A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view. Police need a warrant to make the arrest outside the home.To get one, a police officer presents an affidavit or complaint to a judge. No warrant is required. Most times when an arrest is made without a warrant, it's because there is an immediate threat to an individual or the public. When can law enforcement arrest me without a warrant? Police (or the Criminal Court) cannot put out an arrest warrant unless a Judge agrees there is Probable Cause to arrest a person. You don't have to let police inside your home without a warrant. In emergency situations, police officers can enter a residence to arrest an occupant without a warrant. Texas law encourages a police officer to obtain an arrest warrant when possible.