Being Arrested
Crim. Proc. art. 14.01 — without a warrant for an offense in the officer's view
A Texas peace officer may arrest without a warrant for any offense committed in the officer's presence or view. Any other person may do so too, but only when the offense in their presence is a felony or an offense against the public peace.
A peace officer may also arrest without a warrant, among other cases:
- People found in suspicious places under circumstances reasonably showing they committed a felony, a disorderly conduct offense, a breach of the peace or public intoxication, or are about to commit an offense.
- On probable cause of an assault causing bodily injury, with probable cause of danger of further injury.
- On probable cause of an offense involving family violence, or of violating certain protective orders.
- On probable cause of interfering with someone's emergency phone call.
An officer investigating an alleged protective order violation or family violence stays at the scene when reasonably necessary to verify it and prevent more. An officer outside their jurisdiction may arrest for a felony, a disorderly conduct or intoxication offense, or a breach of the peace in their presence, and notifies the local agency.
Sources for this section (2)
- Crim. Proc. art. 14.01 — Offense within view
- Crim. Proc. art. 14.03 — Authority of peace officers
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.