ARREST WITHOUT WARRANT: Part 1- OFFENSE WITHIN VIEW

ARREST WITHOUT WARRANT

It is really important to know and understand when a person can be arrested without warrant in Texas. A couple of articles will be dedicated to this topic. Let us take a look at visible offenses and peace officers in general, how they can approach visible offenses in general. Please keep in mind, per Texas law, that any person, in most cases, can conduct an arrest.

OFFENSE WITHIN VIEW 

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, or, a peace officer only, may arrest an offender without a warrant for any offense committed in his presence or within his view.

AUTHORITY OF PEACE OFFICERS

Any peace officer may arrest, without warrant, with probable cause:

persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, breach of the peace, or threaten, or are about to commit some offense against the laws;

persons who 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;

persons who have committed an offense if the offense is not committed in the presence of the peace officer;

persons who have committed an offense involving family violence;

persons who have prevented or interfered with an individual’s ability to place a telephone call in an emergency, if the offense is not committed in the presence of the peace officer;

a person who makes a statement to the peace officer that would be admissible against the person and establishes probable cause to believe that the person has committed a felony.

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. 

A PEACE OFFICER OUTSIDE OF HIS JURISDICTION

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, 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. The law enforcement agency shall then take custody of:

–  the person committing the offense and take the person before a magistrate; and

–  any property seized during or after the arrest as if the property had been seized by a peace officer of that law enforcement agency.

As always, the best option is to contact Atlas Bail and go over available info and all the details. With our experience, knowledge and great customer service, we can have your loved ones back to you as soon as the law will allow us. From the moment you show up in our office we understand your need for guidance and help. The fact that a person is in jail is only the beginning of the process. Selecting AAA Atlas Bail is an important first step. With years of experience in our office, we most definitely will have the right answer for you.

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