Delgado v. State

The majority concludes that a warrant-less arrest authorized by Article 14.01(b), V.A.C.C.P., may be justified by “probable cause.” However, by its terms, Article 14.01(b), allows an officer to arrest “an offender” and requires that the offense be “committed in his presence or within his view.” (emphasis supplied.)

“That language clearly implies that all the elements necessary to be proved to sustain a conviction of the accused must exist to give a police officer the authority to arrest him without a warrant.” Heath v. Boyd, 141 Tex. 569, 175 S.W.2d 214, 216 (1943). “[A] peace officer has no…