Arrest Without Warrant

Front 1

Art. 14.01 Offense within View.

Back 1

1. A Police Officer or any other person may arrest without warrant if the offense is a felony or an offense against the public peace.

2. Police Officer may arrest for any offense in his view.

Front 2

Art. 14.02 Within View of Magistrate.

Back 2

A Police Officer may arrest for felony or breach of peace committed within view of magistrate and such magistrate verbally orders the arrest.

Front 3

Art. 14.03 Authority of Peace Officers.

Back 3

1. Any Police Officer may arrest without warrant;
a. persons found in suspicious
places and under circumstances
which reasonably show that they
have been guilty of a felony,
disorderly conduct,
intoxication or alcohol
violation or threaten or are
about to commit some offense
against the law
b. persons that have committed
assault resulting in bodily
injury and there is a danger
of further bodily injury
c. violation of protective order
d. family violence
e. person who has interferred with
placing an emergency phone call
f. person who makes an admissable
statement of a felony
2. Police Officer shall arrest for violation of protective order in his presence.
3. Upon allegation of family violence or violation of protective order, officer shall remain at the scene to verify allegation and to prevent further acts or violations.
4. Officer outside their jurisdiction may arrest for felony, disorderly conduct, alcohol violations or breach of peace. They shall notify Law Enforcement agency having jurisdiction. The agency shall take custody of the person and bring him before a magistrate.
5. Justification for conduct provided by Penal Code.
6. Family/Household definition same as family code.
7. Officer outside jurisdiction may arrest for any offense in his view except for speeding. They shall notify local agency who will take custody and bring before magistrate.

Front 4

Art. 14.031 Public Intoxication.

Back 4

1. In lieu of arresting for Public Intoxication, officer may release a person if;
a. officer believes jail is
unnecessary for the protection
of the person and others; and
b. the individual (1) is released
to the care of an adult who
assumes responsibility
(2) verbally consents to
voluntary treatment for
chemical dependency
2. Magistrate may release if determines the person meets the "in lieu of" conditions.
3. Past releases to chemical dependency program can't be considered.
4. Police Officer or agency can't be held liable for persons actions if released properly.

Front 5

Art. 14.04 When Felony has been Committed.

Back 5

When a credible person provides proof that a felony has been committed and that the suspect is about to escape so that there is no time to procure a warrant, the officer may pursue and arrest the suspect.

Front 6

Art. 14.05 Rights of Officer.

Back 6

Officer making arrest without warrant is justified in adopting all measures which might be used to make arrest with warrant except officer may not enter a residence unless;
a. person who resides at house
consents
b. exigent circumstances require
officer to enter without
consent

Front 7

Art. 14.051 Arrest by Peace Officer from other Jurisdiction.

Back 7

1. A Police Officer from another state who is in fresh pursuit of a person for a felony may continue into this state and arrest the person.
2. "Fresh Pursuit" means without reasonable delay by a Police Officer.

Front 8

Art. 14.06 Must take Offender Before Magistrate.

Back 8

1. Except for (B) a Police Officer making an arrest or having custody of a person under arrest, shall take them before a magistrate without unnecessary delay but not later than 48 hours.
2. Class C offenses, other than alcohol related, may issue citation that contains written notice of time/place to appear before magistrate, name and address of person charged and the offense charged.