2005 Texas Code of Criminal Procedure CHAPTER 14. ARREST WITHOUT WARRANT

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, eff. Jan. 1, 1966.  
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, eff. Jan. 1, 1966.             


	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;
	(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, eff. Jan. 1, 1966.  
Amended by Acts 1967, 60th Leg., p. 1735, ch. 659, Sec. 9, eff. Aug. 
28, 1967;  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;  
Acts 1987, 70th Leg., ch. 68, Sec. 1, eff. Sept. 1, 1987;  Acts 1989, 
71st Leg., ch. 740, Sec. 1, eff. Aug. 28, 1989;  Acts 1991, 72nd 
Leg., ch. 542, Sec. 9, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 
900, Sec. 3.02, eff. Sept. 1, 1994;  Acts 1995, 74th Leg., ch. 76, 
Sec. 14.17, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 829, Sec. 
1, eff. Aug. 28, 1995;  Acts 1999, 76th Leg., ch. 62, Sec. 3.02, eff. 
Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 210, Sec. 2, eff. May 24, 
1999;  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. 897, Sec. 1, 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;  Acts 2003, 78th Leg., 
ch. 1276, Sec. 7.002(d), eff. Sept. 1, 2003.

Subsec. (a) amended by Acts 2005, 79th Leg., ch. 728, Sec. 4.002, 
eff. Sept. 1, 2005; Subsec. (a) amended by Acts 2005, 79th Leg., ch. 
788, Sec. 4, eff. Sept. 1, 2005; Subsec. (c) and (f) amended by Acts 
2005, 79th Leg., ch. 788, Sec. 5, eff. Sept. 1, 2005; Subsec. (g) 
amended by Acts 2005, 79th Leg., ch. 847, Sec. 1, eff. Sept. 1, 
2005;  Acts 2005, 79th Leg., ch. 1015 Sec. 1, eff. Sept. 1, 2005.


	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, eff. Jan. 1, 1966.             


	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, eff. Jan. 1, 1966.  
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, 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, and the offense charged.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.  
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;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.05, eff. Sept. 1, 
1994;  Acts 1995, 74th Leg., ch. 262, Sec. 81, eff. Jan. 1, 1996;  
Acts 2001, 77th Leg., ch. 906, Sec. 3, eff. Jan. 1, 2002.

Subsec. (a) amended by Acts 2005, 79th Leg., ch. 1094, Sec. 1, eff. 
Sept. 1, 2005.