A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view. The court ruled that the five-min- ute interval destroyed the citizen's ability to make an arrest without a warrant and the subsequent arrest was illegal.False Imprisonment — Arrest without Warrant — Breach of Peace. A. The authority to arrest without a warrant is entirely statutory. An officer's good faith does not justify an invalid arrest. Each district attorney shall represent the State in all criminal cases in the district courts of his district and in appeals therefrom. The plaintiff's claim in a warrantless false arrest lawsuit arose from a sheriff s deputy s visit to her house to check on the welfare of her daughter. First you need to understand that law enforcement officers make arrests based upon PROBABLE CAUSE. A false arrest may lead to a civil rights claim when law enforcement officers engage in misconduct in arresting a suspect. In San Antonio is prepared to assist you 24 hours a day, 7 days a week.