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Texas Code of Criminal Procedure - Article 15.26. Authority To Arrest Must Be Made Known

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 15.26. Authority To Arrest Must Be Made Known

Art. 15.26. AUTHORITY TO ARREST MUST BE MADE KNOWN.  In 
executing a warrant of arrest, it shall always be made known to the 
accused under what authority the arrest is made.  The warrant shall 
be executed by the arrest of the defendant.  The officer need not 
have the warrant in his possession at the time of the arrest, 
provided the warrant was issued under the provisions of this Code, 
but upon request he shall show the warrant to the defendant as soon 
as possible.  If the officer does not have the warrant in his 
possession at the time of arrest he shall then inform the defendant 
of the offense charged and of the fact that a warrant has been 
issued.  The arrest warrant, and any affidavit presented to the 
magistrate in support of the issuance of the warrant, is public 
information, and beginning immediately when the warrant is executed 
the magistrate's clerk shall make a copy of the warrant and the 
affidavit available for public inspection in the clerk's office 
during normal business hours.  A person may request the clerk to 
provide copies of the warrant and affidavit on payment of the cost 
of providing the copies.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.  
Amended by Acts 1967, 60th Leg., p. 1736, ch. 659, Sec. 13, eff. 
Aug. 28, 1967;  Acts 2003, 78th Leg., ch. 390, Sec. 1, eff. Sept. 1, 
2003.

Last modified: August 11, 2007