Jurisdiction to Arrest for Assault of An Out of County Police Officer

In Thomas v. State, 864 S.W.2d 193, 196 (Tex. App.--Texarkana 1993, pet. ref'd) the Texarkana Court of Appeals found, in effect, that article 14.03 does not extend an officer's authority other than to make an arrest within the strict parameters of the article. Thomas, 864 S.W.2d at 193. There, the defendant was charged with aggravated assault arising out of his confrontation with an out-of-county police officer. Thomas, 864 S.W.2d at 195. A witness told the officer that Thomas had tried to steal several tires. Id. Thomas attacked the officer with a knife when the officer attempted to detain him. Id. Because the officer acted only upon the statement of the witness, not upon his personal observation, the court found that the officer's authority was that of a private citizen during the first confrontation, not that of a peace officer under article 14.03(d). Thomas, 864 S.W.2d at 196. However, a private citizen's statement to an officer that reports an offense and identifies the offender is sufficient to establish probable cause to arrest. Cornejo v. State, 917 S.W.2d 480, 483 (Tex. App.--Houston [14th Dist.] 1996, pet. ref'd). Such a statement would plainly suffice to establish reasonable suspicion to detain a person for investigation. See State v. Stolte, 991 S.W.2d 336, 340-41 (Tex. App.--Fort Worth 1999, no pet.).