A peace officer may arrest without a warrant when a felony or breach of the peace occurs in the presence of which official?

Prepare for the TCOLE Code of Criminal Procedure Test with in-depth study modules and quizzes. Engage with expert-crafted multiple choice questions, hints, and detailed explanations. Boost your confidence and ace your Texas law enforcement exam.

A peace officer is empowered to make an arrest without a warrant when a felony or a breach of the peace occurs in the presence of a magistrate. This is grounded in the principles of the Code of Criminal Procedure, which allows for immediate action in response to criminal activity, particularly when that activity is directly observed by a magistrate — a judicial officer with authority over legal proceedings.

A magistrate's presence indicates that there is a judicial authority witnessing the crime, which can lend validity and urgency to the officer's decision to arrest without a warrant. The rationale behind this provision is to enable law enforcement to act quickly to prevent further criminal activity or harm, ensuring that justice is served promptly.

The other officials listed do not hold the same authority in this context. For instance, while a judge and a district attorney play crucial roles in the legal process, their positions do not necessarily grant them the same immediate power regarding observations of crimes in the same way as a magistrate. A police chief, as a law enforcement administrator, does not have the legal status of a magistrate in this scenario either. Therefore, recognizing the unique authority of a magistrate in this context is essential for understanding the legal framework surrounding arrests without a warrant.

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