Code of Criminal Procedure · Art. 14.01

Arrest Without Warrant — Offense in Presence

(b) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view. (a) A private person may arrest for a felony or breach of the peace committed in his presence or within his view.

To prove this offense, the State must establish each of the following elements: Peace officer; Offense committed in officer's presence or view; Any offense (felony or misdemeanor).

The base classification is Statutory authority, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • Peace officer
  • Offense committed in officer's presence or view
  • Any offense (felony or misdemeanor)
Texas Law — Charge Details
Arrest Authority
Offense
Arrest Without Warrant — Offense in Presence
Statute
Tex. Code Crim. Proc. art. 14.01
Classification
Statutory authority

(b) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view. (a) A private person may arrest for a felony or breach of the peace committed in his presence or within his view.

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Worked examples

Worked example 1

CCP Art. 14.01(b) authorizes a peace officer to arrest without warrant when an offense:

  1. Has been committed at any time in the past
  2. Is a Class C traffic violation only
  3. Is committed in the officer's presence or within his view Correct
  4. Was reported by an anonymous tipster
Why: Art. 14.01(b): A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view. (For private persons, only felonies and breaches of the peace under 14.01(a).)
Statute: Tex. Code Crim. Proc. art. 14.01(b)