Texas Codes

Tex. Alco. Bev. Code § 101.02 (2026)

Arrest Without Warrant

✓ current as of May 2026

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Sec. 101.02. ARREST WITHOUT WARRANT. A peace officer may arrest without a warrant any person he observes violating any provision of this code or any rule or regulation of the commission. The officer shall take possession of all illicit beverages the person has in his possession or on his premises as provided in Chapter 103 of this code.

Acts 1977, 65th Leg., p. 491, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Notes of Decisions

Cited in 2 cases, 1994–2019 · leading case: Reece v. State, 878 S.W.2d 320 (Tex. App. 1994).

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Reece v. State, 878 S.W.2d 320 (Tex. App. 1994). “Appellant argues that because there was conflicting evidence about whether he was consuming alcohol, he was entitled to a jury instruction on probable cause.”

Alton Darrell Brown v. State (Tex. App. 2019). “01(b); see also TEX. ALCO. BEV. CODE ANN. § 101.02 (“A peace officer may arrest without a warrant any person he observes violating any provision of this code.”

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