Authority of Peace Officers (Suspicious Places / FV)
Permits warrantless arrest in several scenarios: (a)(1) persons in suspicious places under circumstances reasonably showing guilt of a felony, Title 9 Ch. 42 offense, breach of peace, PI, Ch. 49 intoxication, or Ch. 71 organized crime; (a)(3)–(4) family-violence assault probable cause; jurisdictional extension for officers (g).
To prove this offense, the State must establish each of the following elements: Person found in a suspicious place; Under circumstances reasonably showing guilt of: felony / Title 9 Ch. 42 / breach of peace / PI / Ch. 49 intox / Ch. 71 organized crime / etc.; Or family-violence circumstances under (a)(3)–(4).
The base classification is Statutory authority, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Person found in a suspicious place
- Under circumstances reasonably showing guilt of: felony / Title 9 Ch. 42 / breach of peace / PI / Ch. 49 intox / Ch. 71 organized crime / etc.
- Or family-violence circumstances under (a)(3)–(4)
Permits warrantless arrest in several scenarios: (a)(1) persons in suspicious places under circumstances reasonably showing guilt of a felony, Title 9 Ch. 42 offense, breach of peace, PI, Ch. 49 intoxication, or Ch. 71 organized crime; (a)(3)–(4) family-violence assault probable cause; jurisdictional extension for officers (g).
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Family violence assault PC against family/household/dating partner | Warrantless arrest authorized | §14.03(a)(4) |
| Officer outside primary jurisdiction, offense in officer's presence/view | May arrest; must notify local agency | §14.03(g) |
Practice 4 questions on this topic
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Worked examples
Under Art. 14.03(a), a peace officer may arrest without warrant persons found in 'suspicious places' under what condition?
- Whenever the officer wishes to investigate
- When circumstances reasonably show that the person has been guilty of some felony, violation of Title 9 Ch. 42 (disorderly conduct/public order), breach of the peace, public intoxication, or other listed offenses Correct
- Only when the suspect resists
- Only at night
Art. 14.03(a)(4) authorizes warrantless arrest in family-violence situations when the officer has probable cause to believe an assault has occurred. The arrest authority is:
- Mandatory in all family-violence cases
- Authorized when there is probable cause to believe the suspect committed an assault resulting in bodily injury against a family/household/dating member Correct
- Only available with a warrant
- Available only after a 24-hour cool-down period
An off-duty officer outside her jurisdiction witnesses a violent felony in progress. Under CCP, she may:
- Do nothing — she is outside her jurisdiction
- Arrest the offender; under Art. 14.03(d) and (g), peace officers' jurisdiction effectively extends statewide for offenses committed within their presence or view Correct
- Only arrest if a warrant is issued
- Only call 911
Statutory definitions for this topic
- Suspicious place Tex. Code Crim. Proc. art. 14.03(a)
- A place not strictly defined; depends on time, location, and circumstances. Any location can become suspicious if circumstances reasonably show that a person was engaged in or about to be engaged in an offense listed under Art. 14.03(a).