Criminal Defense Resources

When Do the Police Need a Warrant to Make an Arrest?

Understanding when law enforcement officers need a warrant to make an arrest is critical for protecting your constitutional rights. In Texas, there are specific circumstances under which police can and cannot arrest you without first obtaining a warrant from a judge.

Arrests With a Warrant

In general, the Fourth Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures, which includes arrests. Under typical circumstances, law enforcement must obtain an arrest warrant from a judge before taking someone into custody. To get a warrant, officers must present probable cause — evidence that suggests a crime has been committed and that the person to be arrested committed it.

A warrant is issued by a neutral judge or magistrate who reviews the evidence and determines whether there is sufficient reason to believe the person committed the crime. Once a valid warrant is issued, police may arrest the named individual.

When Police Can Arrest Without a Warrant

There are several notable exceptions where Texas law allows police to make warrantless arrests:

• Crimes committed in the officer’s presence: If an officer directly witnesses a crime being committed, they may make an arrest without a warrant.
• Felony offenses: If an officer has probable cause to believe a person has committed a felony, they can arrest that person without a warrant, even if the crime was not committed in the officer’s presence.
• Domestic violence situations: Texas law allows warrantless arrests when an officer has probable cause to believe family violence has occurred.
• Protective order violations: Officers may arrest without a warrant if they have probable cause that a protective order has been violated.
• DWI: Officers who have probable cause to believe a driver is intoxicated can arrest without a warrant.

Protecting Your Rights

If you have been arrested — with or without a warrant — it is important to understand your rights. You have the right to remain silent and the right to an attorney. Exercising these rights cannot be used against you in court.

Contact a Fort Worth Criminal Defense Attorney

If you believe your rights were violated during an arrest, or if you are facing criminal charges, contact Cole Paschall Law today. Our experienced Fort Worth criminal defense attorneys can review the circumstances of your arrest and help build a strong defense. Call us at (817) 477-4100 for a free consultation.