Ordinance 1962-16
ORDINANCE NO. 62- 16
AN ORDINANCE AUTHOURIZING THE ARREST, WITHOUT WARRANT, BY CITY
POLICE OFFICER, OF PERSONS WHO ARE FOUND IN SUSPICIOUS PLACES OR
UNDER SUSPICIOUS CIRCUMSTANCES OR PERSONS WHO COMMIT AN OFFENSE
IN THE PRESENCE OF SUCH OFFICER OR OFFICERS.
BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF WYLIE, TEXAS:
Section 1. That, arrests, without warrant, may be made by the
chief of police or any other police officer of the City of Wylie,
when offenses against the laws or ordinances are committed in
their presence or where persons are found in suspicious places,
and under circumstances which reasonably show that such persons have
been guilty of some felony or breach of the peace, or threaten or
about to commit some offense against the law.
PASSED AND APPROVED, this the 11th day of Dec., 1962.
APPROVED
./~
Mayor
ATTEST:
Arrests Without Warrant By City Police
Opinion of the League's attorney - 10-17-38:
It The League of Texas Municipalities has asked me to advise you concerning
the city's authority to pick up and hold for investigation suspicious char-
acters found within the city limits.
"Article 214, Code of Criminal Procedure, authorizes cities and towns to
establish rules authorizing the arrest without warrant of persons found in
suspicious places. In Haller v. State, 162 S. W. 872 (Tex. Crim. App., 1913),
the court upheld an ordinance of the City of Dallas which contained this
provision:
"Warrants of arrest shall issue against all persons against whom complaints
have been filed and shall be executed by the chief of police, his deputies
or policemen. Arrests without warrant may be made by any police officer
when persons are found in suspicious places, and under circumstances which
reasonably show that such persons have been guilty of sorne felony or breach
of the peace, or threaten or are about to commit some offense against the
laws. "
This case is certainly decisive of the city's power to adopt the same or a
similar ordinance."