It must state that the person is accused of some offense against the laws of the State, naming the offense. 3. Your rights in your home are strong.See generally Ch. 14, Code of Criminal Procedure. A false arrest may lead to a civil rights claim when law enforcement officers engage in misconduct in arresting a suspect. False arrest is a common law tort where a plaintiff claims they were held in custody or arrested without legal justification or without an arrest warrant. A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view. It also means that cops can't enter your house without a warrant based on probable cause under most circumstances. Ask A Lawyer Send Us Your Question Ask A Criminal Defense Lawyer Email Your Questions to Shane Using Our Contact Form. Your rights in your home are strong.