Code of Criminal Procedure · Art. 14.03

Authority of Peace Officers (Suspicious Places / FV)

Permits warrantless arrest in several scenarios: (a)(1) persons in suspicious places under circumstances reasonably showing guilt of a felony, a Title 9 Ch. 42 offense, breach of the peace, or public intoxication (§49.02), or who threaten or are about to commit an offense; (a)(2)–(4) family-violence grounds (probable cause of an offense involving family violence under (a)(4)); mandatory arrest for an in-presence §25.07 violation (b); jurisdictional extension for officers (g).

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

Key points

  • Person found in a suspicious place
  • Circumstances reasonably showing guilt of: felony / Title 9 Ch. 42 / breach of peace / §49.02 public intoxication
  • Or threatens or is about to commit some offense
  • Family-violence grounds under (a)(2)–(4)
Texas Law — Charge Details
Arrest Authority
Offense
Authority of Peace Officers (Suspicious Places / FV)
Statute
Tex. Code Crim. Proc. art. 14.03
Classification
Statutory authority

Permits warrantless arrest in several scenarios: (a)(1) persons in suspicious places under circumstances reasonably showing guilt of a felony, a Title 9 Ch. 42 offense, breach of the peace, or public intoxication (§49.02), or who threaten or are about to commit an offense; (a)(2)–(4) family-violence grounds (probable cause of an offense involving family violence under (a)(4)); mandatory arrest for an in-presence §25.07 violation (b); jurisdictional extension for officers (g).

Potential Penalty Enhancements
If this condition applies…Charge escalates to
Probable cause of an offense involving family violenceWarrantless arrest authorized
Officer outside primary jurisdiction, offense in officer's presence/viewMay arrest (traffic offenses excluded/limited); notify local agency as soon as practicable

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Worked examples

Worked example 1

Under Art. 14.03(a), a peace officer may arrest without warrant persons found in 'suspicious places' under what condition?

  1. Whenever the officer wishes to investigate
  2. When circumstances reasonably show that the person has been guilty of some felony, a violation of Title 9, Chapter 42 (disorderly conduct/public order), breach of the peace, or public intoxication (§49.02), or threatens or is about to commit some offense Correct
  3. Only when the suspect resists
  4. Only at night
Why: Art. 14.03(a)(1) permits warrantless arrest of persons found in suspicious places and under circumstances reasonably showing that they have been guilty of some felony, a violation of Title 9, Chapter 42, Penal Code, breach of the peace, or an offense under §49.02 (public intoxication), or threaten, or are about to commit some offense. Family-violence subsections (a)(2)–(4) supply additional grounds.
Statute: Tex. Code Crim. Proc. art. 14.03(a)
Worked example 2

Art. 14.03(a)(4) authorizes warrantless arrest in family-violence situations when the officer has probable cause to believe an assault has occurred. The arrest authority is:

  1. Mandatory in all family-violence cases
  2. Authorized when there is probable cause to believe the person committed an offense involving family violence Correct
  3. Only available with a warrant
  4. Available only after a 24-hour cool-down period
Why: Art. 14.03(a)(4) authorizes warrantless arrest of persons the officer has probable cause to believe have committed an offense involving family violence (as defined in Fam. Code §71.004) — not only bodily-injury assault. Art. 14.03(a)(2) separately covers probable cause of bodily injury to another with danger of further bodily injury. Arrest is mandatory only for a §25.07 protective-order violation committed in the officer's presence (art. 14.03(b)).
Statute: Tex. Code Crim. Proc. art. 14.03(a)(4)
Worked example 3

An off-duty officer outside her jurisdiction witnesses a violent felony in progress. Under CCP, she may:

  1. Do nothing — she is outside her jurisdiction
  2. Arrest the offender; under Art. 14.03(d) and (g), peace officers' jurisdiction effectively extends statewide for offenses committed within their presence or view Correct
  3. Only arrest if a warrant is issued
  4. Only call 911
Why: Art. 14.03(g) allows a licensed peace officer outside his or her jurisdiction to make a warrantless arrest for an offense committed in the officer's presence or view (other than traffic offenses under Subtitle C, Title 7, Transportation Code, which are excluded or limited by county), and then to notify the law enforcement agency having jurisdiction as soon as practicable.
Statute: Tex. Code Crim. Proc. art. 14.03(d), (g)

Statutory definitions for this topic

Suspicious place Tex. Code Crim. Proc. art. 14.03(a)
A place not strictly defined; depends on time, location, and circumstances. Any location can become suspicious if circumstances reasonably show that a person was engaged in or about to be engaged in an offense listed under Art. 14.03(a).