Criminal

AUTHORITY TO ARREST

A. Arrests may be made when a warrant of arrest has been issued by an authorized magistrate or when arrest without a warrant is authorized under the laws of the United States, laws of the State of Texas, or the ordinances of Fort Worth.

B. The following limitations apply to warrantless arrests:

1. Article 14.03 of the Code of Criminal Procedure states that a peace officer outside of the officer’s jurisdiction may arrest, without warrant, a person who commits an offense within the officer’s presence or view, if the offense is a felony, a violation of Title 9, Chapter 42, Penal Code ( Offenses Against Public Order and Decency), a breach of the peace, or an offense under Section 49.02, Penal Code (Public Intoxication).

A peace officer making an ar- rest under this subsection must, as soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency must then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06, Code of Crimi- nal Procedure.

2. Apolice officer outside of the officer’s jurisdiction is precluded from any traffic code enforcement by the Code of Criminal Procedure Article 14.03 (g).

3. On-duty officers may make warrantless arrests for pursuits originating in Fort Worth and during activities oper- ating under an inter-local agreement as consistent with the Texas Code of Criminal Procedure and chapter 362 of the Texas Local Government Code.

Francisco Hernandez

Author Francisco Hernandez

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