Texas Arrest Warrants Procedure Quiz

Arrest Warrants (Texas Procedure)

• Officers cannot arrest without a warrant unless allowed by exceptions.
• Do not alter warrants after issuance by a magistrate.
• Assume arrest warrants are valid if properly formatted - including the state's name, suspect's details/description, offense, and magistrate's signature.
• Officers should verify warrants' validity/currency before execution, particularly those 30+ days old.
• Regional/Statewide warrant messages are handled by the Chief of Police or Investigator. A copy of the message is attached to the report.
• Possessing the warrant isn't required to execute it, but arrestees must see a copy as soon as possible.
• Officers must announce the arrest based on warrant's details to the suspect.
• If the officer doesn't have the warrant, they need to inform the arrestee of the charge, bond, and originating agency details.

Warrants from Other Jurisdictions (Texas)

• Officers may arrest a person with a valid warrant from another Texas agency.
• Officers must inform the originating agency of the arrest, arrestee location, and future court proceedings.
• Officers must arraign the suspect and detain them following magistrate instructions until release to the originating agency or Galveston County Jail.
• If the originating agency doesn't take custody within 24 hours or indicates they won't take custody, the arrestee can be released.

Warrants from Other States

• Arresting a person charged with a felony in another state requires confirming the warrant and agreement for extradition.
• A fugitive from justice affidavit and commitment must be completed.
• Misdemeanor warrants from out-of-state require confirmation and extradition - preventing their execution unless confirmation is received.

Routine Warrant Checks

• Concurrent legal stops/detentions allow for warrant checks.
• Warrant checks should be completed in a reasonable time.
• Suspects' detention can be extended if there's reasonable suspicion of an outstanding warrant.
• Suspects can be prevented from leaving the officer's presence (including vehicle frisks if suspected armed).

Planned Warrant Executions

• Chain of command notification is required before execution.

• Warrant executions should occur during daylight hours unless impractical.

• Execution times should be when the suspect is most likely present and resistance is preventable.

• Execution sites should be selected to minimize disruption to other persons (balancing safety/convenience).

• Officers can execute warrants in any location where the suspect is reasonably believed to be found (public or private).

• Officers may choose execution time/location as long as the arrest isn't arbitrary. Forceful entry to execute misdemeanor warrants isn't allowed.

• Announcing warrant before entering private premises is generally required, though this isn't a requirement for felony warrants, but entry must be the least forceful way possible and the least damage to the property.

• Sufficient officers are needed to secure the area when making forcible felony warrant entries.

• Secure the area, controlling all individuals and possible weapons after a forced entry.

Local Warrant Execution by Other Departments

• If another Texas agency holds a prisoner on a local warrant, the local agency must pick them up within 24 hours or release them to the other agency.
• Out-of-state agency warrants require the initiation of extradition proceedings when execution is complete.

Warrants and Capias: Local (Non-Contempt)

• Provide suspects options of posting bond, paying fines, or arraignment.
• If not arraigned within 24 hours, suspects must be released on personal recognizance.

Capias for Contempt

• Contempt capias execution has specific handling.
• If unable to pay fines, suspects must be arraigned within 24 hours (by the Municipal Judge).
• Release on personal recognizance occurs if 24-hour arraignment time is missed.

Local Warrants and Traffic Offenses

• Officers can attempt voluntary surrender for non-serious misdemeanor warrants by telephone.