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Arrest under warrant and magistrate duties

Summary of the topic

Chapter 15 of the Code of Criminal Procedure covers the arrest warrant from the moment a magistrate signs it to the moment the arrested person hears the magistrate's warnings.

Article 15.01 defines a warrant of arrest as a written order from a magistrate, directed to a peace officer or another named person, commanding that the person accused of an offense be taken. Article 15.02 says it is sufficient without regard to form if it has three requisites: it names the person or describes them reasonably definitely, it states that the person is accused of a named offense, and it is signed by the magistrate with their office named. Under article 15.03, a magistrate may issue a warrant or a summons when a person swears that another has committed an offense, and a summons is served by personal delivery, by leaving it at the dwelling, or by mail.

The sworn affidavit that charges an offense is called a complaint under article 15.04. Article 15.05 lists what it must contain: the accused's name or description, a showing that the accused committed an offense, the time and place stated as definitely as the affiant can, and the affiant's signature or mark.

Articles 15.06 to 15.09 decide where a warrant runs. A warrant from a clerk or magistrate other than a mayor extends to any part of the State, while a mayor's warrant needs an endorsement before it can be executed in another county. A warrant may be forwarded by any method that transmits a duplicate of the original.

Execution is governed by articles 15.16, 15.22, 15.25 and 15.26. A person is arrested when placed under restraint or taken into custody. The officer must make known the authority for the arrest, need not hold the warrant but must show it on request as soon as possible, and in a felony case may break down the door of a house after being refused admittance following notice of authority and purpose.

Article 15.17 is the center of the topic. The person making the arrest must take the arrested person before a magistrate without unnecessary delay and not later than 48 hours after the arrest. The magistrate informs the person of the accusation, the right to retain counsel, the right to remain silent, the right to have an attorney present during any interview and to end it, the right to an examining trial, and the procedure for requesting appointed counsel, which must be transmitted within 24 hours. The magistrate must keep a record, preserved until the 91st day for a misdemeanor or the 120th day for a felony, if the pretrial hearing has not ended before then.

Articles 15.18 to 15.21 handle an arrest for an offense in another county, including the 72-hour limit on confinement in a magistrate's county and release on personal bond if the county of the offense has not demanded the person before the 11th day.

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