magistrate
After making a warrantless arrest, you take the person before a magistrate, in the county where the arrest was made, or, if it is quicker, to magistrate in a bordering county. The purpose is for the magistrate to give the person his warnings under Art. 15.17 C.C.P.
Art. 15.23 Time of Arrest
An arrest may be made on any day or at any time of the day or night; Note: This is for both felony and misdemeanor arrest warrants.
What is an Examining Trial?
An examining trial is an inquiry into a criminal accusation. This is basically a hearing similar to a motion to suppress evidence, witnesses testify (you) to determine whether probable cause for arrest exists or not
Preventing Consequences of Theft
Any person can seize stolen property and bring the person suspected (if possible,) to magistrate or to a peace officer for examination. Only justified if there is reasonable grounds to believe property is stolen, and seizure must be openly made and proceedings had without delay
Suspicious Places and Circumstances..."
Any place can be "suspicious," according to case law; and the time frame between crime and arrest has to be is short.
Tattoos
Are not statements
Capias v. a Bench Warrant
Art. 23.01 - Definition of "Capias" Writ that issued by the clerk of the court, directing a PO to arrest a person accused of an offense and bring him before the court immediately or on a certain date. Art. 24.13 - Attachment for Convict Witnesses a.k.a ("Bench Warrant") When a person convicted in a (*Texas) prison/jail is needed to testify somewhere in Texas.
Bench Warrant
Art. 24.13 - Attachment for Convict Witnesses a.k.a ("Bench Warrant") When a person convicted in a (*Texas) prison/jail is needed to testify somewhere in Texas.
Maryland vs S
Before this case, once a suspect had invoked their right to have an attorney present, police questioning must cease.
Protective Sweep
Brief search of a house or building to look for individuals only PROTECTIVE SWEEP, OK if: Quick and limited search of premises. Occurs incident to an arrest. Done to protect the safety of police officers or others. Narrowly confined to a cursory visual inspection of those places in which a person must be hiding. (Can't look in the medicine cabinet for dangerous people). Must be articulable facts and rational inferences from those facts, to cause a reasonable officer to believe the area harbors an individual posing a danger to those on the arrest scene." "As an incident to the arrest, officers may, as a precautionary matter and without probable cause or reasonable suspicion, look in closets and other spaces immediately adjoining the place of arrest from which an attack could be immediately launched."
May break door
Can only force entry during the execution of a FELONY arrest warrant, if refused admittance after giving notice of authority and purpose
Statements by Made Officers regarding rights during confession given by suspect
Could affect the voluntariness of the statement ... Always better to not deviate from the standard warnings or written warnings (if written). Safest route- Just keep repeating warnings (Example: Creager v. State,)
Breach of the peace
DWI, PI Some traffic Reckless Driving Disorderly Conduct/fighting Fail to stop and give info peeing in public Criminal Trespass Theft Obscene gesture at a graduation ceremony
Reasonable Suspicion
Evidence that justifies an officer in stopping and questioning an individual believed to be involved in criminal activity may be afoot
Juvenile Statements
Family Code trumps CCP
Motions to Suppress
Filed by a defense attorney to try to prevent evidence from being used in court against the defendant.
What "within view of" means for *citizens making arrest:
For civilian to make arrest..... Not just any crime; *Can arrest for any felony or *Can arrest for breach of the peace, "Within presence or view" is different: Citizen has to directly observe the commission of the crime (enough if it to establish probable cause a crime is being committed).
What is Your Jurisdiction, Officer?
For traffic offenses, jurisdiction is county wide: Municipal officers can arrest for a traffic violation anywhere in the county where municipality employing officer is located For "breaches of peace" or Offenses Within View, * in any county outside your jurisdiction
When can an officer arrest a person?
Get a warrant first - Texas law requires that the officer secure an arrest warrant based on probable cause, issued by a magistrate before arresting a person. This is a must, unless there is a statutory exception to the necessity of a warrant.
Defendants Drawing
Hand drawn diagrams are not oral statements
Jailhouse Snitches (Other inmates)
If a defendant in custody confesses to another inmate, that statement may be testified to by the other inmate even if not recorded. This is not custodial interrogation SO LONG AS the inmate was not prompted by a law enforcement agent to strike up a conversation with defendant about the crime *Not working for law enforcement
Within View of a Magistrate
If a felony or breach of the peace is committed within presence or view of a magistrate, the magistrate can verbally order a peace officer to arrest the person
Rights of Officer to Enter Residence without a Warrant
If an arrest may be made without warrant, the officer is justified in adopting all measures which he might adopt in making an arrest with a warrant. Cannot enter residence to make arrest, even with PC unless: Consent, or Exigent circumstances exist. (* You can't create the emergency!)
Talking to Suspect after Dismissal of Charges
If charge is dismissed by ADA and you want to talk to suspect regarding the offense, and there is a possibility that charges can be re-filed or be included in a more serious charge, then it is unlikely that you are going to be able to talk to the suspect without express waiver of right to counsel. - State v. Frye
Dropped items during a consensual encounter
If person throws down or drops contraband during a consensual encounter, a police officer can retrieve it and it is not a "search" under the 4th amendment
Invocation of Rights by Suspects
If suspect invokes right to remain silent Interrogation must cease. PO cannot re-initiate, but can talk if suspect re-initiates Must wait 14 days If suspect invokes right to attorney Interrogation must cease. Must wait 14 days to re-approach.
Right to an "Examining Trial"
In Texas, after being charged with a felony, but prior to the case being presented to a grand jury and being indicted, an accused person has a right to request an examining trial.
Texas Arrest without Warrant
In Texas, peace officer authority to arrest without warrant is controlled by statute (Texas Code Criminal Procedure) This means that every time you arrest without a warrant, you must identify a statutory exception allowing it
What is Breach of the peace
Includes all violations of public peace or order; it is disturbing tranquility enjoyed by citizens of the community."
Capias
Is a writ that is issued by a judge or by a clerk at the direction of a judge; directed to, "Any peace officer of the State of Texas," commanding the officer to arrest a person accused of an offense; and bring the arrested person to that court immediately or on a certain date.
*Art. 15.02, 4 Requisites of Arrest Warrant
Issues in the name of "The State of Texas"; name or the person whose arrest is ordered, or if unknown, then a reasonably definite description ; State what that the person is accused of against the laws of the State, naming the offense; and It must be signed by the magistrate, and his office be named in the body or the warrant, or in connection with his signature.
Art. 15.03, A Summons or A Warrant
Magistrate can issue either: a summons or a warrant; (think "pleasant", "unpleasant.." ) Warrant means the officer goes out and arrests the person and brings him to the magistrate NOW; Summons means you serve him with a paper telling him when to appear before the magistrate in the future. He gets to come there on his own.
"Two-way Electronic Broadcast"
Means a two-way electronic communication of image and sound between the accused and the magistrate.
Felony Has Been Committed, and Suspect is About to Escape***KNOW THIS
Must show that four circumstances exist: 1. The person giving information is credible; 2. The offense must be a felony; 3. The offender must be about to escape; and 4. There must be no time to obtain a warrant
Does Handcuffing a Suspect Automatically = Arrest?
NO. Using handcuffs does not automatically convert a temporary detention into a full blown arrest. Handcuffing a person who has been temporarily detained may be resorted to in special circumstances, such as briefly handcuffing to secure a scene, to check premises for officer's safety or welfare concerns of others.
Does 38.22 require a suspect to be told he is being recorded?
NOPE! NOT IN TEXAS
Art. 15.05, Requisites of a Complaint(4)
Name of the accused or, if unknown, a reasonably sufficient physical description; (WHO) shows the defendant committed an offense or that the affiant has good reason to believe and does believe that he committed the offense; (DID WHAT) Time and place of offense (as best you can); (WHEN and WHERE) Must be signed by the affiant. (PO PROVIDING INFO AND SWEARING IT IS TRUE )
CCP apply to questioning by non-law enforcement personnel?
No Loss-prevention personnel? School Teachers? EMT/s ER Doctors/Nurses? Probation officer? CPS?
Miranda Vs
No condession is admissible under the 5th amendment (self incrimination clause) and 6th Amendment (right to counsel) unless a suspect has been made aware of his rights and the suspect had then waived them: The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him.
Written Statements
No written statement of an accused as a result of custodial interrogation is admissible as evidence in a criminal proceeding unless shown on the face of the statement that: (a) Prior to making the statement, he either received from a magistrate the warning provided in Art. 15.17 or received from the person to whom the statement is made that: He has a right to remain silent and not make any statement at all, and any statement he does make may be used against him at trial; Any statement he makes may be used against him in court; Has a right to a lawyer present to advise him prior to and during questioning; If unable to employ lawyer, he has right to have one appointed to advise him prior/during questioning; Has the right to terminate interview at any time; and (b) the accused, prior to and during the making of the statement knowingly, intelligently, and voluntarily waived the rights set out in the warnings in subsection (a).
Can someone besides the defendant invoke his right to attorney for him?
No, so long as that person is not acting as an agent of law enforcement
15.16 How Arrest Warrant is Executed
Officer executing arrest warrant shall take the person without unnecessary delay before a magistrate who issued the warrant if in same county where the person was arrested; If in another county, take before some other magistrate in the county where he was arrested
Art. 15.17, Duties of Arresting Officer and Magistrate
Officer's duty is to see that he appears before a magistrate without unreasonable delay; but not later than 48 hours. Magistrate's duty at the 48 hour hearing is to tell the defendant: what crime he is charged with, Read him his rights (Texas Statutory Rights) and allow him reasonable time to consult with counsel.
When does a consensual encounter become a detention?
Only when the PO verbally, or non verbally, conveys that compliance is required does an encounter become a detention.
Rationale for Consensual Encounters
PO's are free to have voluntary conversations with people as the rest of us the PO does not coerce a persons cooperation A reasonable person would feel free in that situation to ignore the questions and walk away
Persons Found in Suspicious Places Under Suspicious Circumstances
Peace officer may arrest without warrant: (a)(1) Persons found in suspicious places and in suspicious circumstances" which reasonably show that such person has been guilty of some felony, violation of Title 9, Chapter 42(Disorderly Conduct), breach of the peace, or offense under Sec. 49.02 (DWI), or threaten or are about to commit some offense against the laws
Arresting without a warrant
Persons Found in Suspicious Places Under Suspicious Circumstances, Art. 14.03(a)(1) C.C.P. (more later...) 5. Have PC for Assault (BI) and Threat of Further Bodily Injury, Art. 14.03(a)(2); 6. Violation of Protective Order Not in a Peace Officer's Presence, Art. 14.03(a)(3) 7. Assaults Resulting in Bodily Injury to a Member of the Family of Household, Art. 14.03(a)(4) C.C.P.; 8. Violation of a Protective Order in a Peace Officer's Presence, Art. 14.03(b); 9. When a Felony has been Committed and the Defendant is about to Escape, no time to get Warrant Art. 14.04. C.C.P.; (more later...) 10. Preventing the Consequences of Theft, Art. 18.16, C.C.P. (more later..)
What constitutes "interrogation"
Questions or comments will be considered interrogation if they are intended to illicit an incriminating response.
Temporary Detention is based off of what?
Reasonable Suspicion
Reasonable Suspicion based upon Articulate Facts
Reasonable Suspicion, based on a collection of facts, (which individually may appear innocent), when combined with training and experience show a reasonable inference that: - Activity out of the ordinary, - The suspect detained is connected to that activity, - The activity is related to possible crime. (Terry Stop_) Terry pat down or frisk Must articulate reasonable belief that the person is armed and dangerous
What is always needed to make a lawful arrest (with or w/o a warrant)
Reasonable suspicion is required to lawfully detain a person; PROBABLE cause s ALWAYS required for a lawful arrest: PC is always required for a magistrate to issue an arrest warrant; And PC is also required in a "warrantless arrest" situation.
Examples of questions not considered to be interrogation
Routine booking questions Jail classification deputy's questions to defendant about his gang affiliation Routine questions during traffic stop Overheard statements by defendant Spontaneous statements by defendant Officer's recollection of defendant's writing in a notebook several years earlier, even though book had long been destroyed
What does not constitute as "Custody"
Routine traffic stops Routine interview with probation officer Voluntarily accompanying officer to police station, even if the defendant thought himself to be a suspect at that time Being the "focus of the investigation"
Offenses Committed in Presence of View of Officer or "Other Person, Art. 14.01 (a) and (b)
Section (a): A peace officer or any other person, may without a warrant, arrest when the offense is committed in his presence or view, if: the offense is one classed as a felony , or as an offense "against the public peace." (= a "breach of the peace") Section (b) A peace officer may arrest an offender without a warrant for any offense committed within his presence or within his view
1.21 CCP Privilege of Legislators
Senators and Representatives- (except in treason, felonies, or breaches of the peace) are privileged from arrest during legislative session, going to and returning from , allowing one day for every twenty miles the member resides from the place at which the Legislature convened
What is not breach of the peace?
Speeding Running red light open container of alchol Obscene gesture in traffic
Interaction between state and Federal Law
State law can place more restrictions on law enforcement conduct than federal law, but state law cannot make the laws less restrictive on law enforcement than the Federal or Constitutional law.
Summons vs Capias
Summons: is in same form as capias, except it shall summon the defendant to appear before the proper court at a stated time and place. A summons shall be served on defendant by delivering it to him personally or by leaving it at his usual place of abode with a person of suitable age and discretion, or by mailing it to defendant's last known address
What Supreme Court case gives police officers the authority to pat-down or frisk a suspect during the course of his/her daily duties?
Terry v. Ohio (Terry Pat) (Armed AND Dangerous)
How Sure Must You be That Felon is Going to Escape?
Texas Courts struggle -Split Opinions; some require: full probable cause of intent to escape; some act by suspect tending to show intent to escape; or have no requirement to show any act tending to show intent to escape
What does the legality of an arrest or search matter?
The Exclusionary Rule - Any evidence seized as a result of a search or arrest determined to be unlawful will be suppressed and excluded in any hearing or trial of the person whose rights under the 4th Amendment were violated."
Must provide Copy of Statement to defendant
The Exclusionary Rule will bar the prosecution from using the defendant's custodial statement against him at trial if a complete accurate copy is not provided to him no later than 20 days prior to trial. Period.
Mapp vs. Ohio
The case that applied the exclusionary rule to the States via the 14th Amendment Due Process.
What if the mere approach of a PO makes a person uncomfortable
The fact that a PO's approach may make a person uncomfortable is not alone sufficient to establish seizure.
Creager v. State
The issue is whether the interrogator's remarks during the interrogation might have led the suspect to believe that a confession would help him, making confession INVOLUNTARY
Defendant in Patrol Car, on Jail Telephones
The law does not recognize a legitimate 4th Amendment right to privacy in what a defendant says while in jail or otherwise in custody in a patrol car. The recordings are admissible, without necessity of warnings. No "interrogation" by law enforcement, so 38.22 is not triggered here. *No privacy in the patrol car or jail telephone
4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. MUST BE REASONABLE
Custodial Statements - Miranda
The right to remain silent, and that anything they say can and will be used against them in the court (5th Amendment right against self-incrimination) CUSTODY AND INTERROGATION Right to an attorney during interrogation, and if can't afford one, one will be appointed to represent them (6th Amendment) *Applies only to persons in custody (at/after arrest) not to detentions, consensual encounters
Diplomatic Immunity
The theory: allow foreign representatives to work in host countries without fully understanding all the customs of that country. several levels; the higher the rank, the greater the immunity: Diplomatic agents and immediate families are immune from all criminal prosecution and civil lawsuits. Consular employees receive immunity only for acts that are part of their official duties (Ex: they cannot be forced to testify in court about the actions of the people they work with.)
Constructive Custody
The words, "confined," "imprisoned" "in custody" "confinement" and "imprisonment" refer not only to the actual corporeal and forcible detention of a person, but likewise to any coercive measures by threats, menaces, or fear of injury whereby one person exercises a control over the person of another and detains him within certain limits.
The Summons/ Capias difference
Think summons = "party invitation," Think capias = "We're going downtown. Now." Or, summons = pleasant; capias = not pleasant.
About to Escape? Factors to consider
Time between crime and arrest? Did Defendant know he was being pursued; what actions thereafter? How mobile is the suspect? Geographic location of arrest (public street v. private home) How long would it take to stop, go get the warrant? Evidence of previous flight is sufficient to show probable flight in future. *EASY when the suspect is clearly fleeing (high speed chases..); leaving the scene is always relevant; (*) But merely leaving, alone, is not by itself sufficient... (Fry v. State).
Arrest without a warrant
US Constitution: Officers can arrest in public w/o a warrant if probable cause exists, even if there was time to get a warrant. (Payton v. New York)
Art. 15.26, Authority to Arrest Must be Made Known
Upon arrest, you must tell the accused under what authority the arrest is made (PPD) You must tell the suspect why he is being arrested (either give him copy of warrant or tell him the charge and the fact that a warrant was issued), You do not, however, have to have the arrest warrant with you at the time of the arrest. The warrant itself and the affidavit supporting it are PUBLIC INFORMATION (filed by you with district clerk after warrant is served).
When do you need to read Miranda?
When they are arrested AND interrogation
California vs. Hodari
any discarded evidence may be used against a defendant
Restraint
is a kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.
Oral Statement
no oral statement of an accused made as a result of custodial interrogation shall be admissible against him unless: (1) An electronic recording is made of the statement; (2) Prior to the statement but during the recording the accused is given warnings in Sec. 2 (a) above and he knowingly, intelligently, and voluntarily waives the rights set out in the warning; The recording device was capable of making an accurate recording, operator was competent, and the recording is accurate and has not been altered; (4) All the voices on the recording are identified; (5) And not later than the 20th day before the date of the proceeding the attorney for the defendant has been provided a true, complete, and accurate copy of all recordings of the defendant.
Custody
under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court in this state or another state or the United States, or Under the restraint by an agent or an employee of a facility that is operated by or under contract with the United States and that confines persons arrested for, charged with or convicted of criminal offenses.
