Code of Criminal Procedure · Art. 14.06

Person Arrested to be Taken Before Magistrate

Person Arrested to be Taken Before Magistrate (Art. 14.06): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • 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