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 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. 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, and the offense charged.
(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.
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Long term effects can include a criminal record FOR LIFE, affect your
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application, loss of your Driver's License, surcharges on your
License......and the list goes on and on.  These can be avoided with a good
Houston Criminal Defense Lawyer.
ANDY NOLEN HOUSTON CRIMINAL LAWYER
OVER 17 YEARS  CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT
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