Opinion No.

The Honorable Gene Russell County Attorney Burnet County Burnet, Texas 78611

Re: Authority of sheriff to make arrests outside his county.

Dear Mr. Russell:

You have requested our opinion whether a sheriff may make an arrest outside of his county for an offense committed outside of his county if the offense is committed in his presence or within his view.

The authority of a sheriff to make arrests for offenses committed outside of his county was examined in Henson v. State,49 S.W.2d 463 (Tex.Crim.App. 1932). The court reviewed the pertinent statutes and authorities and summarized them as follows:

Th…