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.

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

Key points

  • 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)