Texas Attorney General Opinion: JC-466 Page: 5 of 14
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The Honorable Jeri Yenne - Page 5
jurisdiction." TEX. CODE CRIM. PROC. ANN. art. 2.13(a) (Vernon Supp. 2002). Within an officer's
jurisdiction, the officer "shall use all lawful means" to, among other things, "in every case authorized
by the provisions of this Code, interfere without warrant to prevent or suppress crime," and "arrest
offenders without warrant in every case where the officer is authorized by law, in order that they may
be taken before the proper magistrate or court and be tried," id. art. 2.13(b)(1), (4).
Chapter 14 of the Code of Criminal Procedure governs warrantless arrests. Under article
14.01(b), a peace officer may "arrest an offender without a warrant for any offense committed in his
presence or within his view," see id. art. 14.01(b) (Vernon 1977), but this authority is limited to the
officer's geographic jurisdiction, see Angel v. State, 740 S.W.2d 727, 732 (Tex. Crim. App. 1987)
(under section 14.01(b) a peace officer can make a warrantless arrest only within his geographic or
territorial jurisdiction).
A peace officer also has authority to make certain arrests outside of his or her jurisdiction.
Under article 14.01(a) of the Code of Criminal Procedure, a peace officer, like any other citizen,
may, without a warrant, "arrest an offender when the offense is committed in his presence or within
his view, if the offense is one classed as a felony or as an offense against the public peace." TEX.
CODE CRIM. PROC. ANN. art. 14.01(a) (Vernon 1977). This authority under article 14.01(a) to make
a warrantless arrest for a felony or an offense against the public peace committed in the officer's
presence extends statewide and is not limited to acts that take place within the officer's jurisdiction.
See Romo v. State, 577 S.W.2d 251, 253 (Tex. Crim. App. [Panel Op.] 1979).
Significantly, another more recent addition to chapter 14, article 14.03(d), gives peace
officers specific authority to make warrantless arrests for certain offenses anywhere in the state. See
Yeager v. State, 23 S.W.3d 566, 571-72 (Tex. App.-Waco 2000, pet. filed) (holding that subsections
(d) and (g) of article 14.03 extend peace officers' geographic authority). It specifically authorizes
a peace officer "who is outside his jurisdiction" to arrest without a 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 [disorderly conduct], a breach of the peace, or an offense under Section
49.02, Penal Code [public intoxication]." TEX. CODE CRIM. PROC. ANN. art. 14.03(d) (Vernon Supp.
2002).
In addition, article 14.03(g) gives certain officers greater authority outside their jurisdictions
-the authority to arrest without a warrant a person who commits any offense within the officer's
presence or view, with the exception of certain traffic offenses that are not relevant here. See id. art.
14.03(g) ("A peace officer listed in Subdivision (1), (2), (3), (4), or (5), Article 2.12, who is licensed
under Chapter 415, Government Code [now chapter 1701 of the Occupations Code], and is outside
of the officer's jurisdiction may arrest without a warrant a person who commits any offense within
the officer's presence or view, except that an officer who is outside the officer's jurisdiction may
arrest a person for a violation of Subtitle C, Title 7, Transportation Code, only if the officer is listed
in Subdivision (4), Article 2.12.") (footnote omitted). The officers granted this additional authority(JC-0466)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-466, text, February 21, 2002; (https://texashistory.unt.edu/ark:/67531/metapth274776/m1/5/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.