Arrest

In Texas, an arrest is the act of law enforcement taking a person into custody based on legal authority. The Texas Code of Criminal Procedure outlines the circumstances under which arrests can occur, both with and without a warrant, and the rights afforded to individuals during the arrest process.(tombeantx.gov)

Arrests with a Warrant

A warrant is a legal document issued by a magistrate or judge authorizing the arrest of an individual. To obtain an arrest warrant, a peace officer must submit an affidavit establishing probable cause that the person committed a criminal offense. The warrant must specify the individual’s name and the offense charged.(Varghese Summersett)

When executing a warrant, the officer must inform the accused of the authority under which the arrest is made. While the officer does not need to have the physical warrant at the time of arrest, it must be shown to the defendant as soon as possible upon request. (Texas Statutes)

Arrests without a Warrant

Under certain conditions, Texas law permits peace officers to make arrests without a warrant:

• Offense Committed in Presence: An officer may arrest an individual without a warrant if the offense is committed in the officer’s presence or view. (Findlaw)

• Probable Cause: An officer may arrest without a warrant if there is probable cause to believe the person has committed an offense involving family violence, or has violated certain protective orders, even if not in the officer’s presence. (Findlaw)

• Statements Establishing Probable Cause: If a person makes a statement to the officer that would be admissible against them and establishes probable cause to believe they have committed a felony, the officer may arrest without a warrant. (Findlaw)

Rights of the Arrested Individual

Upon arrest, individuals have specific rights, including:

• Right to Remain Silent: Individuals are not required to answer questions and should be informed that any statements made can be used against them in court.

• Right to an Attorney: Individuals have the right to consult with an attorney and to have one appointed if they cannot afford one.

• Prompt Appearance Before a Magistrate: After arrest, the individual must be taken before a magistrate without unnecessary delay, typically within 48 hours, to be informed of the charges and rights. (Findlaw)

Resisting Arrest

Under Texas Penal Code §38.03, it is an offense to intentionally prevent or obstruct a known peace officer from effecting an arrest, search, or transportation by using force. Notably, it is not a defense that the arrest or search was unlawful. (Justia Law)

Understanding the procedures and rights related to arrests in Texas is crucial. Law enforcement must adhere to legal standards when making arrests, and individuals should be aware of their rights during such encounters. If arrested, it is advisable to remain calm, exercise the right to remain silent, and seek legal counsel promptly.