CODE OF CRIMINAL PROCEDURE CHAPTER 14.

ARREST WITHOUT WARRANT

Art. 14.01. [212] [259] [247] 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. [213] [260] [248] 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. [214] [261] [249] 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;

Text of subd. (a)(3) as amended by Acts 2003, 78th Leg., ch. 836,
Sec. 2

(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; or

Text of subd. (a)(3) as amended by Acts 2003, 78th Leg., ch. 460,
Sec. 2, and ch. 1164, Sec. 2

(3) persons who the peace officer has probable cause to believe have
committed the offense defined by Section 25.07, Penal Code
(violation of Protective Order), 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 assault resulting in bodily injury to a member of the
person's family or household; or

Text of subd. (a)(5) as added by Acts 2003, 78th Leg., ch. 460, Sec.
2, and ch. 1164, Sec. 2

(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.

Text of subd. (a)(5) as added by Acts 2003, 78th Leg., ch. 989, Sec.
1

(5) 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 assault against a
member of the family or household, 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," "household," and "member of a
household" have the meanings assigned to those terms by Chapter 71,
Family Code.

(g) A peace officer listed in Subdivision (1), (2), (3), (4), or
(5), Article 2.12, who is licensed under Chapter 415, Government
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 who is outside
the officer's jurisdiction may arrest a person for a violation of
Subtitle C, Title 7, Transportation Code, only if the officer is
listed in Subdivision (4), Article 2.12. 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.

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.

Art. 14.031. Public Intoxication

(a) In lieu of arresting an individual who commits an offense under
Section 49.02, Penal Code, a peace officer may release an
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 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.

Art. 14.04. [215] [262] [250] 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. [216] [263] [251] 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. [217] [264] [252] Must take offender before magistrate

(a) Except as provided by Subsection (b), 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, if necessary to provide more
expeditiously to the person arrested the warnings described by
Article 15.17 of this Code, before a magistrate in a county
bordering the county in which the arrest was made. 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, and
the offense charged.

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.

 

 

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