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543.001 through 008.

And then we also have Texas Transportation Code Section 543.001.

So you're looking at 543.001B, you said?

is to pursue it, Section 543 of the Transportation Code in that entire Chapter 543.001 through 543.010.

543 transportation code, 543.001, a peace officer may arrest without warrant any person

Now, why do I say that? Why do I say that that actually is in disagreement with 543.001,

Okay, it says that in 543.001,

In 543.001 the legislature specifically limited the officer's ability to arrest without warrant only to those offenses under traffic that are found in subtitle C.

And once you are on the road, 543.001 kicks in, he has to pull you over to inform you, he is detaining you, and he has no probable cause to do that.

543.001 is a specific local provision that is in conflict with 1401B which is where their general arrest without warrant authority comes from.

543.001, and then these persons perpetrated the act of aggravated assault against Craig

That's right in 543.001 of the transportation code. An officer who finds a person, may arrest a person without warrant, found committing a violation, which means he's got to be in his presence.

because 543.001 specifically reads that any peace officer may arrest without warrant any person found committing a violation of this subtitle,

Okay. You said that was Chapter 543.001, Texas Transportation Code.

You were not present when it occurred. By what authority do you write a citation when it violates 543.001?

543.001, Texas Transportation Code

The officer can only write the citation if he finds you committing the violation that is right in 543.001 transportation code.

It was issued out that go read Texas Transportation Code 543.001 and I quote,

that's covered by actually being authorized under the 543.001.

Okay, this goes back to the invocation of chapter 543 of the transportation code, 543.001.

Now, when the officer performs this initial stop, he is invoking 543.001 of the transportation code.

And so we start with authority and the section that's invoked is 543.001 of the transportation

That initiates 543.001 transportation code authority to arrest without warrant.

Subtitle C, right there in 543.001. Subtitle C runs chapter 541 through chapter 600.

And the authority to arrest without warrant is specifically granted in 543.001.

The Code of Criminal Procedure 14.01 B is a general statute. 543.001 is local and specific, which means it prevails over the general unless there is language to the contrary that states the general provision controls.

543.001

under 543.001 where it specifically states any peace officer may arrest without warrant

Now you go to, and not only that, 543.001 makes it a requirement that the alleged activity that the citation was issued for has to be in subtitle C.

First and foremost, under 543.001, we see the authority to arrest without warrant given to some peace officer to use against someone committing a violation of subtitle C of the transportation code, which only encompasses chapters 541 through 600.

One, you're already under arrest according to 543.001 Texas Transportation Code.

That's his warrantless arrest authority in 543.001.

Remember the language found committing. Now, true in 543.001, it does not say who must find them committing the act.

The problem is, is that is a general statute and 543.001 is local and specific to the Transportation Code.

I guess my last question for now is, could you go over one more time? I know you said that in 543.001, they're allowed to arrest without warrant for any violation of that subtitle.

Statute 543.001 is local and specific. Local and specific will always be controlling unless there is verbiage in the local location that says the general takes precedent.

So, in 14.01b, they can arrest for any offense, but if it's a transportation offense, then they have to go to 543.001.

That's correct, the transportation code in chapter 543.001 specifically says a peace officer may arrest any person found committing a violation of this subtitle

specifically as stated in 543.001 of the Transportation Code.

code under 543.001, except there the language is

That is in 543 of the transportation code, 543.001.

generally to a peace officer is in 543.001 of the Transportation Code to

They are only authorized to write citations pursuant 543.001 of the Transportation Code.

All right, folks, we are back. This is Rule of Law Radio. All right. Now, as I was saying, this section of back versus Ohio is going to collide with the warrantless arrest provision 543.001 of the Texas Transportation Code.

One of them is in 543.001 where it switches from department to peace officer. And then in 541 definitions, it defines the term police officer. And police officer there is defined as the term any officer authorized to enforce transportation statutes and make arrest under transportation statutes.

which makes the statement in 543.001 about any peace officer misleading.

like they did in the transportation code under 543.001.

The Texas statutes and transportation 543.001 makes it very clear that the power to arrest

Because 543.001...

543.001 of the Transportation Code specifically authorizes warrantless arrest only for the

Now sub-chapter A is 543.001 through.010, or 011, I forget exactly which one it ends

The one you were citing earlier where it says any peace officer, that is 543.001 of the transportation code.

Where I demonstrate that under 543.006, the officer, I'm sorry, backup 543.001 authorizes an officer to arrest someone for a traffic violation, a police officer.

543.001 authorized the officer to enforce the transportation code.

Okay. Then go look back at 543.001. It's right at the beginning where it says that things

of a broad subject, it's actually, I believe it's 543.001. Like it's right at the beginning.

yeah, he's absolutely correct that the arrest without a warrant that's authorized by 543.001,

And 543.001 authorizes the officer to stop someone for a violation of a, I'm sorry.

that granted every peace officer the authority to enforce the transportation code was 543.001.

The 543.001?

543.001 is different than Texas in that that one specifically gives off any police officer,

In Texas, it's 543.001, 2, 3, 4, and 5.

within that chapter then 543.001 when it says any peace officer may arrest it doesn't say that any

because what they're going to do, the very first thing they're going to go to is 543.001.

One such special statute is found in the transportation code under 543.001 where the legislator said an officer may arrest without warrant any person found committing a violation of this subtitle.

Jack, go over to Texas transportation code 543.001.

And if you look at the Texas Transportation Code, 543.001

However, there is a place 543.001 says that peace officers

Yeah, so it's 543.001.

that's granted in 543.001.

543.001 is a local and specific provision that authorizes a warrantless arrest only for offenses codified in subtitle C.

whereas the transportation code, 543.001, is local and specific to the code.

and the fact that it did not comport itself with the warrantless arrest authority granted by 543.001.

It's couched in 543.001.

But no, 543.001 says nothing about writing a written citation.

So back in 2019, rewind for a while, and we had all, I think, on the show discussed how 543.001 talks about, you know,

Because those are the only ones under 543.001 for which they can make a warrantless arrest if they're authorized to do so.

Okay, take a look at Texas, look at the Texas transportation code, look at section 543.001

Transportation code, yes, and 543.001.

Then act the violation of Texas Transportation Code 543.001

When it says in 543.001, any peace officer, so it's another layer. It's like a Venn diagram. You have another layer of possibility for somebody to enforce

But he has a peace officer, right? So he could get in there and squeeze in with this 543.001, which says he can enforce, he can arrest without a warrant if he sees an onsite offense of somebody doing something in subtitle C

transportation code 543.001

Okay you mean like was it did we talk about the you're looking for a parallel to the Texas Transportation Code 543.001?