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Questions and Answers
An officer is required to have physical possession of an arrest warrant before making an arrest.
An officer is required to have physical possession of an arrest warrant before making an arrest.
False (B)
An arrest warrant must be issued in the name of "The State of Texas" to be considered valid.
An arrest warrant must be issued in the name of "The State of Texas" to be considered valid.
True (A)
An officer may alter an arrest warrant after it has been issued by a magistrate.
An officer may alter an arrest warrant after it has been issued by a magistrate.
False (B)
An arrest warrant must provide the full name of the person to be arrested.
An arrest warrant must provide the full name of the person to be arrested.
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If an arrest warrant lacks proper form, the officer should attempt to correct the errors and then execute the warrant.
If an arrest warrant lacks proper form, the officer should attempt to correct the errors and then execute the warrant.
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An officer must always obtain a warrant before arresting a person for a misdemeanor offense.
An officer must always obtain a warrant before arresting a person for a misdemeanor offense.
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An officer may detain a person for a reasonable amount of time to conduct a records check, even without reasonable suspicion of an outstanding warrant.
An officer may detain a person for a reasonable amount of time to conduct a records check, even without reasonable suspicion of an outstanding warrant.
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Officers may use excessive force to enter a private premise to execute a felony arrest warrant, if they have no other options.
Officers may use excessive force to enter a private premise to execute a felony arrest warrant, if they have no other options.
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A Texas officer must be trained in the law of other states before lawfully arresting someone suspected of a felony committed in another state.
A Texas officer must be trained in the law of other states before lawfully arresting someone suspected of a felony committed in another state.
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A Texas officer may not arrest someone for a felony that was committed in another state unless the originating jurisdiction has agreed to extradite the person after the arrest is made.
A Texas officer may not arrest someone for a felony that was committed in another state unless the originating jurisdiction has agreed to extradite the person after the arrest is made.
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Study Notes
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
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Chain of command notification is required before execution.
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Warrant executions should occur during daylight hours unless impractical.
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Execution times should be when the suspect is most likely present and resistance is preventable.
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Execution sites should be selected to minimize disruption to other persons (balancing safety/convenience).
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Officers can execute warrants in any location where the suspect is reasonably believed to be found (public or private).
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Officers may choose execution time/location as long as the arrest isn't arbitrary. Forceful entry to execute misdemeanor warrants isn't allowed.
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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.
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Sufficient officers are needed to secure the area when making forcible felony warrant entries.
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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.
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Description
Test your knowledge on the procedures related to arrest warrants in Texas. This quiz covers the requirements for issuing, verifying, and executing warrants, as well as the handling of warrants from other jurisdictions. Improve your understanding of Texas law enforcement procedures.
