Texas Code of Criminal Procedure - Article 14.03. Authority Of Peace Officers
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Art. 14.03. [214] [261] [249] 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, eff. Jan. 1, 1966.
Amended by Acts 1967, 60th Leg., p. 1735, ch. 659, Sec. 9, eff. Aug.
28, 1967; 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;
Acts 1987, 70th Leg., ch. 68, Sec. 1, eff. Sept. 1, 1987; Acts 1989,
71st Leg., ch. 740, Sec. 1, eff. Aug. 28, 1989; Acts 1991, 72nd
Leg., ch. 542, Sec. 9, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch.
900, Sec. 3.02, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76,
Sec. 14.17, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 829, Sec.
1, eff. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 62, Sec. 3.02, eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 210, Sec. 2, eff. May 24,
1999; 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. 897, Sec. 1, 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; Acts 2003, 78th Leg.,
ch. 1276, Sec. 7.002(d), eff. Sept. 1, 2003.
Subsec. (a) amended by Acts 2005, 79th Leg., ch. 728, Sec. 4.002,
eff. Sept. 1, 2005; Subsec. (a) amended by Acts 2005, 79th Leg., ch.
788, Sec. 4, eff. Sept. 1, 2005; Subsec. (c) and (f) amended by Acts
2005, 79th Leg., ch. 788, Sec. 5, eff. Sept. 1, 2005; Subsec. (g)
amended by Acts 2005, 79th Leg., ch. 847, Sec. 1, eff. Sept. 1,
2005; Acts 2005, 79th Leg., ch. 1015 Sec. 1, eff. Sept. 1, 2005.
Article: 13.30 13.30 13.30 14.01 14.02 14.03 14.031 14.04 14.05 14.051 14.06 15.01 15.02
Last modified: August 10, 2007
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