Chapter 15 Arrest Under Warrant

Question 1

15.01: what is a warrant of arrest?

A __________, _________________, _______________, __________

Answer 1

A written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.

Question 2

15.02: 4 requirements of a warrant

Answer 2

1. Must be issued in “The State of Texas”
2. Must specify the name of the person whose arrest is ordered if known. If unknown, a reasonably definite description must be given.
3. Must state the person is accused of some offense against the laws of the state and name the offense
4. Must be signed by a magistrate and his office be named in the body of the warrant or in connection with his signature

Question 3

15.03: when can a magistrate issue an arrest warrant or summons? (3)

Answer 3

1. In any case which he is authorized by law to order verbally the arrest of an offender
2. When any person shall make path before the magistrate that another has committed some offense against the laws of the state
3. In any case named in this code where he is specifically authorized to issue warrants of arrest

Question 4

15.03 when can a summons be issued?

Answer 4

In any case where a warrant may be issued and shall be in the same form as the warrant except it summons the defendant to appear before a magistrate at a stated time and place

Question 5

15.03 if you can’t find someone to personally give a summons, how else can it be issued? (3)

Answer 5

1. Leaving it at his dwelling or usual place of abode with some person of suitable age and discretion then residing therein
2. Mailing to last known address

If they fail to appear a warrant shall be issued

Question 6

15.03: if an electronic recording of a magistrate meeting is made (as in mags for traffic warrants), how long must the recording be preserved? (2)

Answer 6

1. Until the defendant is acquitted
2. All appeals relating to the offense have been exhausted

Can the counsel obtain a copy of the recording? Yes!

Question 7

15.04: what is the affidavit made before the magistrate or district or county called if it charges the commission of an offense?

Answer 7

Complaint

Question 8

15.05 what are the requisites of a complaint? (4)

Answer 8

1. Name the accused or if unknown must give a reasonably definite description
2. State they committed some offense against laws of this state either directly or that the affiant has good reason to believe and does believe the accused has committed the offense
3. State time and place of offense
4. Signed by affiant

Question 9

15.17: if arresting someone how long until they must be taken before a magistrate?

Answer 9

48 hours

Question 10

15.17: a magistrate reading a defendant their rights must be on recording preserved until the earlier of (2)

Answer 10

1. Date on which pretrial hearing ends

2. 91st day after the date which the recording is made if charged with misdemeanor or 120 days if felony

Question 11

15.25: can we break door to make an arrest in case of felony if refused admittance and giving notice of authority and purpose?

Answer 11

Yes!