Code of Criminal Procedure · Art. 14.06

Person Arrested to be Taken Before Magistrate

Person Arrested to be Taken Before Magistrate is covered under Art. 14.06 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Arrest" on practice exams.

To prove this offense, the State must establish each of the following elements: Take before a magistrate of the county where arrested; Without unnecessary delay; Not later than 48 hours after arrest.

Elements you must prove

  • Take before a magistrate of the county where arrested
  • Without unnecessary delay
  • Not later than 48 hours after arrest

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Worked examples

Worked example 1

Art. 14.06 requires that a person arrested without warrant be:

  1. Released within 24 hours
  2. Taken before a magistrate without unnecessary delay (no later than 48 hours after arrest in most cases) Correct
  3. Held for at least 72 hours
  4. Transported to TDCJ within 12 hours
Why: An arrested person must be taken before a magistrate without unnecessary delay. Art. 15.17(a) requires magistration not later than 48 hours after arrest.
Statute: Tex. Code Crim. Proc. art. 14.06; art. 15.17