-.
~, .~
The Attorney Get-t&-al of Texas~
October 29, 1979
MARKWHITE
Attorney General
Honorable Tim Curry Opinion No. MW-78
Criminal District Attorney
Tarrant County Courthouse Re: Authority and duty of a
Fort Worth, Texas 76102 justice of the peace, acting in his
capacity as a magistrate to
administer the statutory warnings
set forth in article 15.17, Code of
Criminal Procedure, within the
security perimeter of a county jail.
Dear Mr. Curry:
You have requested our opinion concerning the duty of a justice of the
peace acting as a magistrate to administer the warnings pursuant to article
15.17, Code of Criminal Procedure. See Code Crim. Proc. art. 2.09. You ask
whether the magistrate has the au=itJi to give the warnings at places
within his county other than his courtroom. You specifically ask whether he
may give the warnings withln the security perimeter of the county jail in a
line-up or show-up room.
Article 15.17 provides:
In each case enumerated in this Code, the person
makii the arrest shall without unnecessary delay
take the person arrested or nave him taken before
some magistrate of the county where the accused was
arrested. The magistrate shall inform in clear
language the person arrested of the accusation
against him and of any affidavit filed therewith, of
his right to retain counsel, of his right to remain
silent, of his right to have an attorney present during
any interview with peace officers or attorneys
representing the state, of hi right to terminate the
interview at any time, of hi right to request the
appointment of counsel if he is indigent and cannot
afford counsel, and of his right to nave an examining
trial. He shaR also inform the person arrested that
he is not required to make a statement and that any
P. 237
:
..
.
Honorable Tim Curry - Page Two (NW-78)
statement made by him may be used against him. The magistrate
shall allow the person arrested reasonable time and opportunity to
consult counsel and shall admit the person arrested to bail if
allowed by law.
See also Code Crim. Proc. art. 14.06.
There is no provision in article 15.17 as to where the warnings must be issued.
Presumably it may be anywhere in the county where the magistrate may be found,
including the county jail. His jurisdiction is county wide. Gilbert v. State, 493 S.W. 783
(Tex. Crim. App. 1973).
Finally, you ask whether the magistrate has a duty to leave his courtroom and travel
elsewhere in the county for the purpose of administering warnings under article 15.17. The
statute gives the law enforcement officer the responsibility of bringing the prisoner
before the magistrate. Thus, as you conclude in your brief, the magistrate is under no
obligation to travel to the place, the prisoner is being held. Of course, once the arrested
person is brought before the magistrate, we believe he has a duty to give the required
warning. ’
SUMMARY
Under article 15.17, Code of Criminal Procedure, the magistrate
may give warnings anywhere in the county but he has no duty to
travel to any certain place in order to give the warnings.
MARK WHITE
Attorney General of Texas
JOHN W. PAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by David Bt Brooks
Assistant Attorney General
APPROVE&~
OPINION COMMITTEE
C. Robert Heath, Chairman
James Allison
p. 238
Honorable Tim Curry - Page Three (~~-78)
David B. Brooks
Walter Davis
Susan Garrison
Rick Gilpin
William G Reid
Bruce Yourgblood
P- 239