In the instant case, when the officer issued the citation, Defendant was under arrest in accordance with Texas Transportation Code 543.001.
Under Texas Code of Criminal Procedure Article 14.01, in order for an officer to make an arrest without first seeking a warrant from some magistrate, the officer must personally see or hear the offense being committed. As in the instant case, where the officer does not personally see or hear the offense committed, the officer has no power to affect an arrest without first presenting a verifiec criminal complaint to the magistrate alleging that s/he has reason to beleive and does believe that a crime has been committed and that you committed the crime. Criminal Comlaint Example
The magistrate then has a duty to keep the peace under Texas Code of Criminal Procedure 2.10. In order to perform that duty the magistrate must hold a hearing for the purpose of examining into a criminal accusation which is called and examining court under Texas Code of Crimiinal Procedure 2.1. The above referenced hearing is held for the purpose of exaimining into a criminal accusation and is held under Chapter 16 Texas Code of Crimial Procedure. Once the hearing has been held, an order must be created by the magistrate under Texas Code of Criminal Procedure 16.17, and a warrent isued under Texas Code of Criminal Procedure 16.20.
In the instant case, no warrant was issued before the arrest and the officer did not see or hear the offense being committed, therefore, the officer was without legal authority to initiate a traffic stop or to issue a citation under Texas Transportation Code 543.003.
Where a public official exerts, or purports to exert an authority s/he does not have and, in the process, denies a citizen in the full and free access to or enjoyment of a right, the officer commits the act of Official Oppression in violation of Texas Penal Code 39.03. Said act is designated by the code as a class A misdemeanor. Official Oppression Complaint
The officer initiated an arrest when he lacked authority to do so. His emergency lights and subsequent demands for licesne and registration carried the threat of the use of his official capacity in order to enforce his demands. At the time of the arrest the officer was prominately displaying a deadly weapon. The fact that the office lacked official capacity rendered his actions under color(pretense) of official capacity. Said act, while prominately displaying a deadly weapon is defined as a felony of the first degree by Texas Penal Code 22.02(b)(2)(A).