CHAPTER 14. ARREST WITHOUT WARRANT - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 14. ARREST WITHOUT WARRANT

Art. 14.01. OFFENSE WITHIN VIEW. (a) A peace officer or any

other person, may, without a warrant, arrest an offender when the

offense is committed in his presence or within his view, if the

offense is one classed as a felony or as an offense against the

public peace.

(b) A peace officer may arrest an offender without a warrant for

any offense committed in his presence or within his view.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1967, 60th Leg., p. 1735, ch. 659, Sec. 8, eff. Aug. 28, 1967.

Art. 14.02. WITHIN VIEW OF MAGISTRATE. A peace officer may

arrest, without warrant, when a felony or breach of the peace has

been committed in the presence or within the view of a

magistrate, and such magistrate verbally orders the arrest of the

offender.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 14.03. AUTHORITY OF PEACE OFFICERS. (a) Any peace officer

may arrest, without warrant:

(1) persons found in suspicious places and under circumstances

which reasonably show that such persons have been guilty of some

felony, violation of Title 9, Chapter 42, Penal Code, breach of

the peace, or offense under Section 49.02, Penal Code, or

threaten, or are about to commit some offense against the laws;

(2) persons who the peace officer has probable cause to believe

have committed an assault resulting in bodily injury to another

person and the peace officer has probable cause to believe that

there is danger of further bodily injury to that person;

(3) persons who the peace officer has probable cause to believe

have committed an offense defined by Section 25.07, Penal Code

(violation of Protective Order), or by Section 38.112, Penal Code

(violation of Protective Order issued on basis of sexual

assault), if the offense is not committed in the presence of the

peace officer;

(4) persons who the peace officer has probable cause to believe

have committed an offense involving family violence;

(5) persons who the peace officer has probable cause to believe

have prevented or interfered with an individual's ability to

place a telephone call in an emergency, as defined by Section

42.062(d), Penal Code, if the offense is not committed in the

presence of the peace officer; or

(6) a person who makes a statement to the peace officer that

would be admissible against the person under Article 38.21 and

establishes probable cause to believe that the person has

committed a felony.

(b) A peace officer shall arrest, without a warrant, a person the

peace officer has probable cause to believe has committed an

offense under Section 25.07, Penal Code (violation of Protective

Order), or Section 38.112, Penal Code (violation of Protective

Order issued on basis of sexual assault), if the offense is

committed in the presence of the peace officer.

(c) If reasonably necessary to verify an allegation of a

violation of a protective order or of the commission of an

offense involving family violence, a peace officer shall remain

at the scene of the investigation to verify the allegation and to

prevent the further commission of the violation or of family

violence.

(d) A peace officer who is outside his jurisdiction may arrest,

without warrant, a person who commits an offense within the

officer's presence or view, if the offense is a felony, a

violation of Chapter 42 or 49, Penal Code, or a breach of the

peace. A peace officer making an arrest under this subsection

shall, as soon as practicable after making the arrest, notify a

law enforcement agency having jurisdiction where the arrest was

made. The law enforcement agency shall then take custody of the

person committing the offense and take the person before a

magistrate in compliance with Article 14.06 of this code.

(e) The justification for conduct provided under Section 9.21,

Penal Code, applies to a peace officer when the peace officer is

performing a duty required by this article.

(f) In this article, "family violence" has the meaning assigned

by Section 71.004, Family Code.

(g)(1) A peace officer listed in Subdivision (1), (2), or (5),

Article 2.12, who is licensed under Chapter 1701, Occupations

Code, and is outside of the officer's jurisdiction may arrest

without a warrant a person who commits any offense within the

officer's presence or view, other than a violation of Subtitle C,

Title 7, Transportation Code.

(2) A peace officer listed in Subdivision (3), Article 2.12, who

is licensed under Chapter 1701, Occupations Code, and is outside

of the officer's jurisdiction may arrest without a warrant a

person who commits any offense within the officer's presence or

view, except that an officer described in this subdivision who is

outside of that officer's jurisdiction may arrest a person for a

violation of Subtitle C, Title 7, Transportation Code, only if

the offense is committed in the county or counties in which the

municipality employing the peace officer is located.

(3) A peace officer making an arrest under this subsection shall

as soon as practicable after making the arrest notify a law

enforcement agency having jurisdiction where the arrest was made.

The law enforcement agency shall then take custody of:

(A) the person committing the offense and take the person before

a magistrate in compliance with Article 14.06; and

(B) any property seized during or after the arrest as if the

property had been seized by a peace officer of that law

enforcement agency.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1967, 60th Leg., p. 1735, ch. 659, Sec. 9, eff. Aug. 28, 1967.

Amended by Acts 1981, 67th Leg., p. 1865, ch. 442, Sec. 1, eff.

Aug. 31, 1981; Acts 1985, 69th Leg., ch. 583, Sec. 2, eff. Sept.

1, 1985; Subsec. (c) amended by Acts 1987, 70th Leg., ch. 68,

Sec. 1, eff. Sept. 1, 1987; Subsecs. (a), (b) amended by and (d),

(e) added by Acts 1989, 71st Leg., ch. 740, Sec. 1, eff. Aug. 28,

1989; Acts 1991, 72nd Leg., ch. 542, Sec. 9, eff. Sept. 1, 1991;

Subsecs. (a), (d) amended by Acts 1993, 73rd Leg., ch. 900, Sec.

3.02, eff. Sept. 1, 1994; Subsecs. (a), (b) amended by Acts 1995,

74th Leg., ch. 76, Sec. 14.17, eff. Sept. 1, 1995; Subsec. (g)

added by Acts 1995, 74th Leg., ch. 829, Sec. 1, eff. Aug. 28,

1995; Subsec. (g) amended by Acts 1999, 76th Leg., ch. 62, Sec.

3.02, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch.

210, Sec. 2, eff. May 24, 1999; Subsec. (a) amended by Acts 2003,

78th Leg., ch. 460, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th

Leg., ch. 836, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg.,

ch. 989, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.

1164, Sec. 2, eff. Sept. 1, 2003; Subsec. (b) amended by Acts

2003, 78th Leg., ch. 836, Sec. 2, eff. Sept. 1, 2003; Subsec. (c)

amended by Acts 2003, 78th Leg., ch. 836, Sec. 2, eff. Sept. 1,

2003; Subsec. (d) amended by Acts 2003, 78th Leg., ch. 897, Sec.

1, eff. Sept. 1, 2003; Subsec. (f) amended by Acts 2003, 78th

Leg., ch. 1276, Sec. 7.002(d), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

788, Sec. 4, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

788, Sec. 5, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

847, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1015, Sec. 1, eff. September 1, 2005.

Art. 14.031. PUBLIC INTOXICATION. (a) In lieu of arresting an

individual who is not a child, as defined by Section 51.02,

Family Code, and who commits an offense under Section 49.02,

Penal Code, a peace officer may release the individual if:

(1) the officer believes detention in a penal facility is

unnecessary for the protection of the individual or others; and

(2) the individual:

(A) is released to the care of an adult who agrees to assume

responsibility for the individual; or

(B) verbally consents to voluntary treatment for chemical

dependency in a program in a treatment facility licensed and

approved by the Texas Commission on Alcohol and Drug Abuse, and

the program admits the individual for treatment.

(b) A magistrate may release from custody an individual who is

not a child, as defined by Section 51.02, Family Code, and who is

arrested under Section 49.02, Penal Code, if the magistrate

determines the individual meets the conditions required for

release in lieu of arrest under Subsection (a) of this article.

(c) The release of an individual under Subsection (a) or (b) of

this article to an alcohol or drug treatment program may not be

considered by a peace officer or magistrate in determining

whether the individual should be released to such a program for a

subsequent incident or arrest under Section 49.02, Penal Code.

(d) A peace officer and the agency or political subdivision that

employs the peace officer may not be held liable for damage to

persons or property that results from the actions of an

individual released under Subsection (a) or (b) of this article.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.04, eff. Sept. 1,

1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

311, Sec. 1, eff. September 1, 2009.

Art. 14.04. WHEN FELONY HAS BEEN COMMITTED. Where it is shown by

satisfactory proof to a peace officer, upon the representation of

a credible person, that a felony has been committed, and that the

offender is about to escape, so that there is no time to procure

a warrant, such peace officer may, without warrant, pursue and

arrest the accused.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 14.05. RIGHTS OF OFFICER. In each case enumerated where

arrests may be lawfully made without warrant, the officer or

person making the arrest is justified in adopting all the

measures which he might adopt in cases of arrest under warrant,

except that an officer making an arrest without a warrant may not

enter a residence to make the arrest unless:

(1) a person who resides in the residence consents to the entry;

or

(2) exigent circumstances require that the officer making the

arrest enter the residence without the consent of a resident or

without a warrant.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1987, 70th Leg., ch. 532, Sec. 1, eff. Aug. 31,

1987.

Art. 14.051. ARREST BY PEACE OFFICER FROM OTHER JURISDICTION.

(a) A peace officer commissioned and authorized by another state

to make arrests for felonies who is in fresh pursuit of a person

for the purpose of arresting that person for a felony may

continue the pursuit into this state and arrest the person.

(b) In this article, "fresh pursuit" means a pursuit without

unreasonable delay by a peace officer of a person the officer

reasonably suspects has committed a felony.

Added by Acts 1989, 71st Leg., ch. 997, Sec. 2, eff. Aug. 28,

1989.

Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE. (a) Except as

otherwise provided by this article, in each case enumerated in

this Code, the person making the arrest or the person having

custody of the person arrested shall take the person arrested or

have him taken without unnecessary delay, but not later than 48

hours after the person is arrested, before the magistrate who may

have ordered the arrest, before some magistrate of the county

where the arrest was made without an order, or, to provide more

expeditiously to the person arrested the warnings described by

Article 15.17 of this Code, before a magistrate in any other

county of this state. The magistrate shall immediately perform

the duties described in Article 15.17 of this Code.

(b) A peace officer who is charging a person, including a child,

with committing an offense that is a Class C misdemeanor, other

than an offense under Section 49.02, Penal Code, may, instead of

taking the person before a magistrate, issue a citation to the

person that contains written notice of the time and place the

person must appear before a magistrate, the name and address of

the person charged, the offense charged, and the following

admonishment, in boldfaced or underlined type or in capital

letters:

"If you are convicted of a misdemeanor offense involving violence

where you are or were a spouse, intimate partner, parent, or

guardian of the victim or are or were involved in another,

similar relationship with the victim, it may be unlawful for you

to possess or purchase a firearm, including a handgun or long

gun, or ammunition, pursuant to federal law under 18 U.S.C.

Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you

have any questions whether these laws make it illegal for you to

possess or purchase a firearm, you should consult an attorney."

(c) If the person resides in the county where the offense

occurred, a peace officer who is charging a person with

committing an offense that is a Class A or B misdemeanor may,

instead of taking the person before a magistrate, issue a

citation to the person that contains written notice of the time

and place the person must appear before a magistrate of this

state as described by Subsection (a), the name and address of the

person charged, and the offense charged.

(d) Subsection (c) applies only to a person charged with

committing an offense under:

(1) Section 481.121, Health and Safety Code, if the offense is

punishable under Subsection (b)(1) or (2) of that section;

(2) Section 28.03, Penal Code, if the offense is punishable

under Subsection (b)(2) of that section;

(3) Section 28.08, Penal Code, if the offense is punishable

under Subsection (b)(1) of that section;

(4) Section 31.03, Penal Code, if the offense is punishable

under Subsection (e)(2)(A) of that section;

(5) Section 31.04, Penal Code, if the offense is punishable

under Subsection (e)(2) of that section;

(6) Section 38.114, Penal Code, if the offense is punishable as

a Class B misdemeanor; or

(7) Section 521.457, Transportation Code.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1967, 60th Leg., p. 1735, ch. 659, Sec. 10, eff. Aug. 28, 1967.

Amended by Acts 1987, 70th Leg., ch. 455, Sec. 1, eff. Aug. 31,

1987; Acts 1991, 72nd Leg., ch. 84, Sec. 1, eff. Sept. 1, 1991.

Subsec. (b) amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.05,

eff. Sept. 1, 1994; amended by Acts 1995, 74th Leg., ch. 262,

Sec. 81, eff. Jan. 1, 1996; Subsec. (a) amended by Acts 2001,

77th Leg., ch. 906, Sec. 3, eff. Jan. 1, 2002.

Amended by:

Acts 2005, 79th Leg., Ch.

1094, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

320, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1379, Sec. 1, eff. September 1, 2009.