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Editor’s note–See corresponding note located in Appendix A of this code.
The chief of police and the police officers of the city shall have authority to arrest any person on any property owned and used by the city outside the corporate limits of the city, for the violation of any provision of this code or other ordinance of the city, or of any law of the United States or the state.
(Ordinance 684, sec. 12, adopted 3/27/1942; 1959 Code, sec. 25-27; 1983 Code, sec. 22-30)
Where an arrest is made by a police officer, the person arrested shall be immediately escorted by the arresting officer or some other policeman to the police station and, upon arrival, it shall be unlawful for the officer in charge to refuse the person arrested the right and privilege to communicate with an attorney or a friend, and any officer denying and refusing such right and privilege to any person arrested shall be subject to immediate dismissal. Provided, however, that if the person under arrest is intoxicated to the extent that, in the opinion of the officer in charge, such person under arrest is not capable of communicating with an attorney or a friend, such person under arrest shall be confined in the jail until he has sobered to the extent that he is capable of communicating with an attorney or a friend, at which time the person under arrest shall, if he so desires, be permitted to communicate with an attorney or friend.
(Ordinance 684, sec. 24, adopted 3/27/1942; 1959 Code, sec. 25-28; 1983 Code, sec. 22-31)
Warrants of arrest shall be issued by the municipal judge for all persons against whom complaints have been filed with him, and such warrants shall be executed by the chief of police or any policeman of the city.
(Ordinance 684, sec. 3, adopted 3/27/1942; 1959 Code, sec. 25-13; 1983 Code, sec. 22-32)
An arrest may be made on any day and at any time of the day or night.
(Ordinance 684, sec. 20, adopted 3/27/1942; 1959 Code, sec. 25-14; 1983 Code, sec. 22-33)
In making an arrest all reasonable means are permitted to be used to effect it. No greater force, however, shall be resorted to than is necessary to secure the arrest and detention of the accused.
(Ordinance 684, sec. 21, adopted 3/27/1942; 1959 Code, sec. 25-15; 1983 Code, sec. 22-34)
In all cases where a person is arrested for an offense which the municipal court has jurisdiction to try, the police officer making such arrest shall bring such person without unnecessary delay before such court, if it is in session. In the event such person is unable to make bond as prescribed in this section and if the court is not in session, the police officer shall commit such person to the city jail, there to be securely kept in custody until the court shall be in session, at which time such person shall be taken before the court for trial; provided, that in all cases the chief of police or any police officer may take a good and sufficient bond for the appearance of the person in the municipal court; and, provided further, that in the event the person is not able to make bond to secure his attendance upon the court, he may make a cash deposit as provided in article 17.02 [17.20] of the Texas Code of Criminal Procedure. In the event the person arrested shall not appear before the municipal court at the time provided for in the appearance bond, it shall be the duty of the municipal judge to forfeit the bond or cash deposited in the manner prescribed by law.
(Ordinance 684, sec. 5, adopted 3/27/1942; 1959 Code, sec. 25-16; 1983 Code, sec. 22-35)
In no case shall a police officer or the chief of police, having any person under arrest, accept any money from such person as a plea of guilty of the offense for which he is arrested, or for any other purpose, except for the purpose of making cash bail as provided for in section 2.07.046 of this division.
(Ordinance 684, sec. 6, adopted 3/27/1942; 1959 Code, sec. 25-17; 1983 Code, sec. 22-36)
The chief of police or any police officer of the city may arrest, without a warrant, when offenses against the laws of the state or the United States or against this code or other ordinances of the city are committed in their presence.
(Ordinance 684, sec. 4, adopted 3/27/1942; Ordinance 9320, sec. 1(8), adopted 12/14/1989; 1959 Code, sec. 25-18; 1983 Code, sec. 22-21)
A police officer may arrest, without warrant, when a felony or a breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.
(Ordinance 684, sec. 18, adopted 3/27/1942; 1959 Code, sec. 25-19; 1983 Code, sec. 22-22)
Where it is shown by satisfactory proof to a police officer, upon the representation of a creditable person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such police officer may, without warrant, pursue and arrest the accused..
(Ordinance 684, sec. 16, adopted 3/27/1942; 1959 Code, sec. 25-20; 1983 Code, sec. 22-23)
If a person arrested shall escape, or be rescued, he may be retaken without any other warrant, and, for this purpose, all the means may be used which are authorized in making the arrest in the first instance.
(Ordinance 684, sec. 22, adopted 3/27/1942; 1959 Code, sec. 25-21; 1983 Code, sec. 22-24)
It shall be the duty of every policeman to make arrests without warrant when a federal law, a state law or any provision of this code or other ordinance of the city has been violated in his presence, but, in making such arrest and in conveying the offender to the city jail, he shall use only such force as is necessary to effect his purpose.
(Ordinance 684, sec. 10, adopted 3/27/1942; 1959 Code, sec. 25-22; 1983 Code, sec. 22-25)
In each case where arrests may be lawfully made without warrant, the police officer or person making the arrest is justified in adopting all the measures that he might adopt in cases of arrest under warrant.
(Ordinance 684, sec. 19, adopted 3/27/1942; 1959 Code, sec. 25-23; 1983 Code, sec. 22-26)
In all cases of arrest of any person without warrant, the policeman making the arrest shall bring such person forthwith before the municipal court, if in session, and, if such court is not in session, he shall commit such person to the city jail, there to be kept in custody until the court shall be in session, at which time such person shall be taken without unnecessary delay before the court there to be tried according to law, or transferred to another court having jurisdiction to try such person for the offense with which he is charged; provided, that the municipal judge or his assistant may take good and sufficient bail from such offender for his appearances before the municipal court as provided in section 2.07.046 of this division, or order his transfer to some other court having jurisdiction to try such person for the offense with which he is charged.
(Ordinance 684, sec. 9, adopted 3/27/1942; 1959 Code, sec. 25-24; 1983 Code, sec. 22-27)