Asked in Criminal Law for Texas

Q: Can the officer arrest a person with just a search warrant?

If a "search warrant" list an address and item for search and seizure can an officer enter a different address to search for that item? Can a search warrant serve as a arrest warrant with no persons name or that persons address?

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1 Lawyer Answer

Kiele Linroth Pace

Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: A peace officer may arrest you for ANY offense committed in his presence or within his view. There are many other situations where no arrest warrant is required. See chapter 14 of the Texas Code of Criminal Procedure for details.

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm

As for entering a different address to search, the legality of such a search would depend on multiple factors that should be discussed privately with your criminal defense attorney, rather than in an online forum. Any evidence obtained pursuant to an illegal search is subject to suppression. See article 38.23 Texas Code of Criminal Procedure

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