You’ve probably heard about arrest warrants; often, a judge or magistrate
issues an arrest warrant when someone fails to appear in court as required,
or when the state has enough evidence against a suspect to seek an arrest
through an arrest warrant. But what about warrantless arrests, when are
Under Title 1, Chapter 14 of the
Code of Criminal Procedure, it explains when it’s legal to make an arrest without a warrant.
Generally, a warrantless arrest can be made in the following situations:
- When an offense is committed within view of a police officer. Under Art.
14.01, a police officer can arrest someone if they committed an offense
against the public peace, or a felony within the officer’s view
or in the officer’s presence.
- When an offense is committed in the presence of or within the view of a
magistrate and the magistrate gives verbal orders for a peace officer
to make an arrest.
Art. 14.03 outlines the authority of peace officers. Under Art. 14.03(a),
it says that any peace officer can arrest someone
without a warrant if the suspect is in a suspicious place under suspicious circumstances
that indicate the individual may have: 1) committed a felony, 2) breached
the peace, 3) violated a
family violence protective order, or 4) when the suspect is about to break a law.
In addition to the above, peace officers can arrest someone who the officer
has probable cause to believe committed family violence, such as spousal
abuse or child abuse, or violated a
protective order regardless if it was in the officer’s presence.
Under Article 14.03(d), peace officers can arrest people even when they’re
out of their jurisdiction. Under Art. 14.03(d) it says, “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”
as long as it’s a breach of the public peace or a felony. In conclusion,
police officers have a lot of freedom to initiate warrantless arrests;
however, there are situations where the legality of an arrest can be challenged in court.
Are You Facing Criminal Charges?
If you’re facing criminal charges in Plano, Dallas or Fort Worth,
we urge you to contact our firm at once to set up a consultation with
a member of our top-rated legal team.
Call today to find out how our firm can help you.