Chapter 15: Arrest Under Warrant

Overview

This chapter provides detailed guidelines pertaining to the issuance and execution of arrest warrants in the state of Texas. It outlines the fundamental requisites for warrants and complaints, the responsibilities of magistrates, and the procedures that officers must follow during arrests.

Article 15.01: Warrant of Arrest

A "warrant of arrest" is defined as a formal document issued by a magistrate, which instructs a peace officer or an identified person to apprehend an individual accused of a crime. This document serves as a judicial authority for arresting the named individual.

Article 15.02: Requisites of Warrant

For a warrant to be legally valid, it must meet the following criteria:

  1. Specification of Name: The name of the accused must be provided if known; otherwise, a clear description is necessary.

  2. Statement of Accusation: The warrant must specify that the accused has allegedly committed an offense against Texas law.

  3. Magistrate's Signature: It must be signed by the appropriate magistrate, with their office indicated in the document.

Article 15.03: Magistrate Authority

  • A magistrate has the authority to issue either a warrant of arrest or a summons under several conditions:

    1. When verbal authority to arrest is lawfully granted.

    2. When someone takes an oath stating an offense has occurred.

    3. In any instance specifically authorized within this code.

  • A summons is issued to compel a defendant to appear before a magistrate, and it can be delivered personally or via mail.

Article 15.04: Complaint Definition

An affidavit presented to a magistrate or relevant attorney containing an allegation of an offense is termed a "complaint".

Article 15.05: Requisites of Complaint

A proper complaint must include:

  1. Name or description of the accused if the name is unknown.

  2. Evidence to suggest that the accused committed the alleged offense.

  3. Details regarding when and where the offense took place.

  4. The signature of the affiant confirming the complaint.

Article 15.06: Scope of Warrant

Arrest warrants issued by designated clerks or magistrates are enforceable throughout the entire state of Texas, empowering peace officers in all counties to execute the warrant.

Article 15.07: Execution of City Issued Warrant

Warrants issued by city mayors can only be executed in their respective counties unless endorsed by a more senior judge, allowing for broader applicability in the state.

Article 15.09: Forwarding Complaints

Complaints may be sent to magistrates across the state, prompting the issuance of arrest warrants upon receipt.

Article 15.14: Rearrest After Dismissal

Defendants can only be rearrested for previously dismissed charges following specific conditions, primarily the issuance of a new indictment.

Article 15.16: Execution of Warrant

Upon executing an arrest warrant, officers must promptly bring the arrested person before a magistrate, ensuring expediency even if they must navigate inter-county logistics.

Article 15.17: Responsibilities of Arresting Officer

Officers making an arrest are tasked with informing the accused of their rights within 48 hours, providing necessary legal information, and facilitating access to a legal counsel.

Article 15.27: Notification to Schools

Law enforcement agencies must notify school officials when a student is arrested, maintaining a framework for confidentiality while providing essential information for safety assessments in school settings.

Article 15.21: Release on Personal Bond

If an accused person is not claimed within 11 days of their arrest, they are eligible for release on personal bond, ensuring accountability and legal follow-through without unnecessary detention.