What must a peace officer have to arrest an individual without a warrant in Texas?

Study for the Texas Code of Criminal Procedure Test. Access flashcards and multiple-choice questions with hints and explanations. Prepare effectively for your exam!

To arrest an individual without a warrant in Texas, a peace officer must have probable cause. Probable cause means that the officer has sufficient knowledge or circumstances that would lead a reasonable person to believe that a crime has been, is being, or will be committed. This standard ensures that arrests are not made arbitrarily but are based on concrete evidence or credible information that suggests a person has committed an offense.

Intent to arrest, while important, is not enough on its own; an officer can intend to arrest someone but still lack sufficient evidence to justify the action legally. Witness statements can provide supportive evidence, but they are not a requirement for establishing probable cause. Judicial approval is not necessary for a warrantless arrest; probable cause allows the officer to act on their judgment without seeking prior approval from a court. Therefore, the necessity of probable cause is central to the lawful execution of a warrantless arrest in Texas.

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