Mr. Ramie H. Griffin Opinion~No.WW-737
CFimin&District Attorney
Beaumont,Texas Re: Whether a sheriffreceiving
notificatioobyletterfrom
anotherlaw enforcementof-
ficer that there is a warrant
outstandingfor a certain
person,has ~authority to ar-
rest said person,beforehe
receivesthe outstandingwar-
rant or before it is .trahs-
mittedto him by telegramas
providedin ArtideS 225, 227,
Dear Mr. Griffin: 228, and 229, C.C.P.
You ask the followingquestion:
"If the Sheriffof Jefferson,Countyreceives
notificationby letter from the Sheriffof another
County,or any other law enforcementagency,in
anotherCounty,in the State of Texas, that there
is a warrantoutstandingfor a certainperson (giv-
ing the warrantnumber,,and description.ofthe of-
,fense),,does the Sheriffof JeffersonCounty have
authorityto.arrestthe person describedin such
notice,beforehe receivesthe outstandingwarrant
or before the warrant is transmittedto him by
telegraph~asprovidedin Articles 225, 227, 228
and 229, c.c.P.V
There are two types of arrests,arrest under a warrantand,&-
rest withouta warrant. Your questionand this opinionare only concerned
with an attemptedarrest under a warrant.
Article 243, Texas Code of CriminalProcedurereads as follows:
'3 executinga warrant of arrest,it shall al-
ways be made knownto the accusedunder what author-
ity the arrest is made; and, if requested,the warrant
shall be exhibitedto him. O.C. 231 (Emphasisadded)
The Court of CriminalAppeals,in Cartesv. State, 161 S.W.2d 495,
498 (19421, said of this provision:
Mr. RainieH. Griffin,Page 2. (WW-737)
"It occursto us ,thatwhere the evidencefails
to show that this provisionof said articlewas
compliedwith, the presumptionobtaihsthat the ar-
rest was illegal;. . .'
Unless the arrestingofficer,canproduceevidencethat he com-
plied with Article 243, the arrest~~111be presumedillegal. The officer
must have awarrant with him at the time he mkes the arrest. Mere noti-
fication,thata warrantsexistsis not sufficientas the arrestingofficer
cannotthen meet the requirementsof Art. 243, Texas Code of Criminal
Procedure.
SUMMARY
A sheriffreceivingnotificatiohbyletter
from anotherlaw enforcementofficerthat
there is a warrant outstand.ing
for a cer-
tain person,has no authorityto arrest
said personunder that warrantbefore he
receivesthe outstandingwarrantor before
it is transmittedto him by telegramas
providedin Articles225, 227, 228,and 229,
C.C.P.
Yours very truly,
WILL WIISON
.AttorneyGeneralof Texas
Cecil Cammack,Jr.
Assistant
CC:aw
APPROVED:
OPINIONCOMMlTl'ER:
Riley Eugene Fletcher,Chairman
Marvin Brown
CharlesD. Cabsniss
Iola.Wilcox
RobertWalls
RRVIRWEDFORTREAlTORNEX GENERAL
BY:
W.V. Geppert