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jimlongley wrote:

paperchunker wrote:
I understand that the officer does not need to show anyone the warrant IF it exists. However, what keeps getting glossed over is the fact that it did not exist at the time of the incident.

Exactly, and saying they had a warrant, or that one existed in any case, was a flat out lie.

gigag04 wrote:If a warrant exists there is no requirement to produce it. The law does require that any person arrested be brought before a magistrate where they are informed if the charges. I think there is a 3 day time frame.

With juveniles it's different. Juvs get DTAs (directive to apprehend) and not warrants. Little functional difference.

Once the officers say they have a warrant/DTA, and any person hinders/interferes with the apprehension of the wanted, they are subject to arrest for "Hinder Apprehension" (Tx PC 38.05). I don't know the details of the incident, but I have seen more than one parent go to jail in similiar circumstances.

Often times, roadside, many people claim that they have a right to see the warrant, or know what it's for, where its from, etc. In reality, once a peace officer makes the decision to place you under arrest, you are under arrest.

K.Mooneyham wrote:I've stayed out of this one for one reason, and one reason only, but I will now add my two cents worth (and these days especially it ain't worth much). This has been several pages of back and forth about the powers of a government entity, as to what they can and cannot legally do and in what manner. However, I'm more curious as to why an 11 year old is accused of RAPING a 5 year old, and yet the mother doesn't even seem to be all that fired up about it, as to whether he did it or not, just that there was no piece of paper in hand to say law enforcement could take him away for the alleged actions. Seems to me that rape used to be a big deal...is it now just so commonplace that the attitude about it is "eh, no big deal"?

To come to your house, drag you from your home without a warrant requires one of the exceptions above. To drag a minor child (or anyone) from a home on a criminal complaint sworn out requires a warrant.. I do not believe those positing a "contempt of cop arrest" are the ones "ignorant of the law".

They must have a warrant but they don't have to show you or the kids Momma which is what I have said and you ignored. You are not making your point just showing you don't understand.

EEllis wrote:<SNIP>

Show me the law. Cops don't have to have the warrant to make an arrest so how the heck can anyone demand to see that warrant? <SNIP> What the court decides to do about the defendant has no effect of the legalities of his arrest and if not for the fact that the office came by a few hours before the judge signed the warrant I believe the mothers arrest legal so the whole "contempt of cop" accusation is basically ignorance of the law.

Texas Code of Criminal Procedure, Title 1, Chapter 14 wrote: CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 14. ARREST WITHOUT WARRANT

Art. 14.01. OFFENSE WITHIN VIEW. (a) A peace officer or any other person, 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.

(b) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1735, ch. 659, Sec. 8, eff. Aug. 28, 1967.


Art. 14.02. WITHIN VIEW OF MAGISTRATE. A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.


Art. 14.03. AUTHORITY OF PEACE OFFICERS. (a) Any peace officer may arrest, without warrant:

(1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws; [Immediate suspicion - KSC]

(2) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person;

(3) persons who the peace officer has probable cause to believe have committed an offense defined by Section 25.07, Penal Code (violation of Protective Order), or by Section 38.112, Penal Code (violation of Protective Order issued on basis of sexual assault), if the offense is not committed in the presence of the peace officer;

(4) persons who the peace officer has probable cause to believe have committed an offense involving family violence;

(5) persons who the peace officer has probable cause to believe have prevented or interfered with an individual's ability to place a telephone call in an emergency, as defined by Section 42.062(d), Penal Code, if the offense is not committed in the presence of the peace officer; or

(6) a person who makes a statement to the peace officer that would be admissible against the person under Article 38.21 and establishes probable cause to believe that the person has committed a felony.

(b) A peace officer shall arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07, Penal Code (violation of Protective Order), or Section 38.112, Penal Code (violation of Protective Order issued on basis of sexual assault), if the offense is committed in the presence of the peace officer.

(c) If reasonably necessary to verify an allegation of a violation of a protective order or of the commission of an offense involving family violence, a peace officer shall remain at the scene of the investigation to verify the allegation and to prevent the further commission of the violation or of family violence.

(d) A peace officer who is outside his 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 Chapter 42 or 49, Penal Code, or a breach of the peace. A peace officer making an arrest under this subsection shall, as soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06 of this code.

(e) The justification for conduct provided under Section 9.21, Penal Code, applies to a peace officer when the peace officer is performing a duty required by this article.

(f) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.

(g)(1) A peace officer listed in Subdivision (1), (2), or (5), Article 2.12, who is licensed under Chapter 1701, 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, other than a violation of Subtitle C, Title 7, Transportation Code.

(2) A peace officer listed in Subdivision (3), Article 2.12, who is licensed under Chapter 1701, 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 described in this subdivision who is outside of that officer's jurisdiction may arrest a person for a violation of Subtitle C, Title 7, Transportation Code, only if the offense is committed in the county or counties in which the municipality employing the peace officer is located.

(3) A peace officer making an arrest under this subsection shall as soon as practicable after making the arrest notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of:

(A) the person committing the offense and take the person before a magistrate in compliance with Article 14.06; and

(B) any property seized during or after the arrest as if the property had been seized by a peace officer of that law enforcement agency.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1735, ch. 659, Sec. 9, eff. Aug. 28, 1967.