(a) A justice of the peace who is conducting an inquest of a death under this subchapter may issue a warrant for the arrest of a person suspected of causing the death if:
(1) the justice has knowledge that the person caused the death of the deceased;

Terms Used In Texas Code of Criminal Procedure 49.19

  • Arrest: Taking physical custody of a person by lawful authority.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

(2) the justice receives an affidavit stating that the person caused the death; or
(3) evidence is adduced at an inquest hearing that shows probable cause to believe the person caused the death.
(b) A peace officer who receives an arrest warrant issued by a justice of the peace shall:
(1) execute the warrant without delay; and
(2) detain the person arrested until the person’s discharge is ordered by the justice of the peace or other proper authority.
(c) A person who is charged in a death and arrested under a warrant of a justice of the peace shall remain in the custody of the arresting peace officer and may not be removed from the peace officer’s custody on the authority of a warrant from another magistrate. A person charged in a death who has not been arrested under a warrant of a justice of the peace may be arrested on the order of a magistrate other than the justice of the peace and examined by that magistrate while an inquest is pending.

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