Texas Law of Arrest

Question 1

When may an officer make an arrest without warrant?

Answer 1

ANY officer may arrest:
1. Probable Cause of Felony, Disorderly Offenses, breach of peace, public intox.
+
2. “Suspicious place”

ANY officer may arrest

1. P.C. of assault +
2. Danger of further bodily injury

ANY officer may arrest:

1. Violation of protective order not in presence;
2. Family violence not in presence;
3. Interference with emergency call not in presence;
4. Person’s statement gives P.C. that person committed felony

Question 2

Who can make an arrest for offense committed in presence?

Answer 2

NOT traffic violations:

a) Sheriffs & Deputies (reserve included)
b) Constables & Deputies (reserve included)
c) DA Investigators

Traffic violation in their county:

a) Police Officer
b) City Marshal

Question 3

Felony Escape Rule

Answer 3

Felony Escape Rule: ANY officer may pursue and arrest for FELONY with not time for warrant. CCP 14.04
Need some evidence showing threat of escape (dispatch with description and offense enough)
Pyles Factors:
1. Furtive movements;
2. Flight at approach of strangers or officers;
3. Place where suspect is found;
4. Direction of travel of suspect
5. Being in public, rather than residence
+
Officer’s knowledge of evidence of a crime

Question 4

When does someone have to be presented to a magistrate?

Answer 4

within 48 hours of arrest

TCCP 14.06