Chapter 28 – Execution of Arrest Warrants

Arrest Warrant: A written order from a magistrate commanding a peace officer to apprehend a specific person based on probable cause.
Probable Cause: A set of facts and circumstances that would lead a reasonable person to believe that a specific crime has occurred or that the person named has committed a crime.
Reasonable Suspicion: An officer's belief, based on credible information, that an offense has happened or that a specific individual may have committed an offense.

Officers are required to have an arrest warrant to make an arrest, except as allowed under Chapter 11 on warrantless arrests.
Altering the information on any arrest warrant is strictly prohibited.
Any arrest warrant that appears valid must be treated as valid by the officers. For a warrant to be valid, it must:
1. Be issued in the name of "The State of Texas".
2. Name the person ordered for arrest or provide a sufficient description.
3. Specify the state offense the person is accused of.
4. Be signed by the magistrate with the designated office.
Officers are to execute a valid arrest warrant according to legal procedures, and if a warrant is improperly formatted, it should be returned to the issuing magistrate. Verification of the warrant's validity is crucial, especially for warrants issued 30 days or more prior to execution.

Officers do not require physical possession of the arrest warrant to execute it; they must announce the arrest's basis to the individual.
If officers have the warrant, it should be presented to the arrestee. If not present, they should inform the arrestee of the offense charged and the warrant's origin.
Officers must not interrogate the arrestee before informing them of their Miranda rights.
Arrested individuals should be taken before a magistrate without unnecessary delay.

Officers may detain suspected wanted individuals and perform a warrant verification via radio or telephone before custody.
During lawful detentions (excluding traffic stops), a records check should be initiated if feasible. Detentions should not exceed 30 minutes during routine checks unless justified by reasonable suspicion of an outstanding warrant.
Individuals may be detained temporarily in a manner that ensures their safety and the officer's assessment of potential risks.

Warrant File: A file maintained for criminal warrants noting date, time, results of warrant executions, and relevant information regarding suspects.
General Rules for Execution:
1. Execute warrants during daylight unless unsafe.
2. Time actions when the subject is most likely present.
3. Minimize resistance during warrant execution.
4. Minimize inconvenience to others present.
5. Ensure a balance of safety, effectiveness, and convenience for all parties involved.
Place of Execution:
1. Warrants can be served in any place where the subject is expected to be.
2. Officers may enter a home if they believe the suspect is inside, with probable cause.
3. A warrant or copy should ideally be in possession when executing inside residences.
4. For entering a third party's residence, consent or exigent circumstances must exist.
5. Informing workplace authorities about the warrant when arresting an employee is necessary unless jeopardy is suspected.

Arrest warrant information must be entered into TCIC and NCIC when issued. Officers executing warrants must cancel the warrant's existence in records appropriately.

The BCSO must coordinate with other Texas agencies regarding prisoners held on BCSO warrants, providing release or pickup within five days.
Extradition procedures are to be initiated by the BCSO as a response to notifications from out-of-state agencies regarding executed arrest warrants.

Force reports are mandatory whenever force beyond simple handcuffing is used during arrests, detailing the force's justification.
An Incident Report must be filed for any property damage incurred during the apprehension, including descriptions, ownership details, and justification for any damage.