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Texas Laws of Arrest - A Comprehensive Manual for the Law Enforcement Officer

NCJ Number
E D Heath; H B Kerper; G G Killerger; D D Hayes
Date Published
116 pages
Prepared for State and local law enforcement officers, this manual explains Texas laws of arrest and recommends legislative changes to reduce discrepancies between law in the books and law in action.
The term arrest is defined on the basis of statutes and pertinent decisions of both State and Federal courts. Arrest is distinguished from other forms of restraint such as detention and 'stop and frisk' and summons. The manual then presents and analyzes all statutes empowering arrest except those of limited application. It focuses on the following areas of concern: authority to make arrests; constitutional limitations on the power to arrest, including the requirement of probable cause; arrest with warrant; arrest without warrant; ancillary arrest authority, including detention and summons; use of force in making arrests; immunity from arrest; disposition procedures following arrest; and problems relating to unlawful arrest, such as the exclusionary rule and liability. The following model laws are described, although none is in effect in Texas: the Uniform Arrest Act, the model State statute on 'Stop and Frisk,' and the American Law Institute's model prearraignment procedure. Supreme Court decisions on 'stop and frisk' laws are reviewed. The author recommends that Texas enact the model 'Stop and Frisk' statute, a portion of the Uniform Arrest Act, and amend other laws to conform with recent court decisions and actual police practice. A table of cases, an index, and 26 references are supplied.


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