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