Detainment / Arrest

If you detain a suspect in an incident, it may be considered that you have placed him under citizen’s arrest. This can only be done if it’s quickly followed up by a call to the police to remand this person into police custody.

An arrest is defined by article 15.22 of the Code of Criminal Procedure and states that: A person is arrested when he has been placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.

Black’s Law Dictionary defines arrest as: “To deprive a person of his liberty by legal authority.”

In simple terms, an arrest is a form of lawful control by one person over the actions of another. An arrest, in Texas law, is “The apprehension or detention of another so that he may be forthcoming to answer for an alleged or supposed crime.” An arrest may be made by a peace officer or a private citizen. To deprive someone of their liberty or freedom of movement may be viewed as an arrest. For an arrest to be lawful, acceptable and without immediate liability, i t must result in the legal apprehension or detention of a person. It must be done to present the person to a magistrate to answer for a crime.

IF YOU, BY COMMUNICATION OR OTHER MEANS, MAKE A PERSON FEEL THAT THEY ARE NOT FREE TO GO, THEN YOU HAVE ARRESTED THEM.

The Texas Code of Criminal Procedures (14.01a) allows any person to make an arrest without a warrant under certain circumstances.

Including:

(1) When a felony is committed within the view of the person making the arrest.

(2) When an immediate breach of the peace is committed within the view of the person making the arrest.

(3) Preventing consequences of theft.