Code of Criminal Procedure · Art. 14.04

Felony — When Offender Is About to Escape

When credible information shows that a felony has been committed and the offender is about to escape, an officer who has been given that information may pursue and arrest the offender without a warrant. There must be no time to procure a warrant.

To prove this offense, the State must establish each of the following elements: Credible information; That felony has been committed; Offender is about to escape; No time to procure a warrant.

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

  • Credible information
  • That felony has been committed
  • Offender is about to escape
  • No time to procure a warrant
Texas Law — Charge Details
Arrest Authority
Offense
Felony — When Offender Is About to Escape
Statute
Tex. Code Crim. Proc. art. 14.04
Classification
Statutory authority

When credible information shows that a felony has been committed and the offender is about to escape, an officer who has been given that information may pursue and arrest the offender without a warrant. There must be no time to procure a warrant.

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Worked examples

Worked example 1

Under Art. 14.04, a peace officer may arrest without warrant for a felony when:

  1. The officer wants to investigate
  2. Credible information shows that a felony has been committed and the offender is about to escape, so there is no time to procure a warrant Correct
  3. The officer thinks the suspect is dangerous
  4. Anytime within 24 hours of the offense
Why: Art. 14.04: when felonies have been committed and the offender is about to escape, an officer who has been given credible information may pursue and arrest the offender without warrant — there must be no time to procure a warrant.
Statute: Tex. Code Crim. Proc. art. 14.04