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Forgive my ignorance but I am looking for an answer to what I thought was a simple question. Maybe yall can help. Does a Justice of the Peace, or any judge for the matter, have powers to arrest? I thought this was a simple question but after much debate I have found out that it isn't that simple. If someone could direct me to where in the CCP or any other code that give me an answer. Thank you in advance.
 
Posts: 7 | Location: Spearman, Texas, USA | Registered: March 26, 2008Reply With QuoteReport This Post
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I have always been under the impression that a JP or other judge could order a law enforcement officer to make an arrest where the judge determined there was probable cause to do so (including instances where the probable cause resulted from a courtroom incident), but could not do it themselves (unless they fall under a "citizen's arrest" category - felony or breach of the peace). This is without having researched it further, though.
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
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Look at CCP Arts. 14.01 and 14.02 and see if that provides any guidance.
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
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