Texas Law Enforcement
BPOC STUDY GUIDE
(Revised January 1, 2023)
1. (3.1) Physical Fitness: The condition of the body that enables an individual to use his/her body
in activities requiring: Muscular strength; Muscular endurance; Cardiovascular endurance;
Flexibility; Agility; Power; Speed without undue experience of fatigue and exhaustion. Physical
Fitness equates to performance and readiness.
2. (3.1) Definition of Wellness: Consists of a person’s health/disease status and risk potential.
Wellness ranges on a continuum from death to optimal well-being. It is not just the absence of
disease; but is a state of positive well-being. Total well-being involves positive lifestyle/health
behaviors for a balanced physical, mental, spiritual, and socio-emotional well-being. A person
can be physically fit but not well – Wellness goes beyond performance
3. (3.1) Components of fitness can be divided into two categories:
a. Functional and Health Related Fitness: most important because these components
don’t just focus on job functions; they are related to being a fit, functional, productive
human being for a lifetime. Cardiovascular fitness or endurance; Flexibility; Muscular
endurance; (dynamic strength); Muscular Strength (absolute strength); Body
composition.
b. Motor Fitness: Agility; Anerobic power (speed); Explosive leg strength or power
4. (3.1) Note: These functional and Motor Fitness components are the underlying physical factor in
performing the essential tasks of the law enforcement officer’s job.
5. (3.1) Regular exercise and proper nutrition make up the foundation on which the Wellness
Pyramid is built.
6. (3.1) Self-responsibility is the cap that holds down all the other areas in the pyramid.
7. (3.1) The leading cause of death for Americans is heart disease
8. (3.1) The Wellness Continuum ranges from death to optimal well-being, not just the absence of
disease.
9. (3.4) Frequency, Intensity, Time and Type (FITT) - is a set of guideline3s to assist in
incorporating the exercise guidelines to a personal fitness program.
a. F = Frequency
b. I = Intensity
c. T = time
d. T = Type
Factors Influencing
Fitness / Wellness
SelfResponsibility
Stress
Management
Tobacco Cessation
Weight Control
Proper Nutrition
Regular Exercise
10. (3.4) Applying FITT to Cardiovascular Training Purpose: Improve, efficiency of heart, lungs and
blood vessels
11. (3.4) Aerobic (with oxygen) exercises that’s use is rhythmic, uses large muscle groups over and
extended period of time such as running, rowing, cross-country skiing, walking, swimming,
cycling, aerobic dance.
12. (3.4) Applying FITT to anerobic (without oxygen) training Purpose: Increase ability to make
short, intense bursts of maximum effort using energy stored in muscle in the absence of oxygen.
13. (3.5) Components of an exercise program Warm up (5-10 minutes); Work out (20-30 minutes);
Cool Down (5-10 Minutes)
14. (3.6) Safety Measures for fitness training Consider the affect of heat on performance, 130+
degrees, Heatstroke likely with continued exposure.
15. (3.7) Relationship between nutrition and performance Compare nutrition to fuel for a vehicle
16. (3.7) Essential dietary components:
a. Fuel nutrients, carbohydrates, fats, proteins
b. Non fuel nutrients Vitamins, Minerals, Water
17. (3.7) Two types of carbohydrates and sources:
a. Simple – Sweets, soft drinks, white flour, ice cream, cake. Considered “empty calories”
because they are low on nutrients. Blood sugar rise fast and drops fast so energy is not
long lasting and causes drastic peaks and valleys in energy. Reducing intake of these is
better nutritional/performance choice
b. Complex – Potatoes, whole grains, beans, fruits, vegetables. Full of vitamins, minerals
and fiber. Energy is provided slowly and gradually. Increasing the intake is a better
nutritional/performance choice
18. (3.7) Protein – Protein is made up of amino acids often called the “building blocks” of the body
because it is used for building, maintaining and repairing tissue.
19. (3.7) Saturated Fats – tend to be solid at room temperature
20. (3.7) Unsaturated Fats – tend to be liquid at room temperature and most often come from
vegetable sources.
21. (3.7) Relationship between fat and cholesterol:
a. HDL cholesterol is considered “good cholesterol” and helps to carry cholesterol to the
liver
b. LDL is the “bad Cholesterol” which tends to clog arteries
22. (3.7) Water Drink 6-8 eight ounce glasses of water each day – more if you’re exercising.
23. (3.9) Stress Definition: Natural reaction of the mind and body to a demand placed on it –
pleasant or unpleasant. NOTE: You NEED stress: Stress adds flavor, challenge & opportunity but
unmanaged can seriously affect your physical and mental well-being.
24. (3.9) Eustress Is a stressor that is perceived as positive such as a promotion, getting married or
achieving an accomplishment (Good Stress)
25. (3.9) Distress is a stressor that is perceived as negative such as an injury, illness, divorce or being
fired (Bad Stress)
26. (3.9) Acute Stress is short term stress with quick resolution. This is the type of stress our body
handles the best. If we are faced with something that requires us to fight or flee – our bodies
are ready to take it on.
27. (3.9) Chronic Stress is prolonged unrelieved stress also called cumulative stress. Prolonged
unrelieved wear and tear results from too many demands.
28. (3.9) Critical Incident Stress (CIS) is incident specific. This is heavy-duty stress that causes
psychological and physical discomfort for 2 days to 1 month. CIS is considered “normal”
response to an abnormal extreme incident.
29. (3.9) Post Traumatic Stress Disorder (PTSD) creates major distress & long lasting disruptive
changes in a person’s life. This is not “normal” stress and may need professional help. PTSD is
similar to CIS but symptoms prolonged past 1 month. The person is unable to make the event
part of their past keeping it part of their present.
30. (3.10) The Nervous System has Three parts
a. Central Nervous System - Brain & Spinal cord – the command center
b. Sympathetic Nervous System – creates biochemical changes to the mind and body to
prepare to respond to threat (fight or flight). Like pushing the accelerator on a car.
c. Parasympathetic Nervous System – responsible for rest, digestion and nutrients
31. (3.10) The body’s response works well when the stressor is resolved physically and quickly as in
acute stress.
32. (3.11) Common stressors of Police Officers
a. Stress external to agency: frustration with judicial system; lack of consideration by the
courts for scheduling officer appearances; perceived lack of public support; negative or
distorted media coverage of policing; Officers dislike of the decisions and interests of
city council, county commissioners, or legislature.
33. (3.11) Hypervigilance is the elevated alertness of surroundings required of law enforcement
officers for survival.
34. (3.12) Approach to Stress Management
a. Adapt/Accept by building resistance to stress or changing perspective.
35. (3.14) Physical and psychological changes when confronted with survival stress and explore
ways to positively channel these changes Complex motor skills, such as complex ground
fighting techniques, begin to deteriorate and changes in vision begin at heart rates over 145 (i.e.
tunnel vision, two dimension vision)
36. (3.15) Five phases of transition that persons who experience traumatic events typically go
through:
a. Denial Phase
b. Anger Phase
c. Bargaining Phase
d. Depression Phase
e. Acceptance Phase
37. (3.18) Marital or Relational problems leading cause of suicide
38. (3.20) Strategies to assist a coworker contemplating suicide (AIDLIFE)
a. Ask – Don’t be afraid to ask, “Are you thinking of hurting or killing yourself”
b. Intervene Immediately – Take action. Tell the person he is not alone
c. Don’t keep it a secret
d. Inform supervisor of the situation
e. Find someone to stay with the person
f. Expedite Get help immediately and don’t leave a person alone
39. (2.1) Policing in America has its roots in European methods
40. (2.1) In regards to early policing, ‘Watch’ means nighttime, “Ward” means daytime
41. (2.2) American policing went through a “reform” era marked by the contributions of such men
as August Volmer.
42. (2.3) Policing handled by the Spanish Military when Mexican governors reigned over the
territory later to become Texas.
(2.3) Stephen F. Austin employed a militia group to protect the settlers from Indian and bandit
raids. This group later became known as the Texas Rangers.
Elected County Law Enforcement
Constables
Art. 5, Sec. 18 Texas Constitution
Sheriffs
Art. 5, Sec. 23 Texas Constitution
43. (2.4) TCOLE Rule Chap 211 (45) Patrol rifle--Any magazine-fed repeating rifle with iron/open
sights or with a frame mounted optical enhancing sighting device, 5 power or less, that is carried
by the individual officer in an official capacity.
44. (2.4) TCOLE Rule Chap 211 (50) Precision rifle--Any rifle with a frame mounted optical sighting
device greater than 5 power that is carried by the individual officer in an official capacity.
45. (2.4) The Occupations Code is the statutory authority for the commission to establish rules that
law enforcement agencies and officers must follow.
46. (2.4) TCOLE Rule Chap 211.27 (a) Within thirty days, a licensee or person meeting the
requirements of a licensee shall report to the commission:
a. (1) any name change;
b. (2) a permanent mailing address other than an agency address;
c. (3) all subsequent address changes;
d. (4) an arrest, charge, or indictment for a criminal offense above the grade of Class C
misdemeanor, or for any Class C misdemeanor involving the duties and responsibilities
of office or family violence, including the name of the arresting agency, the style, court,
and cause number of the charge or indictment, if any;
e. (5) the final disposition of the criminal action; and
f.
(6) receipt of a dishonorable or other discharge based on misconduct which bars future
military service.
47. (2.4) TCOLE Rule Chap 218.3 Each agency or entity that employs at least one peace officer or at
least one firearms certified jailer shall:
(1) require each peace officer or firearm certified jailer that it employs to successfully complete
the current firearms proficiency requirements at least once each calendar year for each type of
firearm carried; The minimum standards for the annual firearms proficiency course of fire shall
be:
a. (1) handguns - a minimum of 50 rounds, fired at ranges from point-blank to at least 15
yards with at least 20 rounds at or beyond seven yards, including at least one timed
reload;
b. (2) shotguns - a minimum of five rounds of ammunition fired at a range of at least 15
yards;
c. (3) precision rifles - a minimum of 20 rounds of ammunition fired at a range of at least
100 yards; however, an agency may, in its discretion, allow a range of less than 100
yards but not less than 50 yards if the minimum passing percentage is raised to 90;
d. (4) patrol rifles - a minimum of 30 rounds of ammunition fired at a range of at least 50
yards, including at least one timed reload; however, an agency may, in its discretion,
allow a range of less than 50 yards but not less than 10 yards if the minimum passing
percentage is raised to 90;
e. (5) fully automatic weapons - a minimum of 30 rounds of ammunition fired at ranges
from seven to at least 10 yards, including at least one timed reload, with at least 25
rounds fired in full automatic (short bursts of two or three rounds), and at least five
rounds fired semi-automatic, if possible with the weapon.
f. (d) The minimum passing percentage shall be 70 for each firearm.
48. (2.4) The minimum passing percentage shall be 70 for each firearm.
49. (2.4) TCOLE Rule Chap 218.3 (b)Each training unit (2 years).
a. (1) Peace officers shall complete at least 40 hours of continuing education, to include
the corresponding legislative update for that unit.
50. (2.4) TCOLE Rule Chap 218.3 (c) Each training cycle (4 years)
51. (2.4) TCOLE Rule Chap 218.3 New supervisors: each peace officer assigned to their first position
as a supervisor must complete new supervisor training within one year prior to or one year after
appointment as a supervisor.
52. (2.5) The Traditional Police Service Model
a. Reactive Response – Most of the workload of patrol officers and detectives consists of
handling crimes that have already been committed, disturbances in progress, traffic
violations, and such. Exceptions include crime prevention and narcotics investigations.
b. Incident driven – This relies on limited information, mostly from victims, witnesses, and
suspects, Focus tends to be on one “incident” which is resolved before moving to the
next “incident”
c. Use of the criminal justice system – The primary means of resolving incidents is to
involve the criminal justice process. It is critical to consider and utilize all elements of
the criminal justice system, both sworn and civilian personnel
d. Use of aggregate statistics
e. Lack of community and employee involvement in the decision making process – Most
decisions are made at the management and mid-management level with little citizen
involvement.
f. Citizen and employee expectations – The expectations of both the community and
agency employees are often not met due to the expectation that peace officers will
have a high impact on crime in the community.
g. The use of specialized units – The traditional model has used specialized units with a
high degree of effectiveness. Directed patrol, investigative, and other related
approaches have had a large degree of success in many police agencies.
53. (2.5) The Traditional Police Service Model there is a lack of community and employee
involvement in the decision making process – Most decisions are made at the management and
mid-management level with little citizen involvement.
54. (2.6) Community Policing Community policing is a new philosophy of policing, based on the
concept that police officers and private citizens working together in creative ways can help solve
contemporary community problems related to crime, fear of crime, social and physical disorder,
and neighborhood decay. The goal is to allow Community Police Officers to own their beat
areas, so that they can develop the rapport and trust that is vital in encouraging people to
become involved in efforts to address the problems in their neighborhoods.
Private Attorneys/ Bail Bondsmen
No officer should ever make a referral to a private attorney or bail bondsman. This could
result in a suit against an officer. Additionally, there could be a conflict of interest that
could create an ethical dilemma
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(1.1) Earliest definition of “Professionalism” Its earliest meaning comes from those professing
the vows of a religious order.
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(1.1) The Oxford English Dictionary offers the following definitions Profession A vocation in
which professed knowledge of some branch of learning is used in its application to the affairs of
others, or in the practice of an art based upon it.
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(1.1) Webster's New Universal Unabridged Dictionary Profession: "A vocation or occupation
requiring advanced training in some liberal art or science, and usually involving mental rather
than manual work”
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(1.2)
Characteristics of professionalism:
 Service to others
 Assessment of client needs
 Theoretical body of knowledge obtained through extended pre-service education
 Standards for entry, practice, and ethical conduct
 Professional association to maintain standards
 Continuing education and lifelong learning
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(1.2) Remember “Service to Others” is one of the characteristics of professionalism.
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(1.2) Advantages of the Professional Model of Law Enforcement
Advantages:
 Public or Client better served
 Quality of peace officers is improved
 Ethical conduct
 More effective problem solving
 Stronger community support and respect
 Stronger role in the criminal justice system
 More effective innovations
 Financial rewards
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(1.2) Disadvantages of the Professional Model of Law Enforcement
Disadvantages
 Cost of training and development
 Higher salaries or remuneration for job occupant
 Limited entry into the work force from poor because of limited opportunity for
educational attainment
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(1.4) Influences on Behavior Every aspect of human behavior is influenced by personal values,
but values are not easily defined or achieved
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(1.4) The “Ethical Role”
The ethical role is performed by being objective, impartial, neutral and ethical in personal
behavior and in functioning as a representative of the criminal justice system.
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(1.4) Elements of the Ethical Role
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To act in a manner that reflects belief in the fundamental value of ethical behavior and
in application of this value to your job
 To conduct daily activities in an objective manner striving to be uninfluenced by
emotion, personal prejudice, or insufficient evidence
 To provide objective and constructive assistance or information to all persons,
regardless of personal feelings
 To assist the public to understand how they can help in achieving objective and ethical
behavior
To embrace fairness and consistency, giving a voice to all parties, transparency and impartiality

(1.4) Objectivity involves the expression or use of facts without distortion by personal feelings
or prejudices - neutrality. In achieving objectivity, it is essential that you not only gather all of
the available relevant information on a topic, but that you also strive to establish the validity of
the information.
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(1.5) Courage is the state or quality of mind or spirit that enables one to face danger with selfpossession, confidence, and resolution; bravery; valor.

Moral judgment- the ability to make the right ethical decision; to determine the morally correct
and wisest course of action. This requires the use of critical thinking skills and the ability to
prioritize competing ethical principles and values.

Moral motivation – the desire to do the right thing and to be a good and ethical person.

Moral character – possessing the maturity, courage, and discipline to follow through and do
what you know is right in situations of strong temptation and/or great pressure from others.
Five Pillars of Procedural Justice
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Fairness and consistency
Giving Voice to all Parties
Transparency
Impartiality
Cornerstone of the ethical role: Pillars of Character
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Trustworthiness
Respect
Responsibility
Fairness
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Caring
Citizenship
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Examples of physical courage:
 Facing barricaded, armed suspect
Examples of moral courage:
 Refusing gratuities
 Refusing to participate in cover-up
 Refusing to participate in ethnic or gender based humor or practical joking, etc.

(1.7) Unethical conduct on the part of peace officers can result in federal prosecution. There are
specific statutes aimed at peace officers to prevent violations of civil rights. The FBI has a special
role to investigate those accusations.
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(1.7) USC 241 Conspiracy Against Rights: If two or more persons conspire to injure, oppress,
threaten, or intimidate any inhabitant of any State, Territory, or District in the free exercise or
enjoyment of any right or privilege secured to him by the Constitution or laws of the United
States, or because of his having so exercised the same; or If two or more persons go in disguise
on the highway, or on the premises of another, with intent to prevent or hinder his free exercise
or enjoyment of any right or privilege so secured --They shall be fined not more than $10,000 or
imprisoned not more than ten years, or both; and if death results, they shall be subject to
imprisonment for any term of years or for life.
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(1.7) USC 242 Deprivation of Rights Under Color of Law: Whoever, under color of any law,
statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State,
Territory, or District to the deprivation of any rights, privileges, or immunities secured or
protected by the Constitution or laws of the United States, or to different punishments, pains, or
penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than
are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned
not more than one year, or both; and if bodily injury results shall be fined under this title or
imprisoned not more than ten years, or both; and if death results shall be subject to
imprisonment for any term of years or for life.
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(1.8) PC 39.03 “Sexual Harassment” means unwelcome sexual advances, requests for sexual
favors, or other verbal or physical conduct of a sexual nature, submission to which is made a
term or condition of a person’s exercise or enjoyment of any right, privilege, power, or
immunity, either explicitly or implicitly.

(7.1) Writ of Habeas Corpus The name given to a variety of writs, with the objective of bringing
a party before a court or judge. The primary function of the writ is release from unlawful
imprisonment. The objective of the writ is not to determine prisoner’s guilt or innocence, and
the only issue which it presents is whether is restrained of his liberty by due process. Note: The
federal Writ of Habeas Corpus may be suspended “in case of Rebellion or Invasion the Public
safety may require it

(7.1) Writ of Habeas Corpus Definition The remedy to be used when any person is restrained in
his liberty. It is an order issued by a court or judge of competent jurisdiction, directed to anyone
having a person in his custody, or under his restraint, commanding him to produce such person,
at a time and place named in the writ, and show why he is held in custody or under restraint.

U.S. Constitution, Article 2: provides procedure for election of President and Vice-President of
the U.S.

U.S. Constitution, Article 3: establishment and jurisdiction of the U.S. Supreme Court.
Establishes the fact that all trials shall be in the state where they crime was committed. Defines
the only crime in the U.S Constitution TREASON

The only crime that is given in the U.S. Constitution is Treason

A court caser titled “Duran v. City of Douglas AZ” dealt with “freedom of speech”

Know the 1st Amendment (Freedom of press, speech, press, assembly, and petition) Duran v. Az
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Know the 4th Amendment (Search and Seizure, Probable Cause)

In Tennessee v. Garner the court stated: Today we make explicit what was implicit in Garner’s
analysis and hold that all claims that law enforcement officer have used excessive force – deadly
or not – in the course of an arrest, investigatory stop or other seizure of a free citizen should be
analyzed under the Fourth Amendment and its “Reasonableness Standard”

Know the 5th Amendment (double jeopardy – witness against self; due process; selfincrimination) (See Miranda v Arizona & Brown v Texas)
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Know the 6th Amendment (Right to trial: confronting accusers: right to counsel)
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Know the 7th Amendment (Right to trial by jury in civil cases)
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Know the 8th Amendment (excessive bail – fines – punishment)
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Know the 9th Amendment (individual’s rights)
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Know the 10th Amendment (State’s rights)
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Know the 13th Amendment: abolition of slavery
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Know the first paragraph of the 14th Amendment US Law supersedes state law, due process and
equal protection (abridge)
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(7.2) Know the 3 major components of the “Criminal Justice System”: Law Enforcement, Courts,
and Corrections.
7.1.
Identify the civil/criminal courts and their jurisdiction.
 U.S. Supreme Court - civil/criminal
 Texas Supreme Court - civil
 Court of Criminal Appeals - criminal - CCP 4.04, Sec. 1 & 2
 Courts of Appeals - civil/criminal - CCP 4.03
 District Courts - criminal/civil (felony) - CCP 4.05
 County Court at Law - criminal/civil in Texas (changes from state to state) A & B
misdemeanors - CCP 4.07 & 4.08
 Jurisdiction of Justice Courts - criminal/civil C misdemeanors - CCP 4.11
 Jurisdiction of Municipal Courts - criminal – city ordinances, misdemeanor cases –
Class C - CCP 4.14
 Small claims court – civil
 Juvenile court – civil
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(7.4) Civil Law: that portions of the law which defines the personal and property rights of
individuals; the rights of an individual to seek redress or to prevent a wrong; any action other
than criminal proceedings

(7.4) Tort: any one of various, legally recognized, private injuries or wrongs. A civil action.

(7.4) Criminal Law: law which for the purpose of preventing harm to society, (a) declares what
conduct is criminal, and (b) prescribes the punishment to be imposed for such conduct

(5.1) Attitude is a cognitive position based on a person’s knowledge, feelings, and experiences
about someone or something influencing him/her to behave in a certain way about that person
or thing

(5.1) Race generally refers to groups of people with common ancestry and physical
characteristics
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(5.1) Ethnicity refers to shared culture and background. Members of an ethnic group usually
have common ancestry and generally share language, religion, and other cultural patterns.

(5.1) Ethnocentrism is the act of regarding one’s culture as the “center of the universe,” and
hence as the basis for all comparisons with other cultures.
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(5.1) Prejudice is an adverse judgment or opinion formed beforehand or without knowledge of
or examination of the facts; i.e., bias.
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(5.1) Culture - a way of thinking and acting based on tradition; i.e., learned behavior passed
down from one generation to another.
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(5.1) Discrimination - acting on the basis of prejudice
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(5.1) Stereotype and Categorical Treatment - affords a convenient grouping for people of whom
one is not knowledgeable. Lumping or grouping such people together under a popular
stereotyped description saves time and provides a convenient grouping.

(5.1) Scapegoat – “scapegoating” provides a convenient group or person to blame when things
go wrong in one’s personal life or in the community.

(5.1) Four Basic Feelings or Attitudes Harbored By Most Prejudiced Persons
a. Feeling of superiority
b. Others are strange and different
c. Proprietary claims - as a member of the group, the individual believes he is entitled to
exclusive or prior rights in a certain area
d. Fear
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(5.5) The role of the peace officer includes enforcing laws in an impartial manner and
supporting the concept that all persons, including criminal justice personnel, are equally subject
to the law and will be treated equally by it.

(5.8) Cross-cultural communication is defined as a field of study that focuses on how people of
differing cultures communicate with each other. In a multicultural society, such as the U.S.,
many scholars believe it is imperative that law enforcement officials have some understanding
of these communication principles in order to facilitate dialogue and reduce conflict.
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(9.1) Know the objectives of the Code of Criminal Procedure (CCP 1.03)
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(6.12) No person shall be held to answer for a felony unless on indictment of a grand jury (CCP
1.05)
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(7.1) The writ of habeas corpus is the remedy to be used when any person is restrained in his
liberty. It is an order issued by a court or judge of competent jurisdiction, directed to anyone
having a person in his custody, or under his restraint, commanding him to produce such person,
at a time and place named in the writ, and show why he is held in custody or under restraint
(CCP 11.01)
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(7.6) Who are magistrates - CCP 2.09
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A District Attorney is “not a magistrate” (CCP 2.09)
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(9.2) Know, “Who are Peace Officers”. (CCP 2.12)
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(9.2) Officers commissioned by a water control and improvement district under Section 49.216,
Water Code; would be a “Peace Officer” (CCP 2.12; 14)
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(9.2) Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives; would not be
deemed to be a “peace officer” in Texas (CCP 2.122)
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(9.2) RAILROAD PEACE OFFICERS. (a) The director of the Department of Public Safety may
appoint up to 250 railroad peace officers who are employed by a railroad company to aid law
enforcement agencies in the protection of railroad property and the protection of the persons
and property of railroad passengers and employees. A railroad peace officer may not issue a
traffic citation. A railroad peace officer is not entitled to state benefits normally provided by
the state to a peace officer (CCP 2.121)
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(8.01) MAY SUMMON AID Whenever a peace officer meets with resistance in discharging any
duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to
overcome the resistance; and all persons summoned are bound to obey. The peace officer who
has summoned any person to assist him in performing any duty shall report such person, if he
refuse to obey, to the proper district or county attorney, in order that he may be prosecuted for
the offense (CCP 2.14 and CCP 2.15)

(14.1) Neglecting to execute process – If any sheriff or other officer shall willfully refuse
or fail from neglect to execute any summons, subpoena or attachment for a witness, or
any other legal process which it is made his duty by law to execute, he shall be liable to
a fine for contempt not less than ten nor more than two hundred dollars at the
discretion of the court. (CCP 2.16)

(2.17) CONSERVATOR OF THE PEACE. Each sheriff shall be a conservator of the peace in his
county, and shall arrest all offenders against the laws of the State, in his view or hearing, and
take them before the proper court for examination or trial. He shall quell and suppress all
assaults and batteries, affrays, insurrections and unlawful assemblies. He shall apprehend and
commit to jail all offenders, until an examination or trial can be had (ART 2.17)

(6.1) Racial profiling means a law enforcement-initiated action based on an individual’s race,
ethnicity, or national origin rather than on the individual’s behavior or on information
identifying the individual as having engaged in criminal activity.(ART 2.131)
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(7.2) Courts of Appeal The Courts of Appeals shall have appellate jurisdiction coextensive with
the limits of their respective districts in all criminal cases except those in which the death
penalty has been assessed. (ART 4.03)

(7.2) Court of Criminal Appeal The Court of Criminal Appeals shall have, and is hereby given,
final appellate and review jurisdiction in criminal cases coextensive with the limits of the state,
and its determinations shall be final. The appeal of all cases in which the death penalty has been
assessed shall be to the Court of Criminal Appeals. (ART 4.04)

(7.2) District courts and criminal district courts shall have original jurisdiction in criminal cases of
the grade of felony, of all misdemeanors involving official misconduct, and of misdemeanor
cases transferred to the district court under Article 4.17 of this code. (4.05)

(7.2) County Courts (Statutory Court) The county courts shall have original jurisdiction of all
misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when
the fine to be imposed shall exceed five hundred dollars. All A and B misdemeanors. (4.07)

(7.2) Municipal Court (Justice Court) A municipal court, including a municipal court of record,
shall have exclusive original jurisdiction within the territorial limits of the municipality in all
criminal cases. Original jurisdiction for all Class “C” misdemeanors, except for those involving
official misconduct.

(9.3) Duties of Peace Officers regarding family violence
(a) The primary duties of a peace officer who investigates a family violence allegation or who
responds to a disturbance call that may involve family violence are to protect any potential
victim of family violence, enforce the law of this state, enforce a protective order from another
jurisdiction as provided by Chapter 88, Family Code, and make lawful arrests of violators
(b) A peace officer who investigates a family violence allegation or who responds to a
disturbance call that may involve family violence shall advise any possible adult victim of all
reasonable means to prevent further family violence, including giving written notice of a victim’s
legal rights and remedies and of the availability of shelter or other community services for family
violence victims.
(c) A written notice required by Subsection (b) of this article is sufficient if it is in substantially
the following form with the required information in English and in Spanish inserted in the notice
(CCP 5.03)

(9.3) A peace officer who investigates a family violence allegation or who responds to a
disturbance call that may involve family violence shall advise any possible adult victim of all
reasonable means to prevent further family violence, including giving written notice of a
victim’s legal rights and remedies and of the availability of shelter or other community services
for family violence victims (CCP 5.03 (b))

(9.6) Dispersing Riot DISPERSING RIOT. Whenever a number of persons are assembled together
in such a manner as to constitute a riot, according to the penal law of the State, it is the duty of
every magistrate or peace officer to cause such persons to disperse. This may either be done by
commanding them to disperse or by arresting the persons engaged, if necessary, either with or
without warrant (8.04)

(9.6) Officer may call aid the sheriff may call any military company in the county to aid him in
overcoming the resistance, and if necessary, in seizing and arresting the persons engaged in
such resistance (8.01)

(10.4) A peace officer may arrest an offender without a warrant for any offense committed in his
presence or within his view (14.02)

(10.4) WITHIN VIEW OF MAGISTRATE. A peace officer may arrest, without warrant, when a
felony or breach of the peace has been committed in the presence or within the view of a
magistrate, and such magistrate verbally orders the arrest of the offender.

(8.33) A peace officer charging a person with an offense under this section, instead of taking the
person before a magistrate, shall issue to the person a written citation and notice to appear that
contains the time and place the person must appear before a magistrate, the name and address
of the person charged, and the offense charged. If the person makes a written promise to
appear before the magistrate by signing in duplicate the citation and notice to appear issued by
the officer, the officer shall release the person (49.031, e)

(10.5) WHEN FELONY HAS BEEN COMMITTED. Where it is shown by satisfactory proof to a
peace officer, upon the representation of a credible person, that a felony has been committed,
and that the offender is about to escape, so that there is no time to procure a warrant, such
peace officer may, without warrant, pursue and arrest the accused. (Art. 14.04)

(10.4) ARREST BY PEACE OFFICER FROM OTHER JURISDICTION. (a) A peace officer
commissioned and authorized by another state to make arrests for felonies who is in fresh
pursuit of a person for the purpose of arresting that person for a felony may continue the
pursuit into this state and arrest the person. (Art. 14.051)

(10.7) WARRANT OF ARREST. A "warrant of arrest" is a written order from a magistrate,
directed to a peace officer or some other person specially named, commanding him to take the
body of the person accused of an offense, to be dealt with according to law. (Art. 15.01)

(10.7) MAY BREAK DOOR. In case of felony, the officer may break down the door of any house
for the purpose of making an arrest, if he be refused admittance after giving notice of his
authority and purpose. (Art. 15.25)

(10.9) SEARCH WARRANT. (a) A "search warrant" is a written order, issued by a magistrate and
directed to a peace officer, commanding him to search for any property or thing and to seize the
same and bring it before such magistrate or commanding him to search for and photograph a
child and to deliver to the magistrate any of the film exposed pursuant to the order. (Art. 18.01)

(10.9) DAYS ALLOWED FOR WARRANT TO RUN. (a) Unless the magistrate directs in the warrant
a shorter period for the execution of any search warrant issued under this chapter, Chapter 18A,
or Chapter 18B, the period allowed for the execution of the warrant, exclusive of the day of its
issuance and of the day of its execution, is: (1)AA 15 whole days if the warrant is issued solely to
search for and seize specimens from a specific person for DNA analysis and comparison,
including blood and saliva samples; (2) 10 whole days if the warrant is issued under Article
18B.354 or Subchapter G-1, Chapter 18B; or (3) three whole days if the warrant is issued for a
purpose other than that described by Subdivision (1) or (2). (Art. 18.07)

(10.9) SEARCH WARRANT MAY ORDER ARREST. If the facts presented to the magistrate under
Article 18.02 of this chapter also establish the existence of probable cause that a person has
committed some offense under the laws of this state, the search warrant may, in addition, order
the arrest of such person. (Art. 18.03)

(10.9) SHALL SEIZE ACCUSED AND PROPERTY. When the property which the officer is directed
to search for and seize is found he shall take possession of the same and carry it before the
magistrate. He shall also arrest any person whom he is directed to arrest by the warrant and
immediately take such person before the magistrate. For purposes of this chapter, "seizure," in
the context of property, means the restraint of property, whether by physical force or by a
display of an officer's authority, and includes the collection of property or the act of taking
possession of property. (Art. 18.09)

(10.11) COMPLAINT. The affidavit made before the magistrate or district or county attorney is
called a "complaint" if it charges the commission of an offense. (Art. 15.04)

(10.11) "COMMITMENT". A "commitment" is an order signed by the proper magistrate directing
a sheriff to receive and place in jail the person so committed. (Art. 16.20)

"INDICTMENT". An "indictment" is the written statement of a grand jury accusing a person
therein named of some act or omission which, by law, is declared to be an offense. (Art. 21.01)

(10.1) "INFORMATION". An "Information" is a written statement filed and presented in behalf
of the State by the district or county attorney, charging the defendant with an offense which
may by law be so prosecuted. (Art. 21.20)

Art. 23.01. DEFINITION OF A "CAPIAS". In this chapter, a "capias" is a writ that is:
(1) issued by a judge of the court having jurisdiction of a case after commitment or bail and
before trial, or by a clerk at the direction of the judge; and(2) directed "To any peace officer of
the State of Texas", commanding the officer to arrest a person accused of an offense and bring
the arrested person before that court immediately or on a day or at a term stated in the writ.

CAPIAS OR SUMMONS IN FELONY. (a) A capias shall be issued by the district clerk upon each
indictment for felony presented, after bail has been set or denied by the judge of the court.
Upon the request of the attorney representing the State, a summons shall be issued by the
district clerk. The capias or summons shall be delivered by the clerk or mailed to the sheriff of
the county where the defendant resides or is to be found. A capias or summons need not issue
for a defendant in custody or under bond. (b) Upon the request of the attorney representing the
State a summons instead of a capias shall issue. If a defendant fails to appear in response to the
summons a capias shall issue. (c) Summons. The summons shall be in the same form as the
capias except that it shall summon the defendant to appear before the proper court at a stated
time and place. The summons shall be served upon a defendant by delivering a copy to him
personally, or by leaving it at his dwelling house or usual place of abode with some person of
suitable age and discretion then residing therein or by mailing it to the defendant's last known
address. (Art. 23.01)

SUBPOENA DUCES TECUM. If a witness has in his possession any instrument of writing or other
thing desired as evidence, the subpoena may specify such evidence and direct that the witness
bring the same with him and produce it in court. (Art. 24.02)

ISSUANCE OF SUBPOENAS. (a) A subpoena may summon one or more persons to appear:
(1) before a court to testify in a criminal action at a specified term of the court or on a specified
day; or
(2) on a specified day:
(A) before an examining court;
(B) at a coroner's inquest;
(C) before a grand jury;
(D) at a habeas corpus hearing; or
(E) in any other proceeding in which the person's testimony may be required in accordance
with this code.

(7.1) DEFINITION OF "BAIL". "Bail" is the security given by the accused that he will appear and
answer before the proper court the accusation brought against him, and includes a bail bond or
a personal bond. (Art. 17.01)

(9.4) Article 17.29 does not apply when a person has been arrested or held without a warrant in
the prevention of family violence if there is probable cause to believe the violence will continue
if the person is immediately released. The head of the agency arresting or holding such a person
may hold the person for a period of not more than four hours after bond has been posted. This
detention period may be extended for an additional period not to exceed 48 hours, but only if
authorized in a writing directed to the person having custody of the detained person by a
magistrate (17.291)

(32.20) "Autopsy" means a post mortem examination of the body of a person, including X-rays
and an examination of the internal organs and structures after dissection, to determine the
cause of death or the nature of any pathological changes that may have contributed to the
death. (49.01)

(32.23) A justice of the peace shall conduct an inquest into the death of a person who dies in the
county served by the justice (49.04)

(32.20) "Inquest" means an investigation into the cause and circumstances of the death of a
person, and a determination, made with or without a formal court hearing, as to whether the
death was caused by an unlawful act or omission. (49.01)

(32.20) DEATHS REQUIRING AN INQUEST. (a) A justice of the peace shall conduct an inquest
into the death of a person who dies in the county served by the justice if:
(1) the person dies in prison under circumstances other than those described by Section
501.055(b), Government Code, or in jail;
(2) the person dies an unnatural death from a cause other than a legal execution
(3) the body or a body part of a person is found, the cause or circumstances of death are
unknown, and:
(A) the person is identified; or
(B) the person is unidentified;
(4) the circumstances of the death indicate that the death may have been caused by unlawful
means;
(5) the person commits suicide or the circumstances of the death indicate that the death may
have been caused by suicide;
(6) the person dies without having been attended by a physician;
(7) the person dies while attended by a physician who is unable to certify the cause of death and
who requests the justice of the peace to conduct an inquest; or
(8) the person is a child younger than six years of age and an inquest is required by Chapter 264,
Family Code.
(b) Except as provided by Subsection (c) of this section, a physician who attends the death of a
person and who is unable to certify the cause of death shall report the death to the justice of
the peace of the precinct where the death occurred and request that the justice conduct an
inquest.
(c) If a person dies in a hospital or other institution and an attending physician is unable to
certify the cause of death, the superintendent or general manager of the hospital or institution
shall report the death to the justice of the peace of the precinct where the hospital or institution
is located.
(d) A justice of the peace investigating a death described by Subsection (a)(3)(B) shall report the
death to the missing children and missing persons information clearinghouse of the Department
of Public Safety and the national crime information center not later than the 10th working day
after the date the investigation began.
(e) A justice of the peace investigating a death described by Subsection (a)(3)(B), or the justice's
designee, shall, not later than the 10th working day after the date that one or more identifying
features of the unidentified body are determined or the 60th day after the date the
investigation began, whichever is earlier, enter all available identifying features of the
unidentified body (fingerprints, dental records, any unusual physical characteristics, and a
description of the clothing found on the body) into the National Missing and Unidentified
Persons System.

Art. 49.06. HINDERING AN INQUEST. (a) A person commits an offense if the person
intentionally or knowingly hinders the entrance of a justice of the peace to a premises where a
death occurred or a body is found.
(b) An offense under this article is a Class B misdemeanor. (Art. 49.06)

(14.1) Sec. 5. EXEMPTION FROM ARREST AND SERVICE OF PROCESS. If a person comes into this
State in obedience to a summons directing him to attend and testify in this State he shall not
while in this State pursuant to such summons be subject to arrest or the service of process, civil
or criminal, in connection with matters which arose before his entrance into this State under the
summons. (24.28)

(10.4) WHEN A PERSON IS ARRESTED. A person is arrested when he has been actually placed
under restraint or taken into custody by an officer or person executing a warrant of arrest, or by
an officer or person arresting without a warrant. (Art. 15.22)

(10.4) CONSTRUCTIVE CUSTODY. The words "confined", "imprisoned", "in custody",
"confinement", "imprisonment", refer not only to the actual, corporeal and forcible detention of
a person, but likewise to any coercive measures by threats, menaces or the fear of injury,
whereby one person exercises a control over the person of another, and detains him within
certain limits. (Art. 11.21)

(10.4) RESTRAINT. By "restraint" is meant the kind of control which one person exercises over
another, not to confine him within certain limits, but to subject him to the general authority and
power of the person claiming such right. (Art. 11.22)

(10.4) "Custody" means:
(A) under arrest by a peace officer or under restraint by a public servant pursuant to an order of
a court of this state or another state of the United States; or
(B) under restraint by an agent or employee of a facility that is operated by or under contract
with the United States and that confines persons arrested for, charged with, or convicted of
criminal offenses. (PC 38.01)

(10.4) AUTHORITY TO ARREST MUST BE MADE KNOWN. In executing a warrant of arrest, it shall
always be made known to the accused under what authority the arrest is made. The warrant
shall be executed by the arrest of the defendant. The officer need not have the warrant in his
possession at the time of the arrest, provided the warrant was issued under the provisions of
this Code, but upon request he shall show the warrant to the defendant as soon as possible. If
the officer does not have the warrant in his possession at the time of arrest he shall then inform
the defendant of the offense charged and of the fact that a warrant has been issued. (Art. 15.26)

(10.6) “Miranda v. Arizona” 384 U.S. 436 (1966). The person in custody must, prior to
interrogation, be clearly informed that he has the right to remain silent, and that anything he
says will be used against him in court; he must be clearly informed that he has the right to
consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is
indigent, a lawyer will be appointed to represent him.

(10.5) OFFENSE WITHIN VIEW. (a) A peace officer or any other person, may, without a warrant,
arrest an offender when the offense is committed in his presence or within his view, if the
offense is one classed as a felony or as an offense against the public peace.
(b) A peace officer may arrest an offender without a warrant for any offense committed in his
presence or within his view. (Art. 14.01)

(10.7) WITHIN VIEW OF MAGISTRATE. A peace officer may arrest, without warrant, when a
felony or breach of the peace has been committed in the presence or within the view of a
magistrate, and such magistrate verbally orders the arrest of the offender. (Art. 14.02)

(10.7) ARREST BY PEACE OFFICER FROM OTHER JURISDICTION. (a) A peace officer
commissioned and authorized by another state to make arrests for felonies who is in fresh
pursuit of a person for the purpose of arresting that person for a felony may continue the
pursuit into this state and arrest the person. (Art. 14.051)

(10.4) PREVENTING CONSEQUENCES OF THEFT. Any person has a right to prevent the
consequences of theft by seizing any personal property that has been stolen and bringing it,
with the person suspected of committing the theft, if that person can be taken, before a
magistrate for examination, or delivering the property and the person suspected of committing
the theft to a peace officer for that purpose. To justify a seizure under this article, there must be
reasonable ground to believe the property is stolen, and the seizure must be openly made and
the proceedings had without delay. (Art. 18.16)

WHEN FELONY HAS BEEN COMMITTED. Where it is shown by satisfactory proof to a peace
officer, upon the representation of a credible person, that a felony has been committed, and
that the offender is about to escape, so that there is no time to procure a warrant, such peace
officer may, without warrant, pursue and arrest the accused. (Art. 14.04)

(10.7) WARRANT OF ARREST. A "warrant of arrest" is a written order from a magistrate,
directed to a peace officer or some other person specially named, commanding him to take the
body of the person accused of an offense, to be dealt with according to law. (Art. 15.01)

(10.7) WHAT FORCE MAY BE USED. In making an arrest, all reasonable means are permitted to
be used to effect it. No greater force, however, shall be resorted to than is necessary to secure
the arrest and detention of the accused. (Art. 15.24)

(10.3) Officers can lay back and watch the individual(s) or activity suspected for additional facts
and circumstances that amount to more than mere suspicion. The officer’s objective is to obtain
articulable facts and circumstances that rise to the level of either reasonable suspicion that gives
officers the power to detain or probable cause, which permits the officer to arrest.

(10.7) MAY BREAK DOOR. In case of felony, the officer may break down the door of any house
for the purpose of making an arrest, if he be refused admittance after giving notice of his
authority and purpose. (Art. 15.25)

(10.1) Probable Cause A reasonable grounds to suspect that a person has committed or is
committing a crime or that a place contains specific items connected with a crime.

(10.1) Detention defined as the act or fact of holding a person in custody, confinement, or
compulsory delay.

(10.1) Temporary Detention means holding a person for a limited time, but who, as yet, is not
answerable to a criminal offense.

(7.1) In “Brown v. Texas” The US Supreme Court ruled that a person “cannot be required to
identify himself”, even when a stop is lawful. You may orally command the person to remain for
a reasonable length of time that can be satisfactorily accounted for, while actively involved in
the investigation at hand. You may take the person with you to check out a possible crime
scene. In this case the police arrested a man for refusing to identify himself under Texas Law.
The police had no reasonable suspicion or probable cause to believe the person had committed
a crime. The only thing that they had was that he was in an alley in a high drug crime area.
With no more than this, the person has a right to refuse to answer questions or identify himself
to police.

(7.1) In Terry v. Ohio the US Supreme Court indicated that law enforcement officers could “stop
and frisk” a person under certain circumstances for “officer safety purposes” even though there
was not probable cause to arrest the person “frisked”

(7.1) The purpose of a “pat down frisk” under Terry v Ohio case is to discover weapons

(7.1) In Chimel v. California, the US Supreme Court said that officers could search a suspect and
the area within their immediate control if the person had been lawfully arrested. (Wingspan
rule) (Note: the Chimel ruling has somewhat been modified when it comes to arrest of a
suspect in a vehicle. See Arizona v. Gant)

(7.1) Arizona v. Gant Police are authorized to search the passenger compartment of a vehicle
incident to arrest of an occupant or recent occupant only when arrestee is unsecured and within
reaching distance of the passenger compartment at the time of the search. Additionally, officers
may search the passenger compartment following the arrest of a recent occupant when it is
reasonable to believe that evidence relevant to the crime of arrest mighty be found in the
vehicle.

(7.1) RIGHTS OF OFFICER. In each case enumerated where arrests may be lawfully made
without warrant, the officer or person making the arrest is justified in adopting all the measures
which he might adopt in cases of arrest under warrant, except that an officer making an arrest
without a warrant may not enter a residence to make the arrest unless:
(1) a person who resides in the residence consents to the entry; or
(2) exigent circumstances require that the officer making the arrest enter the residence without
the consent of a resident or without a warrant. (CCP Art. 14.05)

(7.1) In most cases automobile searches are an exception to the rule requiring a search warrant.
In Carroll v. US the US Supreme Court allowed searches of vehicles without a warrant provided
the police had “probable cause”. Created the so called “Carroll Doctrine”.

(7.1) United States v. Ross The court also said that in cases in which there was probable cause
to search a vehicle “a search is not unreasonable if based on facts that would justify the issuance
of a warrant, even though a warrant has not been actually obtained”.

Curtilage is generally considered to be that area of open space surrounding a swelling which is
so immediately adjacent to the dwelling that it is considered part of the house.

(10.8) Readily observable things an officer sees in a place the officer has a legal right to be that
are not the product of a search and are not subject to exclusion from evidence defines, “The
Plain View Doctrine”

The “Exclusionary Rule” is a rule of evidence developed by the United States Supreme Court
that states that evidence is not admissible against an accused person if an officer’s search
violates the Fourth Amendment of the Constitution.

“Fruits of the Poisonous Tree” the poisonous tree doctrine is the notion that evidence obtained
after illegal government action will be excluded from evidence. This pertains not only to
physical or tangible materials generally subject to the “Exclusionary Rule”, but also intangibles
such as subsequent confessions, admissions, identifications, and testimony obtained as a result
of the initial unlawful activity.

“Wong v. US” is “colorfully” known as the “Fruit of the Poisonous Tree” case.

(8.2) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech.
(PC 1.07)

(8.2) "Bodily injury" means physical pain, illness, or any impairment of physical condition. (PC
1.07)

(8.2) "Deadly weapon" means:
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting
death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious
bodily injury. (1.07)

(8.2) "Felony" means an offense so designated by law or punishable by death or confinement in
a penitentiary. (1.07)

(8.2) "Misdemeanor" means an offense so designated by law or punishable by fine, by
confinement in jail, or by both fine and confinement in jail. (1.07)

(8.6) PROOF BEYOND A REASONABLE DOUBT. All persons are presumed to be innocent and no
person may be convicted of an offense unless each element of the offense is proved beyond a
reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise
charged with, the offense gives rise to no inference of guilt at his trial. (Sec. 2.01)

(8.3) EXCEPTION. (a) An exception to an offense in this code is so labeled by the phrase: "It is
an exception to the application of . . . ."
(b) The prosecuting attorney must negate the existence of an exception in the accusation
charging commission of the offense and prove beyond a reasonable doubt that the defendant or
defendant's conduct does not fall within the exception. (Sec. 2.02)

(8.8) "criminal episode" means the commission of two or more offenses, regardless of whether
the harm is directed toward or inflicted upon more than one person or item of property, under
the following circumstances:
(1) the offenses are committed pursuant to the same transaction or pursuant to two or more
transactions that are connected or constitute a common scheme or plan; or
(2) the offenses are the repeated commission of the same or similar offenses. (3.01)

(8.4) The Elements of an offense include the “Criminal Act” (actus reas) and “the required
culpability or intent (mens reas).

(8.4) Culpable mental states are classified according to relative degrees, from highest to lowest,
as follows:
(1) intentional;
(2) knowing;
(3) reckless;
(4) criminal negligence. (6.02)

(8.4) DEFINITIONS OF CULPABLE MENTAL STATES.
(a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a
result of his conduct when it is his conscious objective or desire to engage in the conduct or
cause the result.
(b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to
circumstances surrounding his conduct when he is aware of the nature of his conduct or that
the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of
his conduct when he is aware that his conduct is reasonably certain to cause the result.
(c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his
conduct or the result of his conduct when he is aware of but consciously disregards a
substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk
must be of such a nature and degree that its disregard constitutes a gross deviation from the
standard of care that an ordinary person would exercise under all the circumstances as viewed
from the actor's standpoint.
(d) A person acts with criminal negligence, or is criminally negligent, with respect to
circumstances surrounding his conduct or the result of his conduct when he ought to be aware
of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The
risk must be of such a nature and degree that the failure to perceive it constitutes a gross
deviation from the standard of care that an ordinary person would exercise under all the
circumstances as viewed from the actor's standpoint. (Sec. 6.03)

(8.4) PARTIES TO OFFENSES.
(a) A person is criminally responsible as a party to an offense if the offense is committed by his
own conduct, by the conduct of another for which he is criminally responsible, or by both.
(b) Each party to an offense may be charged with commission of the offense.
(c) All traditional distinctions between accomplices and principals are abolished by this section,
and each party to an offense may be charged and convicted without alleging that he acted as a
principal or accomplice. (Sec. 7.01)

(8.2) CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER.
(a) A person is criminally responsible for an offense committed by the conduct of another if:
(1) acting with the kind of culpability required for the offense, he causes or aids an innocent or
non-responsible person to engage in conduct prohibited by the definition of the offense;
(2) acting with intent to promote or assist the commission of the offense, he solicits,
encourages, directs, aids, or attempts to aid the other person to commit the offense; or
(3) having a legal duty to prevent commission of the offense and acting with intent to promote
or assist its commission, he fails to make a reasonable effort to prevent commission of the
offense.
(b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is
committed by one of the conspirators, all conspirators are guilty of the felony actually
committed, though having no intent to commit it, if the offense was committed in furtherance
of the unlawful purpose and was one that should have been anticipated as a result of the
carrying out of the conspiracy. (Sec. 7.02)

(8.5) INSANITY. (a) It is an affirmative defense to prosecution that, at the time of the conduct
charged, the actor, as a result of severe mental disease or defect, did not know that his conduct
was wrong. (Sec. 8.01)

(8.5) INTOXICATION. (a) Voluntary intoxication does not constitute a defense to the commission
of crime. (Sec. 8.04)

(8.5) “Intoxication" means disturbance of mental or physical capacity resulting from the
introduction of any substance into the body. (8.04)

(8.5) MISTAKE OF FACT.
(a) It is a defense to prosecution that the actor through mistake formed a reasonable belief
about a matter of fact if his mistaken belief negated the kind of culpability required for
commission of the offense.
(b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may
nevertheless be convicted of any lesser included offense of which he would be guilty if the fact
were as he believed. (Sec. 8.02)

(8.5) MISTAKE OF LAW. (a) It is no defense to prosecution that the actor was ignorant of the
provisions of any law after the law has taken effect. (Sec. 8.03)

(8.5) DURESS. (a) It is an affirmative defense to prosecution that the actor engaged in the
proscribed conduct because he was compelled to do so by threat of imminent death or serious
bodily injury to himself or another. (Sec. 8.05)

(8.5) ENTRAPMENT. (a) It is a defense to prosecution that the actor engaged in the conduct
charged because he was induced to do so by a law enforcement agent using persuasion or other
means likely to cause persons to commit the offense. Conduct merely affording a person an
opportunity to commit an offense does not constitute entrapment. (Sec. 8.06)

(8.9) Murder A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life
that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and
in furtherance of the commission or attempt, or in immediate flight from the commission or
attempt, he commits or attempts to commit an act clearly dangerous to human life that causes
the death of an individual. (19.02)

(8.9) CAPITAL MURDER.
(a) A person commits an offense if the person commits murder as defined under Section
19.02(b)(1) and: (1) the person murders a peace officer or fireman who is acting in the lawful
discharge of an official duty and who the person knows is a peace officer or fireman (2) the
person intentionally commits the murder in the course of committing or attempting to commit
kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or
terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6); (3) the person commits the
murder for remuneration or the promise of remuneration or employs another to commit the
murder for remuneration or the promise of remuneration; (4) the person commits the murder
while escaping or attempting to escape from a penal institution; (5) the person, while
incarcerated in a penal institution, murders another: (A) who is employed in the operation of
the penal institution; or (B) with the intent to establish, maintain, or participate in a
combination or in the profits of a combination; (6) the person (A) while incarcerated for an
offense under this section or Section 19.02, murders another; or (B) while serving a sentence of
life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03,
murders another; (7) the person murders more than one person: (A) during the same criminal
transaction; or (B) during different criminal transactions but the murders are committed
pursuant to the same scheme or course of conduct; (8) the person murders an individual under
10 years of age; (9) the person murders an individual 10 years of age or older but younger than
15 years of age; or (10) the person murders another person in retaliation for or on account of
the service or status of the other person as a judge or justice of the supreme court, the court of
criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional
county court, a statutory county court, a justice court, or a municipal court. (Sec. 19.03)

(8.9) MANSLAUGHTER. (a) A person commits an offense if he recklessly causes the death of an
individual. (b) An offense under this section is a felony of the second degree. (Sec. 19.04)

(8.10) KIDNAPPING. (a) A person commits an offense if he intentionally or knowingly abducts
another person. (Sec. 20.03)

(8.10) "Abduct" means to restrain a person with intent to prevent his liberation by:
(A) secreting or holding him in a place where he is not likely to be found; or
(B) using or threatening to use deadly force. (20.01)

(8.10) AGGRAVATED KIDNAPPING. (a) A person commits an offense if he intentionally or
knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a
felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
(b) A person commits an offense if the person intentionally or knowingly abducts another
person and uses or exhibits a deadly weapon during the commission of the offense.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first
degree. (Sec. 20.04)

(8.10) UNLAWFUL RESTRAINT. A man restrains his wife against her consent. He can be charged
with “Unlawful Restraint” (a) A person commits an offense if he intentionally or knowingly
restrains another person. (Sec. 20.02)

(8.12) PUBLIC LEWDNESS. (Two to Lewd)
(a) A person commits an offense if the person knowingly engages in any of the following acts in
a public place or, if not in a public place, the person is reckless about whether another is present
who will be offended or alarmed by the person's:
(1) act of sexual intercourse;
(2) act of deviate sexual intercourse; or
(3) act of sexual contact.
(b) An offense under this section is a Class A misdemeanor. (Sec. 21.07)

(8.12) INDECENT EXPOSURE. (a) A person commits an offense if he exposes his anus or any
part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is
reckless about whether another is present who will be offended or alarmed by his act.
(b) An offense under this section is a Class B misdemeanor. (Sec. 21.08)

(8.12) INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than
17 years of age, whether the child is of the same or opposite sex and regardless of whether the
person knows the age of the child at the time of the offense, the person: (1) engages in sexual
contact with the child or causes the child to engage in sexual contact; or (2) with intent to
arouse or gratify the sexual desire of any person: (A) exposes the person's anus or any part of
the person's genitals, knowing the child is present; or (B) causes the child to expose the child's
anus or any part of the child's genitals. (Sec. 21.11)

(8.5) LEAVING A CHILD IN A VEHICLE. (a) A person commits an offense if he intentionally or
knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child
is:
(1) younger than seven years of age; and
(2) not attended by an individual in the vehicle who is 14 years of age or older.
(b) An offense under this section is a Class C misdemeanor.
A woman goes into a store and leaves her three year old child in the car for over 10 minutes
with his 10 year old sister. She may be charged with “Leaving a child in a vehicle”. (Sec. 22.10)

(8.5) A father leaves his four year old daughter in his auto with his fifteen year old son while he
buys groceries. He does not return this vehicle for over 15 minutes. There is no offense since
the child was left in the vehicle with someone 14 years of age or older. (22.10)

(8.13) ASSAULT. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's
spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the
person's spouse; or
(3) intentionally or knowingly causes physical contact with another when the person knows or
should reasonably believe that the other will regard the contact as offensive or provocative.
(Sec. 22.01)

(8.13) AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault
as defined in Sec. 22.01 and the person:
(1) causes serious bodily injury to another, including the person's spouse; or
(2) uses or exhibits a deadly weapon during the commission of the assault. (Sec. 22.02)

(8.13) SEXUAL ASSAULT. (a) A person commits an offense if:
(1) the person intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of another person by any means,
without that person's consent;
(B) causes the penetration of the mouth of another person by the sexual organ of the actor,
without that person's consent; or
(C) causes the sexual organ of another person, without that person's consent, to contact or
penetrate the mouth, anus, or sexual organ of another person, including the actor; (Sec. 22.011)
A 25 year old man has sexual intercourse with a 16 year old girl with her consent. The man may
be charged with “sexual assault”.

(8.14) INTERFERENCE WITH CHILD CUSTODY. (a) A person commits an offense if the person
takes or retains a child younger than 18 years of age: (1) when the person knows that the
person's taking or retention violates the express terms of a judgment or order, including a
temporary order, of a court disposing of the child's custody (Sec. 25.03)

(8.14) ENTICING A CHILD. (a) A person commits an offense if, with the intent to interfere with
the lawful custody of a child younger than 18 years, he knowingly entices, persuades, or takes
the child from the custody of the parent or guardian or person standing in the stead of the
parent or guardian of such child. (Sec. 25.04) If it sounds like interference with Child Custody,
it’s Enticing a Child.

(8.14) A peace officer investigating conduct that may constitute an offense under this section
(Violation of Protective Order or Magistrate’s Order) for violation of that order may not arrest a
person protected by that order for a violation of that order (25.07)

(8.15) ARSON. (a) A person commits an offense if the person starts a fire, regardless of whether
the fire continues after ignition, or causes an explosion with intent to destroy or damage:
(1) any vegetation, fence, or structure on open-space land; or
(2) any building, habitation, or vehicle:
(A) knowing that it is within the limits of an incorporated city or town;
(B) knowing that it is insured against damage or destruction;
(C) knowing that it is subject to a mortgage or other security interest;
(D) knowing that it is located on property belonging to another;
(E) knowing that it has located within it property belonging to another; or
(F) when the person is reckless about whether the burning or explosion will endanger the life of
some individual or the safety of the property of another. (Sec. 28.02)

(8.15) (a-1) A person commits Arson if the person recklessly starts a fire or causes an explosion
while manufacturing or attempting to manufacture a controlled substance and the fire or
explosion damages any building, habitation, or vehicle. (28.02)

(8.15) CRIMINAL MISCHIEF. (a) A person commits an offense if, without the effective consent
of the owner:
(1) he intentionally or knowingly damages or destroys the tangible property of the owner;
(2) he intentionally or knowingly tampers with the tangible property of the owner and causes
pecuniary loss or substantial inconvenience to the owner or a third person; or
(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or
paintings, on the tangible property of the owner. (Sec. 28.03)

(8.15) Two men jointly own a boat. One man destroys what he says was “my half of the boat.”
The man can be charged with “Criminal Mischief”. (Sec. 28.03)

(8.15) GRAFFITI. (a) A person commits an offense if, without the effective consent of the
owner, the person intentionally or knowingly makes markings, including inscriptions, slogans,
drawings, or paintings, on the tangible property of the owner with:
(1) paint;
(2) an indelible marker; or
(3) an etching or engraving device. (Sec. 28.08)

(8.16) ROBBERY. (a) A person commits an offense if, in the course of committing theft as
defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes bodily injury to another; or
(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or
death.
(b) An offense under this section is a felony of the second degree. (Sec. 29.02)

(8.16) A 66, year old man is walking down the sidewalk when a thief knocks him down and steals
his watch that is worth $500.00. The man sustains minor injuries as a result of this incident.
“Aggravated Robbery” has occurred. (Sec. 29.02)

(8.17) BURGLARY. (a) A person commits an offense if, without the effective consent of the
owner, the person:
(1) enters a habitation, or a building (or any portion of a building) not then open to the public,
with intent to commit a felony, theft, or an assault; or
(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or
habitation; or
(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an
assault.
(b) For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body. (Sec. 30.02)

(8.17) A pickup is parked in front of a residence. A person steals property that is lying in the
pickup-bed. The person can be charged with “Burglary of a Vehicle” (Sec. 30.04)

(8.17) A person enters a garage attached to a house and steals property from a vehicle. The
more serious charge would be “burglary” (Sec. 30.02; 30.04)

(8.17) A person commits “Theft” if he unlawfully appropriates property with intent to deprive
the owner of the property (31.03)

(8.17) The major difference between “Theft” and “Robbery” is the force used. (31.03 and
29.02)

(8.18) A person rents a lawn mower from a rental agency for a period of 30 days. Forty-five days
later the subject has still not returned the lawn mower as agreed in the contract. “Theft of
Service” has occurred provided the rental agency has completed required procedures. (31.04)

(8.18) UNAUTHORIZED USE OF A VEHICLE. (a) A person commits an offense if he intentionally
or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective
consent of the owner.
(b) An offense under this section is a state jail felony. (Sec. 31.07)

(8.19) A person would commit the crime of “Credit Card or Debit Card Abuse” if not being the
cardholder, and without the effective consent of the cardholder, he possesses a credit card or
debit card with intent to use (32.31)

(8.19) FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT OF WRITING. (a) A person
commits an offense if, with intent to defraud or harm another, he destroys, removes, conceals,
alters, substitutes, or otherwise impairs the verity, legibility, or availability of a writing, other
than a governmental record. (Sec. 32.47)

(8.23) OBSTRUCTION OR RETALIATION. (a) A person commits an offense if the person
intentionally or knowingly harms or threatens to harm another by an unlawful act:
(1) in retaliation for or on account of the service or status of another as a:
(A) public servant, witness, prospective witness, or informant (Sec. 36.06)

(8.23) A person who pays a witness to go to Miami on the day the witness was legally
summoned to court proceedings in Austin with the intention of keeping the witness from
testifying may be charged with “Tampering with Witness” (36.05)

(8.24) (1) "Court record" means a decree, judgment, order, subpoena, warrant, minutes, or
other document issued by a court of:
(A) this state;
(B) another state;
(C) the United States;
(D) a foreign country recognized by an act of congress or a treaty or other international
convention to which the United States is a party;
(E) an Indian tribe recognized by the United States; or
(F) any other jurisdiction, territory, or protectorate entitled to full faith and credit in this state
under the United States Constitution. (Sec. 37.01)

(8.24) "Governmental record" means a license, certificate, permit, seal, title, letter of patent, or
similar document issued by government, by another state, or by the United States (37.01)

(8.24) PERJURY. (a) A person commits an offense if, with intent to deceive and with knowledge
of the statement's meaning:
(1) he makes a false statement under oath or swears to the truth of a false statement previously
made and the statement is required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code
(Sec. 37.02)

(8.24) AGGRAVATED PERJURY. (a) A person commits an offense if he commits perjury as
defined in Section 37.02, and the false statement:
(1) is made during or in connection with an official proceeding; and
(2) is material.
(b) An offense under this section is a felony of the third degree. (Sec. 37.03)

(8.25) FAILURE TO REPORT FELONY. (a) A person commits an offense if the person:
(1) observes the commission of a felony under circumstances in which a reasonable person
would believe that an offense had been committed in which serious bodily injury or death may
have resulted; and
(2) fails to immediately report the commission of the offense to a peace officer or law
enforcement agency under circumstances in which:
(A) a reasonable person would believe that the commission of the offense had not been
reported; and
(B) the person could immediately report the commission of the offense without placing himself
or herself in danger of suffering serious bodily injury or death. (Sec. 38.171)

(8.25) ESCAPE. (a) A person commits an offense if the person escapes from custody when the
person is:
(1) under arrest for, lawfully detained for, charged with, or convicted of an offense;
(2) in custody pursuant to a lawful order of a court;
(3) detained in a secure detention facility, as that term is defined by Section 51.02, Family Code;
or
(4) in the custody of a juvenile probation officer for violating an order imposed by the juvenile
court under Section 52.01, Family Code. (Sec. 38.06)

(8.25) UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS FACILITY, COUNTY
CORRECTIONAL CENTER, OR ASSIGNMENT SITE. (a) A person commits an offense if the person:
(1) is sentenced to or is required as a condition of community supervision or correctional
programming to submit to a period of detention or treatment in a community corrections
facility or county correctional center;
(2) fails to report to or leaves the facility, the center, or a community service assignment site as
directed by the court, community supervision and corrections department supervising the
person, or director of the facility or center in which the person is detained or treated, as
appropriate; and
(3) in failing to report or leaving acts without the approval of the court, the community
supervision and corrections department supervising the person, or the director of the facility or
center in which the person is detained or treated.
(b) An offense under this section is a state jail felony. (Sec. 38.113)

(8.25) INTERFERENCE WITH PUBLIC DUTIES. (a) A person commits an offense if the person with
criminal negligence interrupts, disrupts, impedes, or otherwise interferes with:
(1) a peace officer while the peace officer is performing a duty or exercising authority imposed
or granted by law;
(2) a person who is employed to provide emergency medical services including the
transportation of ill or injured persons while the person is performing that duty; (Sec. 38.15)

(8.25) HINDERING PROCEEDINGS BY DISORDERLY CONDUCT.
(a) A person commits an offense if he intentionally hinders an official proceeding by noise or
violent or tumultuous behavior or disturbance.
(b) A person commits an offense if he recklessly hinders an official proceeding by noise or
violent or tumultuous behavior or disturbance and continues after explicit official request to
desist. (Sec. 38.13)

(8.25) PREVENTING EXECUTION OF CIVIL PROCESS. (a) A person commits an offense if he
intentionally or knowingly by words or physical action prevents the execution of any process in a
civil cause. (Sec. 38.16)

(8.26) OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or
employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure,
dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege,
power, or immunity, knowing his conduct is unlawful; or
(3) intentionally subjects another to sexual harassment. (Sec. 39.03)

(8.27) RIOT. (a) For the purpose of this section, "riot" means the assemblage of seven or more
persons resulting in conduct which:
(1) creates an immediate danger of damage to property or injury to persons;
(2) substantially obstructs law enforcement or other governmental functions or services; or
(3) by force, threat of force, or physical action deprives any person of a legal right or disturbs
any person in the enjoyment of a legal right. (Sec. 42.02)

(8.27) A person commits an offense if he knowingly participates in a riot. (42.02)

(8.27) OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY. (a) A person commits an offense if,
without legal privilege or authority, he intentionally, knowingly, or recklessly:
(1) obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance,
or exit to which the public or a substantial group of the public has access, or any other place
used for the passage of persons, vehicles, or conveyances, regardless of the means of creating
the obstruction and whether the obstruction arises from his acts alone or from his acts and the
acts of others; or
(2) disobeys a reasonable request or order to move issued by a person the actor knows to be or
is informed is a peace officer, a fireman, or a person with authority to control the use of the
premises:
If a homeless person is blocking the front of a store entrance and refuses to leave when asked to
do so by the store owner “obstructing of passageway” has occurred (Sec. 42.03)

(8.28) PROSTITUTION. (a) A person commits an offense if the person knowingly offers or agrees
to receive a fee from another to engage in sexual conduct. (Sec. 43.02) (The Ho)

(8.28) PROMOTION OF PROSTITUTION. (a) A person commits an offense if, acting other than
as a prostitute receiving compensation for personally rendered prostitution services, he or she
knowingly:
(1) receives money or other property pursuant to an agreement to participate in the proceeds
of prostitution; or
(2) solicits another to engage in sexual conduct with another person for compensation. (1) a
felony of the second degree if the actor has been previously convicted of an offense under this
section; (Sec. 43.03) The Pimp

(8.28) AGGRAVATED PROMOTION OF PROSTITUTION. (a) A person commits an offense if he
knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise
that uses two or more prostitutes.
(b) An offense under this section is a felony of the first degree. (Sec. 43.04) (Sex House)

(8.28) COMPELLING PROSTITUTION. (a) A person commits an offense if the person knowingly:
(1) causes another by force, threat, coercion, or fraud to commit prostitution; or
(2) causes by any means a child younger than 18 years to commit prostitution, regardless of
whether the actor knows the age of the child at the time of the offense. (Sec. 43.05)

(8.30) (10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a
shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle
if, as altered, it has an overall length of less than 26 inches. (46.01)

(8.30) UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person: (1)
intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) at the
time of the offense:
(A) is younger than 21 years of age; not in a holster.
A person commits an offense if the person carries a handgun and intentionally displays the
handgun in plain view of another person in a public place. It is an exception to the application
of this subsection that the handgun was partially or wholly visible but was carried in a holster.
(Sec. 46.02)

(8.30) "Location-restricted knife" means a knife with a blade over five and one-half inches.
(46.01)

(8.30) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily
injury or death by cutting or stabbing a person with the instrument. (46.02)

(8.31) GAMBLING PROMOTION. (a) A person commits an offense if he intentionally or
knowingly does any of the following acts:
(1) operates or participates in the earnings of a gambling place; (Sec. 47.03)

(8.32) SMOKING TOBACCO. A person commits an offense if the person is in possession of a
burning tobacco product, smokes tobacco, or operates an e-cigarette in a facility of a public
primary or secondary school or an elevator, enclosed theater or movie house, library, museum,
hospital, transit system bus, intrastate bus, plane, or train which is a public place.
An offense under this section is punishable as a Class C misdemeanor. (Sec. 48.01)

(8.33) DEFINITIONS. In this chapter:
(1) "Alcohol concentration" means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine. (Sec. 49.01)

(8.33) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of
alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of
those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more. (49.01)

(8.33) POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. (a) In this section:
(1) "Open container" means a bottle, can, or other receptacle that contains any amount of
alcoholic beverage and that is open, that has been opened, that has a broken seal, or the
contents of which are partially removed. (Sec. 49.031)

(8.33) PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a
public place while intoxicated to the degree that the person may endanger the person or
another. Class C misdemeanor (Sec. 49.02)

(8.33) POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. (a) In this section:
(1) "Open container" means a bottle, can, or other receptacle that contains any amount of
alcoholic beverage and that is open, that has been opened, that has a broken seal, or the
contents of which are partially removed.
(2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the
seating of the operator and passengers of the vehicle. The term does not include:
(A) a glove compartment or similar storage container that is locked;
(B) the trunk of a vehicle; or
(C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.
(Sec. 49.031)

(8.33) ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED. (a) A person
commits an offense if the person is intoxicated while operating an amusement ride or while
assembling a mobile amusement ride. Class B Minimum Confinement 72 hours (Sec. 49.065)

(8.33) INTOXICATION MANSLAUGHTER. (a) A person commits an offense if the person:
(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an
amusement ride, or assembles a mobile amusement ride; and
(2) is intoxicated and by reason of that intoxication causes the death of another by accident or
mistake. F2 (Sec. 49.08)

(8.34). "Combination" means three or more persons who collaborate in carrying on criminal
activities (Sec. 71.01)

(8.34) "Criminal street gang" means three or more persons having a common identifying sign or
symbol or an identifiable leadership who continuously or regularly associate in the commission
of criminal activities. (Sec. 71.01)
Asset Forfeiture
Proceeds Definitions – What are proceeds?
 CCP Article 59.01(7) "Proceeds" includes income a person accused or convicted of a crime
or the person's representative or assignee receives from: (A) a movie, book, magazine
article, tape recording, phonographic record, radio or television presentation, telephone
service, electronic media format, including an Internet website, or live entertainment in
which the crime was reenacted; or (B) the sale of tangible property the value of which is
increased by the notoriety gained from the conviction of an offense by the person accused
or convicted of the crime.
11.6.
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11.7.
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12.1.
Explain where the proceeds from seizures go and what the proceeds cannot be used
for.
Governed by State Law and Inter-local Agreements
Must be spent on a “law enforcement purpose”
o Example: made for an activity of a law enforcement agency that relates to the
criminal and civil enforcement of the laws of the state (CCP 59.06 (d-2) and (d-3)
“Official purpose of an attorney’s office”
o Example: Relates to the preservation, enforcement, or administration of the laws
of the state
Includes:
o Equipment
o Supplies
o Investigative and training-related travel expenses
o Crime prevention and treatment programs
o Facility costs
o Witness-related costs
o Audit costs (related to forfeitures)
o Legal fees
o State Bar and legal association dues
Identify post seizure procedures.
Peace Officer who seizes has custody
Must provide attorney representing state a sworn statement containing:
o Schedule of property seized
o Acknowledgment that officer seized property
o And list of reasons supporting seizure
No later than 72 hours after seizure must:
o Place property under seal
o Remove property to a place ordered by court; or
o Require law enforcement agency to take custody of the property and move it to
a proper location.
Currency
o Deposit in interest bearing account in jurisdiction of prosecuting attorney
Identify how identity crime is commonly perpetrated.
 Identity crimes can occur if someone steals your wallet, purse, or briefcase, etc.,
containing your identification, Social Security card, credit cards, bankcards, or
checkbook.
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Identity crimes can occur if someone steals your mail, especially your bank and credit
card statements, pre-approved credit offers, new checks, and/or tax information.
Identity thieves can complete a “change of address” to divert your mail to another
location.
Identity thieves may rummage through your trash or the trash of businesses to find
personal data (also known as “dumpster diving”).
Identity thieves may fraudulently obtain your credit report by posing as a landlord,
employer, or someone else who may have a legitimate need for (and legal right to) the
information.
Identity thieves can find personal information in your home.
Identity thieves may obtain personal information that you share on the internet.
Identity thieves can get information from the workplace, in a practice known as
“business record theft,” by stealing files out of offices where you are a customer,
employee, patient, or student, by bribing an employee who has access to your files, or
by “hacking” into electronic files.
Some identity thieves also engage in “shoulder surfing”: looking over your shoulder or
from a nearby location as you enter your personal identification number (PIN) at an
automated teller machine (ATM). This practice has gone high-tech, with some thieves
utilizing hidden “spy cameras” positioned near ATMs to observe or record people as
they enter their PINs.
Many criminals who want to obtain personal data from people online use a technique
known as “spoofing”: the creation of emails and websites that appear to belong to
legitimate businesses such as established retail companies, financial institutions, and
online auctions sites. Consumers receive emails from thieves claiming to be the
legitimate businesses and are directed/linked to websites that appear to be run by
those businesses. The consumers are then directed to enter large amounts of personal
data. The thieves sending the emails or running the websites actually have no
connection with those businesses, and their sole purpose is to obtain the consumers’
personal data so that they can engage in various fraud schemes.
Security Alert Definition
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12.2.
Security alert means a notice is placed on a consumer file that alerts a recipient of a consumer
report involving that consumer file that the consumer’s identity may have been used without the
consumer’s consent to fraudulently obtain goods or services in the consumer’s name
Security Freeze Definition
Security freeze means a notice placed on a consumer file that prohibits a consumer
reporting agency from releasing a consumer report relating to the extension of credit
involving that consumer file without the express authorization of the consumer.
Identify the governmental and business entities that are notified in identity crimes.

Federal Bureau of Investigation (FBI). Notify if an identity crime is used to commit a
bank fraud, governmental fraud or in furtherance of an investment scheme, insurance
fraud, etc. involving losses over $100,000.
 U. S. Secret Service (USSS). Notify if there is any custody arrest of individuals
associated with identity crime or identity takeover. This would involve the seizure or
recovery of any amount of identity crime devices/equipment/products such as
skimmers (small electronic devices that can gather information, such as your name,
address, credit limit, and PIN from your credit card); counterfeit identification
documents; counterfeit credit cards; or lists of personal identifiers (e.g., names, Social
Security numbers, dates of birth, bank account numbers, and credit card numbers).
 U. S. Postal Service (USPS). Notify if an individual is taken into custody for committing
a financial crime involving the U.S. mail. Postal inspectors will respond to violations
relating to identity crime, forgery, credit cards and checks, mail theft, mail fraud, and
internet fraud (when the scheme involves use of the U.S. mail).
 Social Security Administration (SSA). Notify if the misuse of a Social Security number
involved Social Security program fraud, or if there is either a significant financial loss
to an individual or institution, or a significant number of counterfeit Social Security
cards are seized.
 Federal Trade Commission (FTC). Have identity crime victims file a report with the
Federal Trade Commission. The FTC has overhauled the process for helping victims of
identity theft. Individuals can go to https://www.identitytheft.gov/ to report identity
theft and get a recovery plan. This plan includes the forms, affidavits, and letters
needed to help guide individuals through the recovery process.
 Texas Department of Public Safety (TxDPS). This agency is responsible for the
issuance of State driver’s licenses and identification cards. It is also responsible for the
storage and expunction of criminal records. Contact the Texas Department of Public
Safety at (512) 424-2000 and online as www.txdps.state.tx.us/contact.htm.
Note: Other state and local agencies may provide additional assistance with investigating
identity crimes.
 Consumer Credit Reporting Agencies. Tell victims to have a “fraud alert” placed on
their credit reports. The fraud alert will show up on their credit report when
companies make inquiries about their credit and may stop additional fraud.
 The three major credit-reporting agencies are:
o Experian
1-888-397-3742 www.experian.com
o Trans
Union
1-800-680-7289 www.transunion.com
o Equifax
1-800-525-6285 www.equifax.com
 Financial Institutions (e.g., banks, credit card companies, and financial advisors).
Advise victims to contact their financial institutions to report any suspicions of identity
crime. The financial institution can check to see if there has been any unusual activity.
Victims should establish strong passwords for their accounts.

Utility Companies (e.g., power, water, phone, and cable companies, etc.). Victims may
want to contact their utility companies to report instances of possible identity crime.
Utility companies can check for any unusual account activity.
Consular Notifications
Basic Rule – (VCCR Article 36):
 A foreign detainee must be informed of his right to have his consulate notified
 Arrestees decision should be documented
 Applies to all foreign detainees, whether in the country illegally or not
Mandatory Rule:
 Certain consulates MUST be notified regardless of the wishes of the detainee
13.1. Identify the steps to be taken when a foreign national is arrested.
Steps in the arrest of a foreign national:
 Ask the detainee if (s)he is a U.S. citizen
 Check the list of mandatory notification countries - if mandatory notification is required,
do so without delay (most bilateral treaties allow a maximum of 72 hours to make
notification).
 If not on the list of mandatory notification, ask if they wish for their consulate to be
notified of their arrest or detention
 Keep a written record of the arrestees’/detainees response
 Document your notification (date, time, method of notification, and the person notified)

(22.1) "Farm tractor" means a motor vehicle designed and used primarily as a farm implement
to draw an implement of husbandry, including a plow or a mowing machine. (TC 541.201)

(22.1) "Special mobile equipment" means a vehicle that is not designed or used primarily to
transport persons or property and that is only incidentally operated on a highway. The term:(A)
includes ditch digging apparatus, well boring apparatus, and road construction and maintenance
machinery, including an asphalt spreader, bituminous mixer, bucket loader, tractor other than a
truck tractor, ditcher, levelling grader, finishing machine, motor grader, road roller, scarificer ,
earth-moving carryall and scraper, power shovel or dragline, or self-propelled crane and earth-
moving equipment; (TC 541.201)

(22.1) "Moped" means a motor vehicle that is equipped with a rider's saddle and designed to
have when propelled not more than three wheels on the ground, that cannot attain a speed in
one mile of more than 30 miles per hour, and the engine of which:
(A) cannot produce more than five-brake horsepower; and
(B) if an internal combustion engine, has a piston displacement of 50 cubic centimeters or less
and connects to a power drive system that does not require the operator to shift gears. (TC
541.201)

(22.1) Motor Vehicle means a self-propelled vehicle or a vehicle that is propelled by electric
power from overhead trolley wires. The term does not include an electric bicycle or an electric
personal assistive mobility device, as defined by Section 551.201 (541.201)

(22.1) "Truck" means a motor vehicle designed, used, or maintained primarily to transport
property. (541.201)
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(22.1) "Motor carrier" means an individual, association, corporation, or other legal entity that
controls, operates, or directs the operation of one or more vehicles that transport persons or
cargo over a road or highway in this state. (TC 643.001)

(22.2) "traffic" means pedestrians, ridden or herded animals, and conveyances, including
vehicles and streetcars, singly or together while using a highway for the purposes of travel.
(541.301) NOT ACCIDENTS

(22.3) "Freeway" means a divided, controlled-access highway for through traffic (541.302)

(22.3) "Highway or street" means the width between the boundary lines of a publicly
maintained way any part of which is open to the public for vehicular travel. (541.302)

(22.3) "Roadway" means the portion of a highway, other than the berm or shoulder, that is
improved, designed, or ordinarily used for vehicular travel. If a highway includes at least two
separate roadways, the term applies to each roadway separately. (541.302)

(22.3) "Shoulder" means the portion of a highway that is:
(A) adjacent to the roadway;
(B) designed or ordinarily used for parking;
(C) distinguished from the roadway by different design, construction, or marking; and
(D) not intended for normal vehicular travel. (541.302)

(22.4) "Nighttime" means the period beginning one-half hour after sunset and ending one-half
hour before sunrise. (541.401)
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(22.4) "Daytime" means the period beginning one-half hour before sunrise and ending one-half
hour after sunset. (541.401)

(22.4) "Personal injury" means an injury to any part of the human body and that requires
treatment. (541.401)
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(22.5) "Dispose" and "dump" mean to discharge, deposit, inject, spill, leak, or place litter on or
into land or water. (HSC 365.011)

(22.5) ILLEGAL DUMPING; DISCARDING LIGHTED MATERIALS; CRIMINAL PENALTIES. (a) A
person commits an offense if the person disposes or allows or permits the disposal of litter or
other solid waste at a place that is not an approved solid waste site, including a place on or
within 300 feet of a public highway, on a right-of-way, on other public or private property, or
into inland or coastal water of the state. (HSC. 365.012)
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(22.5) The penalty for Illegal Dumping An offense under Subsection (a), (b), or (c) is a Class C
misdemeanor if the litter or other solid waste to which the offense applies weighs five pounds
or less or has a volume of five gallons or less.
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(22.7) "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles
used to transport passengers or property that:
(A) has a gross combination weight or a gross combination weight rating of 26,001 or more
pounds, including a towed unit with a gross vehicle weight or a gross vehicle weight rating of
more than 10,000 pounds;
(B) has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds;
(C) is designed to transport 16 or more passengers, including the driver; or
(D) is transporting hazardous materials and is required to be placarded under 49 C.F.R. Part 172,
Subpart F. (522.003)

(22.7) DRIVING WHILE HAVING ALCOHOL IN SYSTEM PROHIBITED. (a) Notwithstanding any
other law of this state, a person may not drive a commercial motor vehicle in this state while
having a measurable or detectable amount of alcohol in the person's system.
(b) A person who violates Subsection (a) or who refuses to submit to an alcohol test under
Section 522.102 shall be placed out of service for 24 hours.
(c) A peace officer may issue an out-of-service order based on probable cause that the person
has violated this section. The order must be on a form approved by the department. The peace
officer shall submit the order to the department. (Sec. 522.101)

(22.9) Sec. 545.051. DRIVING ON RIGHT SIDE OF ROADWAY. (a) An operator on a roadway of
sufficient width shall drive on the right half of the roadway, unless:
(1) the operator is passing another vehicle;
(2) an obstruction necessitates moving the vehicle left of the center of the roadway and the
operator yields the right-of-way to a vehicle that:
(A) is moving in the proper direction on the unobstructed portion of the roadway; and
(B) is an immediate hazard;
(3) the operator is on a roadway divided into three marked lanes for traffic; or
(4) the operator is on a roadway restricted to one-way traffic. (545.051)
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(22.9) An operator of a vehicle on a roadway moving more slowly than the normal speed of
other vehicles at the time and place under the existing conditions shall drive in the right-hand
lane available for vehicles, or as close as practicable to the right-hand curb or edge of the
roadway, unless the operator is:
(1) passing another vehicle; or
(2) preparing for a left turn at an intersection or into a private road or driveway. (545.051)

(22.9) DRIVING TO LEFT OF CENTER OF ROADWAY: LIMITATIONS OTHER THAN PASSING. (a)
An operator may not drive to the left side of the roadway if the operator is:
(1) approaching within 100 feet of an intersection or railroad grade crossing in a municipality;
(2) approaching within 100 feet of an intersection or railroad grade crossing outside a
municipality and the intersection or crossing is shown by a sign or marking in accordance with
Section 545.055;
(3) approaching within 100 feet of a bridge, viaduct, or tunnel (Sec. 545.056)

(22.9) An operator moving around a rotary traffic island shall drive only to the right of the
island. (545.059)
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(22.9) PASSING TO THE LEFT: SAFE DISTANCE. (a) An operator may not drive on the left side of
the center of the roadway in passing another vehicle unless:
(1) driving on the left side of the center of the roadway is authorized by this subtitle; and
(2) the left side is clearly visible and free of approaching traffic for a distance sufficient to
permit passing without interfering with the operation of the passed vehicle or a vehicle
approaching from the opposite direction.
(b) An operator passing another vehicle shall return to an authorized lane of travel:
(1) before coming within 200 feet of an approaching vehicle, if a lane authorized for vehicles
approaching from the opposite direction is used in passing; or otherwise (Sec. 545.054)

(22.9) FOLLOWING DISTANCE. (a) An operator shall, if following another vehicle, maintain an
assured clear distance between the two vehicles so that, considering the speed of the vehicles,
traffic, and the conditions of the highway, the operator can safely stop without colliding with
the preceding vehicle or veering into another vehicle, object, or person on or near the highway.
(Sec. 545.062)
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(22.10) TURNING ON CURVE OR CREST OF GRADE. An operator may not turn the vehicle to
move in the opposite direction when approaching a curve or the crest of a grade if the vehicle is
not visible to the operator of another vehicle approaching from either direction within 500 feet.
(Sec. 545.102)
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(22.10) SIGNALING TURNS; USE OF TURN SIGNALS. (a) An operator shall use the signal
authorized by Section 545.106 to indicate an intention to turn, change lanes, or start from a
parked position.
(b) An operator intending to turn a vehicle right or left shall signal continuously for not less
than the last 100 feet of movement of the vehicle before the turn. (Sec. 545.104)

(22.11) An operator on an unpaved street or roadway approaching an intersection of a paved
street or roadway:
(1) shall stop, yield, and grant immediate use of the intersection to a vehicle on the paved
street or roadway that is within the intersection or approaching the intersection in such
proximity as to be a hazard; (545.151)
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(22.11) EMERGING FROM AN ALLEY, DRIVEWAY, OR BUILDING. An operator emerging from an
alley, driveway, or building in a business or residence district shall:
(1) stop the vehicle before moving on a sidewalk or the sidewalk area extending across an alley
or driveway;
(2) yield the right-of-way to a pedestrian to avoid collision; and
(3) on entering the roadway, yield the right-of-way to an approaching vehicle. (Sec. 545.256)

(22.12) OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN OR OTHER ON-TRACK
EQUIPMENT. (a) An operator approaching a railroad grade crossing shall stop not closer than
15 feet or farther than 50 feet from the nearest rail if:
(1) a clearly visible railroad signal warns of the approach of a railroad train or other on-track
equipment;
(2) a crossing gate is lowered, or a flagger warns of the approach or passage of a train or other
on-track equipment;
(3) a railroad engine or other on-track equipment approaching within approximately 1,500 feet
of the highway crossing emits a signal audible from that distance and the engine or other
equipment is an immediate hazard because of its speed or proximity to the crossing;
(4) an approaching railroad train or other on-track equipment is plainly visible to the operator
and is in hazardous proximity to the crossing; or
(5) the operator is required to stop by:
(A) other law;
(B) a rule adopted under a statute;
(C) an official traffic-control device; or
(D) a traffic-control signal.
(b) An operator of a vehicle required by Subsection (a) to stop shall remain stopped until
permitted to proceed and it is safe to proceed. (Sec. 545.251)

(22.13) ADDITIONAL PARKING REGULATIONS. (a) An operator who stops or parks on a twoway roadway shall do so with the right-hand wheels of the vehicle parallel to and within 18
inches of the right-hand curb or edge of the roadway. (Sec. 545.303)

(22.13) STOPPING, STANDING, OR PARKING PROHIBITED IN CERTAIN PLACES. An operator may
not, except momentarily to pick up or discharge a passenger, stand or park an occupied or
unoccupied vehicle:
(1) in front of a public or private driveway;
(2) within 15 feet of a fire hydrant;
(3) within 20 feet of a crosswalk at an intersection;
(4) within 30 feet on the approach to a flashing signal, stop sign, yield sign, or traffic-control
signal located at the side of a roadway;
(5) within 20 feet of the driveway entrance to a fire station and on the side of a street opposite
the entrance to a fire station within 75 feet of the entrance, if the entrance is properly marked
with a sign; (Sec. 545.302)

(22.14) MAXIMUM SPEED REQUIREMENT. (a) An operator may not drive at a speed greater
than is reasonable and prudent under the circumstances then existing. (Sec. 545.351)

(22.14) PRIMA FACIE SPEED LIMITS
(1) 30 miles per hour in an urban district on a street other than an alley and 15 miles per hour
in an alley;
(2) except as provided by Subdivision (4), 70 miles per hour on a highway numbered by this
state or the United States outside an urban district, including a farm-to-market or ranch-tomarket road;
(3) except as provided by Subdivision (4), 60 miles per hour on a highway that is outside an
urban district and not a highway numbered by this state or the United States;
(A) 60 miles per hour if the vehicle is a school bus that has passed a commercial motor vehicle
inspection under Section 548.201 and is on a highway numbered by the United States or this
state, including a farm-to-market road;
(5) on a beach, 15 miles per hour; (Sec. 545.352)

(22.15) CROSSING FIRE HOSE. An operator may not, without the consent of the fire department
official in command, drive over an unprotected hose of a fire department if the hose is on a
street or private driveway and is intended for use at a fire or alarm of fire. (Sec. 545.408)

(22.15) CHILD PASSENGER SAFETY SEAT SYSTEMS; OFFENSE. (a) A person commits an offense
if the person operates a passenger vehicle, transports a child who is younger than eight years of
age, unless the child is taller than four feet, nine inches, and does not keep the child secured
during the operation of the vehicle in a child passenger safety seat system according to the
instructions of the manufacturer of the safety seat system. (Sec. 545.412)

(22.15) SAFETY BELTS; OFFENSE.
(a) A person commits an offense if:
(1) the person:
(A) is at least 15 years of age;
(B) is riding in a passenger vehicle while the vehicle is being operated;
(C) is occupying a seat that is equipped with a safety belt; and
(D) is not secured by a safety belt; (Sec. 545.413)

(22.15) The operator of a school bus equipped with a safety belt for the operator's seat, the
person is not secured by the safety belt. (545.413)

(22.15) A person commits an offense if the person:
(1) operates a passenger vehicle that is equipped with safety belts; and
(2) allows a child who is younger than 17 years of age and who is not required to be secured in
a child passenger safety seat system under Section 545.412(a) to ride in the vehicle without
requiring the child to be secured by a safety belt, provided the child is occupying a seat that is
equipped with a safety belt. (545.413)

(22.15) FOLLOWING OR OBSTRUCTING FIRE APPARATUS OR AMBULANCE. (a) An operator,
unless on official business, may not follow closer than 500 feet a fire apparatus or ambulance
responding to a fire alarm (Sec. 545.407)

(22.15) RIDING IN HOUSE TRAILER. A person may not occupy a house trailer while it is being
moved. (Sec. 545.419)

(22.15) RIDING IN OPEN BEDS; OFFENSE. (a) A person commits an offense if the person
operates an open-bed pickup truck or an open flatbed truck or draws an open flatbed trailer
when a child younger than 18 years of age is occupying the bed of the truck or trailer. (Sec.
545.414)

(22.16) DUTY OF CARE. This chapter does not relieve the operator of an authorized emergency
vehicle from:
(1) the duty to operate the vehicle with appropriate regard for the safety of all persons; or
(2) the consequences of reckless disregard for the safety of others. (Sec. 546.005)

(22.17) COLOR REQUIREMENTS. (a) Unless expressly provided otherwise, a lighting device or
reflector mounted on the rear of a vehicle must be or reflect red. (Sec. 547.303)

(22.17) RESTRICTIONS ON WINDOWS. (A) a light transmission of 25 percent or more; and
(B) a luminous reflectance of 25 percent or less;
a rear window, if the motor vehicle is equipped with an outside mirror on each side of the
vehicle that reflects to the vehicle operator a view of the highway for a distance of at least 200
feet from the rear; (Sec. 547.613)

(22.17) HEADLAMPS REQUIRED. (a) A motor vehicle shall be equipped with at least two
headlamps.
(b) At least one headlamp shall be mounted on each side of the front of the vehicle.
(c) Each headlamp shall be mounted at a height from 24 to 54 inches. (Sec. 547.321)

(22.17) DUTY TO DISPLAY LIGHTS. Not more than four of the following may be lighted at one
time on the front of a motor vehicle: (Sec. 547.302)

(22.17) TAILLAMPS REQUIRED. A passenger car or truck that was manufactured or assembled
before the model year 1960 shall be equipped with at least one tail lamp. (Sec. 547.322)

(22.17) A tail lamp shall emit a red light plainly visible at a distance of 1,000 feet from the rear
of the vehicle. (Sec. 547.322)

(22.17) A tail lamp or a separate lamp shall be constructed and mounted to emit a white light
that:
(1) illuminates the rear license plate; and
(2) makes the plate clearly legible at a distance of 50 feet from the rear. (Sec. 547.322)

(22.17) STOPLAMPS REQUIRED. A stop lamp shall emit a red or amber light, or a color between
red and amber, that is:
(1) visible in normal sunlight at a distance of at least 300 feet from the rear of the vehicle; and
(2) displayed when the vehicle service brake is applied. (Sec. 547.323)

(22.17) TURN SIGNAL LAMPS REQUIRED. (d) A turn signal lamp shall emit:
(1) a white or amber light, or a color between white and amber, if the lamp is mounted on the
front of the vehicle; or
(2) a red or amber light, or a color between red and amber, if the lamp is mounted on the rear
of the vehicle.
(e) A turn signal lamp must be visible in normal sunlight at a distance of:
(1) at least 500 feet from the front and rear of the vehicle if the vehicle is at least 80 inches
wide; and
(2) at least 300 feet from the front and rear of the vehicle if the vehicle is less than 80 inches
wide. (Sec. 547.324)

(22.17) REFLECTORS REQUIRED. (a) Except as provided by Subchapter F, a motor vehicle,
trailer, semitrailer, or pole trailer shall be equipped with at least two red reflectors on the rear
of the vehicle. (Sec. 547.325)

(22.17) LIGHTING EQUIPMENT ON PROJECTING LOADS. a vehicle transporting a load that
extends beyond the vehicle's sides or more than four feet beyond the vehicle's rear shall
display red flags that:(1) are at least 12 inches square; During the daytime (Sec. 547.382)

(22.17) DUTY TO DISPLAY LIGHTS. (a) A vehicle shall display each lighted lamp and illuminating
device required by this chapter to be on the vehicle:
(1) at nighttime; and
(2) when light is insufficient or atmospheric conditions are unfavorable so that a person or
vehicle on the highway is not clearly discernible at a distance of 1,000 feet ahead. (Sec. 547.302)

(22.17) HAZARD LAMPS PERMITTED. visible at a distance of at least 500 feet in normal sunlight.
(Sec. 547.331)

(22.17) MULTIPLE-BEAM LIGHTING EQUIPMENT REQUIRED. an operator approaching an
oncoming vehicle within 500 feet shall select
(A) the lowermost distribution of light or composite beam, regardless of road contour or
condition of loading an operator approaching a vehicle from the rear within 300 feet may not
select the uppermost distribution of light. (Sec. 547.333)

(22.20) NOTICE TO APPEAR REQUIRED: CERTAIN OFFENSES. (a) An officer shall issue a written
notice to appear if:
(1) the offense charged is:
(A) speeding;
(B) the use of a wireless communication device under Section 545.4251; or
(C) a violation of the open container law, Section 49.031, Penal Code; and
(2) the person makes a written promise to appear in court as provided by Section 543.005.
(b) If the person is a resident of or is operating a vehicle licensed in a state or country other
than this state (Sec. 543.004)

(22.20) TIME AND PLACE OF APPEARANCE. (a) The time specified in the notice to appear must
be at least 10 days after the date of arrest unless the person arrested demands an earlier
hearing. (Sec. 543.006)

(22.24) "Disability" means a condition in which a person has:
(A) mobility problems that substantially impair the person's ability to ambulate;
(B) visual acuity of 20/200 or less in the better eye with correcting lenses; or
(C) visual acuity of more than 20/200 but with a limited field of vision in which the widest
diameter of the visual field subtends an angle of 20 degrees or less. (Sec. 681.001)

(22.25) ABANDONED MOTOR VEHICLE. (a) For the purposes of this chapter, a motor vehicle is
abandoned if the motor vehicle:
(1) is inoperable, is more than five years old, and has been left unattended on public property
for more than 48 hours;
(2) has remained illegally on public property for more than 48 hours;
(3) has remained on private property without the consent of the owner or person in charge of
the property for more than 48 hours;
(4) has been left unattended on the right-of-way of a designated county, state, or federal
highway for more than 48 hours; (Sec. 683.002)

(22.26) DEALER'S TEMPORARY TAGS. (a) A dealer may issue a temporary tag for use on an
unregistered vehicle by the dealer or the dealer's employees only to:
(1) demonstrate or cause to be demonstrated to a prospective buyer the vehicle for sale
purposes only;
(2) convey or cause to be conveyed the vehicle: (Sec. 503.062)

(22.26) BUYER'S TEMPORARY TAGS. (a) Except as provided by this section, a dealer shall issue
to a person who buys a vehicle one temporary buyer's tag for the vehicle.
(b) Except as provided by this section, the buyer's tag is valid for the operation of the vehicle
until the earlier of:
(1) the date on which the vehicle is registered; or
(2) the 60th day after the date of purchase. (Sec. 503.063)

(22.26) OPERATION OF VEHICLE WITH EXPIRED LICENSE PLATE. (a) A person commits an
offense if, after the fifth working day after the date the registration for the vehicle expires: (Sec.
502.407)

(22.31) DUTY TO GIVE INFORMATION AND RENDER AID. The operator of a vehicle involved in
an accident resulting in the injury or death of a person or damage to a vehicle that is driven or
attended by a person shall:
(1) give the operator's name and address, the registration number of the vehicle the operator
was driving, and the name of the operator's motor vehicle liability insurer to any person injured
or the operator or occupant of or person attending a vehicle involved in the collision;
(2) if requested and available, show the operator's driver's license to a person described by
Subdivision (1); and
(3) provide any person injured in the accident reasonable assistance, including transporting or
making arrangements for transporting the person to a physician or hospital for medical
treatment if it is apparent that treatment is necessary, or if the injured person requests the
transportation. (Sec. 550.023)

(22.31) ACCIDENT INVOLVING DAMAGE TO VEHICLE. (a) Except as provided by Subsection (b),
the operator of a vehicle involved in an accident resulting only in damage to a vehicle that is
driven or attended by a person shall:
(1) immediately stop the vehicle at the scene of the accident or as close as possible to the scene
of the accident without obstructing traffic more than is necessary;
(2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of
the accident; and
(3) remain at the scene of the accident until the operator complies with the requirements of
Section 550.023. (Sec. 550.022)

(22.33) Physical obstructions and environmental conditions that may contribute to a crash:
Physical conditions of roadway
Debris on roadway
Weather
Nighttime

Nomograph: Is a graph on which three or more scales are arranged so that a straight line drawn
through values on any two will cross the third at a corresponding value. (Speed nomograph
determines vehicle speed during a crash)

(22.38) (Traffic Problems) Points of greatest potential congestion:
Longest line of traffic
Line of traffic threatening spillbacks into other lanes and intersections

(22.39) Whistle Commands:
One long blast of police whistle is used to attract drivers attention to stop (include hand signal)
Two short blasts of police whistle used to attract drivers attention to start (include hand signal)
Short rapid blasts (normally three) used to give warning signal

(23.3) Following an arrest for DWI or a related offense, the officer must take possession of any
license issued by this state and held by the person arrested and issue a temporary driving permit
to the person unless department records show or the officer otherwise determines (724.032)

An “accident” is not a “traffic condition”

(8.33) DEFINITIONS. In this chapter:
(1) "Alcohol concentration" means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine. (Sec. 49.01)

(22.3) "Public highway" means the entire width between and immediately adjacent to the
boundary lines of any public road, street, highway, interstate, or other publicly maintained way
if any part is open for public use for the purpose of motor vehicle travel. The term includes the
right-of-way of a public highway. (49.031)

(16.4) POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. A person commits an
offense if the person knowingly possesses an open container in a passenger area of a motor
vehicle that is located on a public highway, regardless of whether the vehicle is being operated
or is stopped or parked. Possession by a person of one or more open containers in a single
criminal episode is a single offense. (Sec. 49.031)

(16.4) POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE A peace officer charging a
person with an offense under this section, instead of taking the person before a magistrate,
shall issue to the person a written citation and notice to appear that contains the time and place
the person must appear before a magistrate, the name and address of the person charged, and
the offense charged. If the person makes a written promise to appear before the magistrate by
signing in duplicate the citation and notice to appear issued by the officer, the officer shall
release the person. (Sec. 49.031)

(23.1) DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is
intoxicated while operating a motor vehicle in a public place. (Sec. 49.04)

(23.1) DRIVING WHILE INTOXICATED WITH CHILD PASSENGER. (a) A person commits an
offense if:
(1) the person is intoxicated while operating a motor vehicle in a public place; and
(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15
years of age.
(b) An offense under this section is a state jail felony. (Sec. 49.045)

(23.31) A person commits an offense if the person is intoxicated while:
BOATING WHILE INTOXICATED. (Sec. 49.06)
ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED. (Sec. 49.065)
FLYING WHILE INTOXICATED. (Sec. 49.05)

(23.31) INTOXICATION ASSAULT. (a) A person commits an offense if the person, by accident or
mistake:
(1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while
operating a motor vehicle in a public place while intoxicated, by reason of that intoxication
causes serious bodily injury to another; or
(2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily
injury to another.
(c) Except as provided by Section 49.09, an offense under this section is a felony of the third
degree. (Sec. 49.07)

(23.31) INTOXICATION MANSLAUGHTER. (a) A person commits an offense if the person:
(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an
amusement ride, or assembles a mobile amusement ride; and
(2) is intoxicated and by reason of that intoxication causes the death of another by accident or
mistake.
(b) Except as provided by Section 49.09, an offense under this section is a felony of the second
degree. (Sec. 49.08)

(23.2) OFFICER'S DUTIES FOR LICENSE SUSPENSION; WRITTEN REFUSAL REPORT. (a) If a
person refuses to submit to the taking of a specimen, whether expressly or because of an
intentional failure of the person to give the specimen, the peace officer shall:
(1) serve notice of license suspension or denial on the person;
(2) take possession of any license issued by this state and held by the person arrested;
(3) issue a temporary driving permit to the person unless department records show or the
officer otherwise determines that the person does not hold a license to operate a motor vehicle
in this state; and
(4) make a written report of the refusal to the director of the department. (Sec. 724.032)

(23.2) A temporary driving permit issued under this section expires on the 41st day after the
date of issuance. If the person was driving a commercial motor vehicle, as defined by Section
522.003, a temporary driving permit that authorizes the person to drive a commercial motor
vehicle is not effective until 24 hours after the time of arrest. (TC 724.032)

(23.1) Standard Field Sobriety Tests:
The SFST battery is a set of tests that include the following:
• Horizontal Gaze Nystagmus
• Walk and Turn
• One Leg Stand

(23.1) Of the three “Field Sobriety Tests” Horizontal Gaze Nystagmus was considered to be the
most accurate

(23.1) “Nystagmus” is an involuntary jerking of the eyes

(23.1) CONSENT TO TAKING OF SPECIMEN. (a) If a person is arrested for an offense arising out
of acts alleged to have been committed while the person was operating a motor vehicle in a
public place, or a watercraft, while intoxicated, or an offense under Section 106.041, Alcoholic
Beverage Code, the person is deemed to have consented, subject to this chapter, to submit to
the taking of one or more specimens of the person's breath or blood for analysis to determine
the alcohol concentration or the presence in the person's body of a controlled substance, drug,
dangerous drug, or other substance. (Sec. 724.011)

(14.2) The standard required in a civil action for determining responsibility and the awarding of
civil remedies is a preponderance of the evidence.

(14.1) Affidavit A written or printed statement or declaration of fact, made voluntarily and
sworn to or affirmed by an affiant before a person having authority to administer an oath or
affirmation.

(14.1) Answer A pleading in a civil matter in which on party (defendant) responds to the claim
of another party (plaintiff): in an answer, the defendant will deny the allegations in the plaintiff’s
complaint or agree with the facts but allege new information which should prevent the plaintiff
from recovering on the facts originally presented.

(14.1) Appeal A request or complaint to a higher court to correct an injustice or error committed
by a lower court: in justice court, the removal of the cause from justice court to county court for
the purpose of obtaining a review and new trial

(14.1) Attachment The seizure of person or property so that they will come under the custody
and control of the court: the process occurs by virtue of a writ, summons or other judicial order.

(14.1) Capias (Latin) A writ similar to an arrest warrant: a judicial writ commanding a peace
officer to take a person into custody to answer specific charges

(14.1) Citation Official process by which a plaintiff gives a defendant notice of suit. The purpose
is to give the court jurisdiction over the parties, to satisfy due process requirements, and to
provide the defendant the opportunity to appear and defend himself

(14.1) Complaint An affidavit or sworn statement made before the court which charges the
commission of an offense within the jurisdiction of the court

(14.1) Court of Record A court whose proceedings are recorded by a court reporter; justice
courts are not courts of record; county and district courts are courts of record

(14.1) Default Judgement A judgment entered by the court upon the failure of a party to plead
or appear at the appointed time.

(14.1) Execution A writ issued by a court of competent jurisdiction, commanding an officer to
collect the judgement amount and costs or to levy upon the non-exempt property of a
defendant, in satisfaction of a previous judgement rendered by the issuing court.

(14.1) Ex Parte Protective Order-An order issued by a family court (district or county court) to
prohibit a defendant from certain acts including further family violence, and requiring the
defendant to appear in court on a specified date and time. It may include an order directing a
law enforcement officer to inform a defendant to vacate a premise.

(14.1) Forcible Entry and Detainer (Eviction Suit) Provide a summary, speedy, simple and
inexpensive remedy for determination of who is entitled to possession of real property and/or
past due rent.

(14.1) Habeas Corpus (Latin – you have the body of) Court order that commands anyone having
a person in custody or their control to produce the person at the time and place named in the
writ and to show why that person is being held or under restraint.

(14.1) Injunction Commands the person to whom it is directed to desist or refrain from the
commission or continuance of the act enjoined or to obey and execute such order as the court
has seen proper to issue.

(14.1) MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. (a) At a defendant's appearance
before a magistrate after arrest for an offense involving family violence or an offense under
Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal Code, the magistrate may issue
an order for emergency protection on the magistrate's own motion or on the request of:
(1) the victim of the offense;
(2) the guardian of the victim;
(3) a peace officer; or
(4) the attorney representing the state. (Art. 17.292)

(14.1) Motion To make an application to a court to rule, order, or take action in a matter

(14.1) Petition A document filed by the plaintiff with the clerk of the court, which outlines the
basis of the complaint against the defendant and the relief being sought from the court.

(14.1) Plaintiff A person who complains or sues in a civil lawsuit and is so named on the record

(14.1) Return The endorsement by an officer upon a process stating what, where, when, why,
how and to whom service and compliance of the commands within the process were made.

(14.1) Sequestration The temporary seizure or setting aside of specific property to which a party
to suit has claim of ownership. The object of sequestration is to allow parties to protect and
preserve the property during the suit

(14.1) Service The delivery of a writ, notice, injunction, etc., by an authorized person, to a
person who is thereby officially notified of some proceeding concerning him

(14.1) Subpoena Process initiated by a party commanding a witness to appear and give
testimony, at a specified time and place to testify upon a certain matter.

(14.1) Summons An order to a person to appear in court on a specific date to answer a case
filed against the person; it is a method by which the court acquires jurisdiction over a party

(14.1) Temporary Restraining Order Issued by a court to a defendant restraining them from
doing or prohibiting certain acts. It is date sensitive and has a hearing date commanding
appearance no more than 14 days from date of issuance.

(14.1) Tort A private or civil wrong or injury, including action for bad faith breach of contract, for
which the court will provide a remedy in the form of an action for damages.

(14.1) Venue The place where a case is tried

(14.1) Writ of Possession (Eviction) Allows a landlord who prevails in an eviction suit to regain
possession of the premises that were in dispute. Upon expiration of the appeals time following
an eviction process, the plaintiff may obtain a “Writ of Possession” to regain possession of the
property. The order for eviction commands the sheriff or constable to regain possession of the
premises under an eviction.

(14.1) Ex Parte Any proceeding which is held for the benefit of, or on application of, only one
party, in the absence of one party. Done or made at the instance and for the benefit of one
party only, and without notice to, or argument by, any person adversely interested; of or
relating to court action taken by one party without notice to the other party for temporary or
emergency relief.

(14.1) Documents that involve seizure of property or person or evictions may only be served by
a Sheriff or Constable and their deputies

(14.1) Citations may not be served on Sundays

(14.1) Methods of service for Citations: 1. In person to the defendant; 2. By mail; 3. By
alternate service; 4: Publications

(14.1) Temporary Restraining Orders (TRO) Stop or impose a duty on someone. NOTE: A civil
TRO is enforced by Contempt of court.

(14.1) Writ of Possession (Non-eviction) directs the defendant to deliver possession of certain
property to the officer who then delivers the property to the person the court has directed.
Served by a Sheriff or Constable

(14.1) Capias Pro Fine Means a writ that is: A. issued by a court having jurisdiction of a case after
judgement and sentence for unpaid fines and costs and B. directed to “any Peace Officer of the
State of Texas” and commanding the officer to arrest a person convicted of an offense and bring
the arrested person before that court immediately.

(14.1) WRIT of Attachment A procedure or writ which may be used to bring a person or
property into the custody of the court.

(14.1) Writ of Sequestration An order directing the sheriff or constable to take into his
possession certain property of which another person has possession until the suit can be
decided or as the court directs.

(14.1) Contempt Proceedings held to determine whether a person has violated a lawful court
order and to set punishment if violation is found.

(14.1) Default Judgement the failure to perform some action required by law within a specified
time. In a civil lawsuit, it may be rendered against a party who has failed to answer or appear as
directed.

(14.1) Judgement is the final order of a court in a civil suit that settles all disputed issues,
determines the rights of the parties with regard to the subject matter of the suit, and which is
subject to being enforced by a writ.

(16.1) DEFINITIONS. In this code:
(1) "Alcoholic beverage" means alcohol, or any beverage containing more than one-half of one
percent of alcohol by volume, which is capable of use for beverage purposes, either alone or
when diluted. (Sec. 1.04)

(16.1) DEFINITION. In this code, "minor" means a person under 21 years of age. (Sec. 106.01)

(16.1) REPORT OF SEIZURE. A peace officer who makes a false report of the property seized
commits a felony punishable by confinement in the Texas Department of Criminal Justice for not
less than two years and not more than five years. (Sec. 103.05)

(16.1) SALE OR DELIVERY TO CERTAIN PERSONS. (a) A person commits an offense if the person
with criminal negligence sells an alcoholic beverage to an habitual drunkard or an intoxicated or
insane person. (Sec. 101.63)

(16.1) HOURS OF SALE: LIQUOR. (a) Except as provided in Sections 105.02, 105.03, 105.04,
105.08, and 105.091, no person may sell, offer for sale, or deliver any liquor:
(1) on New Year's Day, Thanksgiving Day, or Christmas Day;
(2) on Sunday; or
(3) before 10 a.m. or after 9 p.m. on any other day.
(b) When Christmas Day or New Year's Day falls on a Sunday, Subsection (a) of this section
applies to the following Monday. (Sec. 105.01)

HOURS OF SALE: MIXED BEVERAGES. (a) No person may sell or offer for sale mixed beverages
at any time not permitted by this section.
(b) A mixed beverage permittee may sell and offer for sale mixed beverages between 7 a.m.
and midnight on any day except Sunday. On Sunday he may sell mixed beverages between
midnight and 1:00 a.m. and between 10 a.m. and midnight, except that an alcoholic beverage
served to a customer between 10 a.m. and 12 noon on Sunday must be provided during the
service of food to the customer.
(c) In a city or county having a population of 800,000 or more, according to the last preceding
federal census, or 500,000 or more, according to the 22nd Decennial Census of the United
States, as released by the Bureau of the Census on March 12, 2001, a holder of a mixed
beverage permit who holds a retailer late hours certificate may also sell and offer for sale mixed
beverages between midnight and 2 a.m. on any day. (Sec. 105.03)

(15.1) The “Controlled Substance Act” is found in the Health and Safety Code

(15.1) "Controlled substance" means a substance, including a drug, an adulterant, and a
dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, or 4. The term
includes the aggregate weight of any mixture, solution, or other substance containing a
controlled substance. The term does not include hemp, as defined by Section 121.001,
Agriculture Code, or the tetrahydrocannabinols in hemp. (HSC 481.002)

(15.1) "Deliver" means to transfer, actually or constructively, to another a controlled substance,
counterfeit substance, or drug paraphernalia, regardless of whether there is an agency
relationship. The term includes offering to sell a controlled substance, counterfeit substance, or
drug paraphernalia (481.002)

(15.1) "Drug paraphernalia" means equipment, a product, or material that is used or intended
for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing,
containing, or concealing a controlled substance in violation of this chapter or in injecting,
ingesting, inhaling, or otherwise introducing into the human body a controlled substance in
violation of this chapter (481.002)

(15.1) "Immediate precursor" means a substance the director finds to be and by rule designates
as being: (A)A principal compound commonly used or produced primarily for use in the
manufacture of a controlled substance; (481.002)

(15.1) "Opiate" means a substance that has an addiction-forming or addiction-sustaining liability
similar to morphine or is capable of conversion into a drug having addiction-forming or
addiction-sustaining liability. (481.002)

(15.1) "Possession" means actual care, custody, control, or management (481.002)

(15.1) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a
controlled substance (481.002)

(15.2) The Six Major Categories of Controlled Substances:
Narcotics
depressants
stimulants
hallucinogens
marihuana
simulated controlled substances

(15.3) OFFENSE: DELIVERY OF MARIHUANA. An offense under Subsection (a) is: (1)A Class B
misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person
committing the offense does not receive remuneration for the marihuana;
(2)A Class A misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and
the person committing the offense receives remuneration for the marihuana;
(3)A state jail felony if the amount of marihuana delivered is five pounds or less but more than
one-fourth ounce;
(4)A felony of the second degree if the amount of marihuana delivered is 50 pounds or less but
more than five pounds;
(5)A felony of the first degree if the amount of marihuana delivered is 2,000 pounds or less but
more than 50 pounds (Sec. 481.120)

(15.3) OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a
person commits an offense if the person knowingly or intentionally possesses a usable quantity
of marihuana (Sec. 481.121)

(15.5) DEFINITIONS. In this chapter:
.(2) "Dangerous drug" means a device or a drug that is unsafe for self-medication and that is
not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas
Controlled Substances Act). The term includes a device or a drug that bears or is required to
bear the legend:
(A) "Caution: federal law prohibits dispensing without prescription" or "Rx only" or another
legend that complies with federal law; or
(B) "Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian."
(Sec. 483.001)
NOTE: Example of Dangerous drug: Prescription Drug

(15.5) "Deliver" means to sell, dispense, give away, or supply in any other manner. (483.001)

(15.5) "Manufacturer" means a person, other than a pharmacist, who manufactures dangerous
drugs. The term includes a person who prepares dangerous drugs in dosage form by mixing,
compounding, encapsulating, entableting, or any other process. (483.001)

(15.5) "Prescription" means an order from a practitioner, or an agent of the practitioner
designated in writing as authorized to communicate prescriptions, or an order made in
accordance with Subchapter B, Chapter 157, Occupations Code, or Section 203.353, Occupations
Code, to a pharmacist for a dangerous drug to be dispensed (483.001)

(15.7) Usual methods of drug abuse
injection: needles, syringes, etc.
inhalation: bags, ballons, etc.
ingestion: gelatin capsules, tablets, etc.

(15.8) POSSESSION OF DANGEROUS DRUG. An offense under this section is a Class A
misdemeanor. (Sec. 483.041)

(15.8) MANUFACTURE OF DANGEROUS DRUG. (a) A person commits an offense if the person
manufactures a dangerous drug and the person is not authorized by law to manufacture the
drug.
(b) An offense under this section is a state jail felony. (Sec. 483.043)

(17.1) A "Child" means a person who is:
(A) ten years of age or older and under 17 years of age; or
(B)At seventeen years of age or older and under 18 years of age who is alleged or found to have
engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts
committed before becoming 17 years of age (FC 51.02.)

(17.1) A "Custodian" means the adult with whom the child resides. (FC 51.02)

(17.1) A "Parent" means the mother or the father of a child, but does not include a parent
whose parental rights have been terminated (51.02)

(17.1) “Status offender" means a child who is accused, adjudicated, or convicted for conduct
that would not, under state law, be a crime if committed by an adult (51.02)

(17.1) DELINQUENT CONDUCT; CONDUCT INDICATING A NEED FOR SUPERVISION.
(a)Delinquent conduct is: (1)conduct, other than a traffic offense, that violates a penal law of
this state or of the United States punishable by imprisonment or by confinement in jail;
(2)conduct that violates a lawful order of a court under circumstances that would constitute
contempt of that court in: (A)A justice or municipal court; (B)A county court for conduct
punishable only by a fine; or (C)A truancy court; (3) conduct that violates Section 49.04, 49.05,
49.06, 49.07, or 49.08, Penal Code; or (4) conduct that violates Section 106.041, Alcoholic
Beverage Code, relating to driving under the influence of alcohol by a minor (Sec.51.03)

(17.1) Conduct indicating a need for supervision would include: that violates: (A) the penal laws
of this state of the grade of misdemeanor that are punishable by fine only: the voluntary
absence of a child from the child ’s home without the consent of the child ’s parent or guardian
for a substantial length of time or without intent to return. (51.03)

(33.5) DESIGNATION OF JUVENILE PROCESSING OFFICE. A child may be detained in a juvenile
processing office only for:
(1) the return of the child to the custody of a person under Section 52.02(a)(1);
(2) the completion of essential forms and records required by the juvenile court or this title;
(3) the photographing and fingerprinting of the child if otherwise authorized at the time of
temporary detention by this title;
(4) the issuance of warnings to the child as required or permitted by this title; or
(5) the receipt of a statement by the child under Section 51.095(a)(1), (2), (3), or (5).
(c) A child may not be left unattended in a juvenile processing office and is entitled to be
accompanied by the child's parent, guardian, or other custodian or by the child's attorney.
(d) A child may not be detained in a juvenile processing office for longer than six hours. (Sec.
52.025)

(33.6) LAW ENFORCEMENT COLLECTION AND TRANSMITTAL OF RECORDS OF CHILDREN. A law
enforcement agency shall forward information, including fingerprints, relating to a child who has
been taken into custody under Section 52.01 by the agency to the Department of Public Safety
for inclusion in the juvenile justice information system created under Subchapter B, but only if
the child is referred to juvenile court on or before the 10th day after the date the child is taken
into custody under Section 52.01. If the child is not referred to juvenile court within that time,
the law enforcement agency shall destroy all information, including photographs and
fingerprints, relating to the child unless the child is placed in a first offender program under
Section 52.031 or on informal disposition under Section 52.03. (Sec. 58.001)

(33.6) PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN. (a) Except as provided by Chapter
63, Code of Criminal Procedure, a child may not be photographed or fingerprinted without the
consent of the juvenile court unless the child is:
(1) taken into custody; or
(2) referred to the juvenile court for conduct that constitutes a felony or a misdemeanor
punishable by confinement in jail, regardless of whether the child has been taken into custody.
(Sec. 58.002)

(33.6) FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN INVESTIGATION. (a) A law
enforcement officer may take temporary custody of a child to take the child's fingerprints if:
(1) the officer has probable cause to believe that the child has engaged in delinquent conduct;
(2) the officer has investigated that conduct and has found other fingerprints during the
investigation; and
(3) the officer has probable cause to believe that the child's fingerprints will match the other
fingerprints. (Sec. 58.0021)

(33.6) A law enforcement officer may take temporary custody of a child to take the child's
photograph, or may obtain a photograph of a child from a juvenile probation department in
possession of a photograph of the child, if:
(1) the officer has probable cause to believe that the child has engaged in delinquent conduct;
and
(2) the officer has probable cause to believe that the child's photograph will be of material
assistance in the investigation of that conduct. (58.0021)

(33.6) FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY RUNAWAYS. A law enforcement officer
who takes a child into custody with probable cause to believe that the child has engaged in
conduct indicating a need for supervision as described by Section 51.03(b)(2) and who after
reasonable effort is unable to determine the identity of the child, may fingerprint or photograph
the child to establish the child's identity. On determination of the child's identity or that the
child cannot be identified by the fingerprints or photographs, the law enforcement officer shall
immediately destroy all copies of the fingerprint records or photographs of the child. (Sec.
58.0022)

(33.6) On determination of the child's identity or that the child cannot be identified by the
fingerprints or photographs, the law enforcement officer shall immediately destroy all copies of
the fingerprint records or photographs of the child. (Sec. 58.0022)

(33.7) Except as provided by Subsection (g-1) and Section 37.143(a), Education Code, a law
enforcement officer may issue a field release citation as provided by Article 14.06 in place of
taking a child into custody for a traffic offense or an offense punishable by fine only.
(PC45.058)

(24.2) Characteristics of a Sentence:
A sentence is a group of words that expresses a complete thought.
A sentence typically contains both a subject and a predicate, begins with a capital letter, and
ends with a punctuation mark.
A sentence should be short, simple, and concise.
A sentence should be unmistakably clear to the reader.

(24.5) “Field notes” are brief notations concerning specific events and circumstances that are
recorded while fresh in the officer’s mind and used to prepare a report.
Uses:
Provides basis for report
Reduces need to re-contact parties involved
Provides greater accuracy relative to time, statements, and events than memory alone

(24.12) Chronological - arrangement of information in order of occurrence

(24.12) Categorical - arrangement of information by category (e.g., witnesses, suspects, crime
elements)

(24.12) Three basic kinds of information necessary in police reports:
Identification of the involved persons, vehicles, etc.
Narrative description of the offense or incident
Elements of the offense or probable cause

(24.15) DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a) A victim may choose a
pseudonym to be used instead of the victim's name to designate the victim in all public files and
records concerning the offense, including police summary reports, press releases, and records of
judicial proceedings. (CCP. 58.102)

(25.1) Police officers will encounter different people and personalities during the course of their
day. These personalities may range from compliant to dangerously hostile; also from workplace
cooperation to emotionally charged and reactive. The vast majority of arrests are made without
the law enforcement professional using any physical force. Emotional intelligence (the capacity
to identify and manage one’s emotional state, as well as that of others…sensitive to emotional
signals from within and from the social environment) is the foundation of effective
communication for de-escalation purposes.

(28.1) "Deadly force" means force that is intended or known by the actor to cause, or in the
manner of its use or intended use is capable of causing, death or serious bodily injury. (9.01)

(28.2) Legal authorities for use of force:
Justification as a defense - PC 9.02
Confinement as justifiable force - PC 9.03
Threats as justifiable force - PC 9.04
Reckless injury of innocent third person - PC 9.05
Civil remedies unaffected - PC 9.06
Arrest and search – PC 9.51

(28.2) RECKLESS INJURY OF INNOCENT THIRD PERSON. Even though an actor is justified under
this chapter in threatening or using force or deadly force against another, if in doing so he also
recklessly injures or kills an innocent third person, the justification afforded by this chapter is
unavailable in a prosecution for the reckless injury or killing of the innocent third person. (Sec.
9.05)

(28.2) THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is
justified by this chapter. For purposes of this section, a threat to cause death or serious bodily
injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to
creating an apprehension that he will use deadly force if necessary, does not constitute the use
of deadly force. (Sec. 9.04)

(28.3) PARENT-CHILD. (a) The use of force, but not deadly force, against a child younger than
18 years is justified:
(1) if the actor is the child's parent or stepparent or is acting in loco parentis to the child; and
(2) when and to the degree the actor reasonably believes the force is necessary to discipline the
child or to safeguard or promote his welfare.
(b) For purposes of this section, "in loco parentis" includes grandparent and guardian, any
person acting by, through, or under the direction of a court with jurisdiction over the child, and
anyone who has express or implied consent of the parent or parents. (Sec. 9.61)

(28.3) Tennessee v. Garner 471 US 1 (1985) The use of deadly force to prevent the escape of all
felony suspects, whatever the circumstances, is constitutionally unreasonable. It is not better
that all felony suspects die than they escape. Where the suspect poses no immediate threat to
the officer and no threat to others, the harm resulting from failing to apprehend him does not
justify the use of deadly force to do so. Where the officer has probable cause to believe that the
suspect does pose a threat of serious physical harm, either to the officer or others, it is not
constitutionally unreasonable to prevent escape by using deadly force.

(28.2) SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using
force against another when and to the degree the actor reasonably believes the force is
immediately necessary to protect the actor against the other's use or attempted use of unlawful
force. (Sec. 9.31)

(28.2) PROTECTION OF LIFE OR HEALTH. (a) A person is justified in using force, but not deadly
force, against another when and to the degree he reasonably believes the force is immediately
necessary to prevent the other from committing suicide or inflicting serious bodily injury to
himself. (Sec. 9.34)

(28.1) “Reasonable or Necessary Force” - is the amount of lawful physical coercion sufficient to
achieve a legitimate law enforcement objective and is objectively reasonable under the facts,
circumstances and alternatives confronting an officer at the time action are taken.

(28.5) The word defensive is defined as “serving to protect,” “devoted to resisting or preventing
aggression or attack”

(28.5) Control is that degree of influence the officer must exert over the violator to take him or
her safely into custody

(28.8) Force Options:
Professional presence - entering into a scene
Verbal communications - words, language
Weaponless strategies - takedowns, come-alongs, etc.
Weapon strategies
Chemical/electrical means
Stun gun
Baton or impact weapon
Deadly force

(28.11) Communication is an important professional skill.
97% of an officer's duties involve verbal skills.
Only about 3% of contacts require physical force.

(28.11) Rational Appeal-Appeal to common sense, good judgment, or community standards

(28.16) Garrity v New Jersey, 385 U.S. 493 (1967) ruled that evidence gathered from an
employee under threat of dismissal was not admissible in a criminal trial

(28.18) A police supervisor has an affirmative duty to intervene to stop officers who are
engaging in excessive force in his presence. A non-supervisory officer has an affirmative duty
to intervene to stop officers and/or supervisors who are engaging in excessive force in his
presence.

(31.1) Self-Control - The police role in a physical arrest is essentially to protect the public and
to take the violator into custody. It is important for the officer to maintain physical and
emotional control to ensure the safety of the officer, the arrestee, and the public.

(28.9) Weaponless strategies - takedowns, come-alongs, joint locking, pressure points, hand
strikes and foot strikes

(31.4) A baton is classified as a weapon capable of inflicting serious bodily injury or death;
however, impact weapons may be used in lawful situations requiring a degree of force greater
than the use of weaponless strategies but less than the use of deadly weapons/force. [(Penal
Code, 46.01(1), 46.15.]

(31.4) Justification of baton use: The officer has the burden to justify the use of a baton by the
totality of the circumstances
Consider the physical stature of the suspect(s) as compared to the officer
Consider the skill level of suspect (martial arts) or history of violence
Consider the need for immediate control of the suspect(s) or situation due to tactical
determinations

(31.4) Guidelines for baton use:
Should normally be positioned between the officer and the suspect
Maintain a good defensive position whether left-or right-handed
Do not intentionally use a baton to strike at the head or throat unless the situation has escalated
to a deadly force situation.

(31.11)
Rear approach (on foot):
Advantages- surprise; reduces probability of direct attack
Disadvantage - may provoke physical response in defense of him/her self

(31.11)
One vs. two officers (on foot):
Visual contact with each other
Approach should be spread in V formation
Plan confrontation
Communicate
One officer in charge
Side officer keep hands free, gun away from suspect, observe suspect hands

(31.12) Two suspects and one set of handcuffs:
right hand to right hand
left hand to left hand
this procedure causes them difficulty in running

(31.12) Handcuffs are temporary restraining devices only

Jones v Wittenberg University A court case that deals with warning shots

(40.1) Good Samaritan law - act as a reasonable and prudent person under the same
circumstances - CPRC 74.151. You are not liable for actions if you use ordinary care in following
accepted and recognized emergency care procedures

(40.1) PROTECTION OF LIFE OR HEALTH. (a) A person is justified in using force, but not deadly
force, against another when and to the degree he reasonably believes the force is immediately
necessary to prevent the other from committing suicide or inflicting serious bodily injury to
himself. (b) A person is justified in using both force and deadly force against another when and
to the degree he reasonably believes the force or deadly force is immediately necessary to
preserve the other's life in an emergency. (PC 9.34)

DUTY TO GIVE INFORMATION AND RENDER AID. The operator of a vehicle involved in an
accident resulting in the injury or death of a person or damage to a vehicle that is driven or
attended by a person shall:
(1) give the operator's name and address, the registration number of the vehicle the operator
was driving, and the name of the operator's motor vehicle liability insurer to any person injured
or the operator or occupant of or person attending a vehicle involved in the collision;
(2) if requested and available, show the operator's driver's license to a person described by
Subdivision (1); and
(3) provide any person injured in the accident reasonable assistance, including transporting or
making arrangements for transporting the person to a physician or hospital for medical
treatment if it is apparent that treatment is necessary, or if the injured person requests the
transportation. (Sec. 550.023)

(36.1) Emergency Communications Any communication requesting a response to an emergency.
A police officer or a citizen requesting an emergency response from public safety personnel to
an emergency event involving, but not limited to, a life threatening occurrence or accident,
criminal activity or breach of the peace

Texas Disaster Act All requests for assistance must be channeled through proper civil authority
to the Governor via the: Texas Department of Public Safety

An officer should not transmit over his police radio within 200 yards of blasting operations, or
where blasting caps are stored.

(34.1) SPEED LIMIT EXCEPTION FOR EMERGENCIES; MUNICIPAL REGULATION. (a) The
regulation of the speed of a vehicle under this subchapter does not apply to:
(1) an authorized emergency vehicle responding to a call;
(2) a police patrol; or
(3) a physician or ambulance responding to an emergency call.
(b) A municipality by ordinance may regulate the speed of:
(1) an ambulance;
(2) an emergency medical services vehicle; or
(3) an authorized vehicle operated by a blood or tissue bank. (Sec. 545.365)

(34.1) PERMISSIBLE CONDUCT. In operating an authorized emergency vehicle the operator
may:
(1) park or stand, irrespective of another provision of this subtitle;
(2) proceed past a red or stop signal or stop sign, after slowing as necessary for safe operation;
(3) exceed a maximum speed limit, except as provided by an ordinance adopted under Section
545.365, as long as the operator does not endanger life or property; and
(4) disregard a regulation governing the direction of movement or turning in specified
directions. (Sec. 546.001)

(34.2) DUTY OF CARE. This chapter does not relieve the operator of an authorized emergency
vehicle from:
(1) the duty to operate the vehicle with appropriate regard for the safety of all persons; or
(2) the consequences of reckless disregard for the safety of others. (Sec. 546.005)

(34.6) Identify the effectiveness and limitations of emergency equipment and vehicle
equipment.
Headlights reduce visibility of emergency lights
Surrounding environmental conditions reduce effectiveness of lights
As speed of vehicle increases, effectiveness of audible warning devices decreases
Audible devices are less effective in heavy traffic
Distractions inside motorist’s vehicle reduce effectiveness of sirens
High density urban/business structures cause siren sound deflection

(34.12) Identify the factors which may contribute to traffic collisions






Overconfidence
Self-righteousness
Impatience
Preoccupation
Peer Pressure
Fatigue

34.15. Identify the following driving movements or activities most frequently contributing
to law enforcement collisions.
Unsafe speed for conditions
Right of way violations
Left-hand turns
Backing – Instructor note: Backing is the #1 cause of L.E. collisions
Parking






(34.14) Identify the reasons why “fatigue” is a physiological condition which poses a threat
to safe driving.



Lowers visual efficiency
Causes longer perception time
Causes longer decision/reaction time

(34.18) Identify the conditions which influence the overall “stopping distance” of a vehicle.





Driver
Vehicle
Road
Weather
Speed

(2.6) Community policing is a new philosophy of policing, based on the concept that police
officers and private citizens working together in creative ways can help solve contemporary
community problems related to crime, fear of crime, social and physical disorder, and
neighborhood decay. Simply, community – police partnerships are established, prioritized and
empowered.

(24.5) Maxwell’s Four Components of Connection
What people see –Connecting Visually
Humans remember 85-90% of what they see
We remember less than 15% of what we hear
What people understand –Connecting Intellectually
 Know your subject matter
 Does it sound logical?

Is it sensible?
What people feel –Connecting Emotionally
 People may hear your words, but they feel your attitude
 Attitudes are real figures of speech
 Don’t solely rely on intellect to persuade others
 The exact words you use are far less important than the energy, intensity, and
conviction with which you use them. They remember how they felt not what you
said.
What people hear –Connecting Verbally
 Tone, inflection, timing, volume, pacing –everything you do with your voice
communicates something and has the potential to help you connect or disconnect
from others (paralinguistic).

(35.1) Objectives of Patrol:



To preserve the peace by mere presence and by proper action. (CCP 2.13)
To prevent crime by opportunity reduction; duty to prevent. (CCP 6.06, 6.07)
To suppress crime by timely response to crimes in progress and by properly investigating
offenses. (CCP 6.05, 6.06)
To apprehend suspects.
To regulate non-criminal conduct by obtaining and maintaining good officer – citizen
relationships to protect life and property (CCP 6.07)



(35.3) Cover: any material that can reasonably, be expected to stop the travel of a bullet fired
from small arms such as handguns, shotguns, and rifles that provides an adequate level of
protection from danger/injury (brick walls, automobile engine, etc.) Cover is typically hardened,
thick, bulky material.

(35.3) Concealment: hides you from view but without protection. Any object that prevents a
person from seeing you is concealment. A thick bush, a closed set of window blinds or a shower
curtain all qualify as concealment.

(35.4) Silhouetting:

Placing yourself, others or your patrol unit in a position as to provide the suspect(s) with
a definite identifiable target.
Provides suspect(s) with knowledge of how many officers are present, fire power, and
approach.
Allows suspect(s) to plan course of action.
Attempt to select location for vehicle stop.
Back-up unit’s secure headlights, reds and ambers upon approach of primary unit.
Hold flashlight well in front and away from body. Do not point toward other officers.






Do not stand in doorways and hallways or peer openly through broken or otherwise
open windows.

35.5 Identify the two types of problem area patrols.
Preventive patrol:
 Preventive enforcement: conduct property checks, question suspicious persons, vary
patrol patterns and predictability and maintain high visibility.
 Selective patrol: deals with specific problems or violations, so be aware of the problem,
the location, and the time of day that the problems usually occur.
Apprehension patrol
 Low visibility and surveillance

(35.6) Bicycle patrol:
•
Advantages: flexibility where use of motorized vehicles is impractical or impossible,
allows for high visibility and intense patrol. Many cities and college campuses choose
bicycle patrol in preventive efforts and to improve community relations.

(35.6) Automobile patrol:

Advantages: speed, mobility; visibility increases preventive potential; protection of officer;
permits officer to carry extra equipment

(35.7) One officer patrol
When the officer is alone, more attention is devoted to patrol functions and duties.

(35.7) A Skilled Observer is one who is able to take in everything around a given situation and
then sort out the relevant from the irrelevant.

(35.7) It should be noted that “taste” as an observational skill, has little or no application and is
extremely dangerous to the officer.

(35.15) The Step Seven Violator Contact method:
Step One: Greeting and identification of the police agency
Step Two: Statement of violation committed
Step Three: Identification of driver and check of conditions of violator and vehicle
Step Four: Statement of action
Step Five: Take that action
Step Six: Explain what the violator must do
Step Seven: Leave

(35.13) High risk: (felony stops)

(35.28) Crowd classifications:

Casual crowd: Has no unity of purpose and no leadership, i.e.. shoppers, on-lookers, or
watchers who come and go, and will usually respond to direction by police.
Cohesive crowd: Usually assembles for a common purpose without leadership, i.e. spectators at
sporting events, along parade routes, and other activities. They have a common interest but
behave and think as individuals.
Expressive crowd: Are assembled for some purpose. They have leadership and the intention of
expressing an attitude for or against some person or idea, i.e., political rallies and picket lines.
Aggressive Crowd: Is usually assembled for some purpose. They have positive leadership, are
determined to accomplish a specific end, and move actively toward their objective. Usually high
emotional tension is present. This type crowd can easily become a mob. Consequently, this
type of crowd presents an acute police problem.




Mob classifications:


Aggressive Mob: An aggressive mob riots and terrorizes as in the case of race riots, lynching,
political riots, or prison riots.
Escape Mob: A mob in a state of panic. In their attempt to secure safety by flight, members of
an escape mob may have lost their power of reasoning.
Acquisitive Mob: A mob motivated by a desire to acquire something, i.e., food riots.

(35.35) The crime prevention role within law enforcement:

An officer's primary responsibility is that of crime prevention. Every law enforcement officer is a
crime prevention officer by the technical definition as well as the moral responsibilities of the
job.

(35.37) Elements of Security Surveys-residential/commercial:




Fill out form/report, including who has keys to house and vehicles; makes, models and license
numbers of vehicles; lights left on; animals
Check exteriors - doors, windows, locks, and alarms
Check perimeter - landscaping, lighting, fences, and walls
Check interior - operation ID, security habits

(35.37) Operation ID/property inventory:

Citizens are encouraged to mark their personal property, e.g., cameras, stereo, appliances, etc.,
with their driver license number
Many law enforcement agencies provide electric engravers for the citizen to use, as well as
labels to attach to the home, indicating all valuables have been marked for identification by law
enforcement
Citizens are encouraged to make an inventory list of personal property (including manufacturer,
model number, serial number, size, color, description) for insurance and stolen property reports
and identification




Crisis Reaction The normal response to TRAUMA follows a similar pattern called the crisis
reaction. It occurs in all of us…The normal response to trauma: an event that is outside the
range of usual human experience and that would be markedly distressing to anyone.

(25.1) Fight or Flight are responses in stressful situations. Cannot be prolonged indefinitely,
eventually, it will result in exhaustion.

(29.30) Post-Traumatic Stress (PTSD) can develop after a person is exposed to a traumatic
event, including actual or threatened death, injury, or sexual violence (MHA, 2017). A person
may have experienced the traumatic event(s) directly, or may have witnessed them occur to
someone else

(29.30) A victim’s reaction to crime may include the following three phases: Impact, recoil and
Reorganization

(29) DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a) A victim may choose a
pseudonym to be used instead of the victim's name to designate the victim in all public files and
records concerning the offense, including police summary reports, press releases, and records of
judicial proceedings. (CCP. 58.102)

(17.7). DATING VIOLENCE. (a) "Dating violence" means an act, other than a defensive measure
to protect oneself, by an actor that:
(1) is committed against a victim or applicant for a protective order:
(A) with whom the actor has or has had a dating relationship; or
(B) because of the victim's or applicant's marriage to or dating relationship with an individual
with whom the actor is or has been in a dating relationship or marriage; and
(2) is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a
threat that reasonably places the victim or applicant in fear of imminent physical harm, bodily
injury, assault, or sexual assault.
(b) For purposes of this title, "dating relationship" means a relationship between individuals
who have or have had a continuing relationship of a romantic or intimate nature. (FC. 71.0021)

(17.7) FAMILY VIOLENCE. "Family violence" means:
(1) an act by a member of a family or household against another member of the family or
household that is intended to result in physical harm, bodily injury, assault, or sexual assault or
that is a threat that reasonably places the member in fear of imminent physical harm, bodily
injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
(2) abuse, as that term is defined by Sections 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M), by
a member of a family or household toward a child of the family or household; or
(3) dating violence, as that term is defined by Section 71.0021. (FC. 71.004)

(17.8) DURATION OF PROTECTIVE ORDER. (a) Except as otherwise provided by this section, an
order under this subtitle is effective:
(1) for the period stated in the order, not to exceed two years; or
(2) if a period is not stated in the order, until the second anniversary of the date the order was
issued.
(a-1) The court may render a protective order sufficient to protect the applicant and members
of the applicant's family or household that is effective for a period that exceeds two years if the
court finds that the person who is the subject of the protective order: (FC. 85.025)

(17.12) MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. (a) At a defendant's
appearance before a magistrate after arrest for an offense involving family violence or an
offense under Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal Code, the
magistrate may issue an order for emergency protection on the magistrate's own motion or on
the request of:
(1) the victim of the offense;
(2) the guardian of the victim;
(3) a peace officer; or
(4) the attorney representing the state. (FC. 17.292)

(17.4) "Abuse" includes the following acts sexual conduct harmful to a child's mental, emotional,
or physical welfare, including conduct that constitutes the offense of continuous sexual abuse of
young child or disabled individual under Section 21.02, Penal Code, indecency with a child under
Section 21.11, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated
sexual assault under Section 22.021, Penal Code; (FC 261.001)

(17.15) To prevent the disqualification of family violence victims from receiving crime victim
compensation, officers should arrest the “primary aggressor” instead of arresting both parties
when responding to a family violence call.
515. NOTIFICATION TO SCHOOLS REQUIRED. (a) A law enforcement agency that arrests any
person or refers a child to the office or official designated by the juvenile board who the agency
believes is enrolled as a student in a public primary or secondary school, for an offense listed in
Subsection (h), shall attempt to ascertain whether the person is so enrolled. If the law enforcement
agency ascertains that the individual is enrolled as a student in a public primary or secondary school,
the head of the agency or a person designated by the head of the agency shall orally notify the
superintendent or a person designated by the superintendent in the school district in which the
student is enrolled of that arrest or referral within 24 hours after the arrest or referral is made, or
before the next school day, whichever is earlier. If the law enforcement agency cannot ascertain
whether the individual is enrolled as a student, the head of the agency or a person designated by
the head of the agency shall orally notify the superintendent or a person designated by the
superintendent in the school district in which the student is believed to be enrolled of that arrest or
detention within 24 hours after the arrest or detention, or before the next school day, whichever is
earlier. If the individual is a student, the superintendent or the superintendent's designee shall
immediately notify all instructional and support personnel who have responsibility for supervision of
the student. All personnel shall keep the information received in this subsection confidential. The
State Board for Educator Certification may revoke or suspend the certification of personnel who
intentionally violate this subsection. Within seven days after the date the oral notice is given, the
head of the law enforcement agency or the person designated by the head of the agency shall mail
written notification, marked "PERSONAL and CONFIDENTIAL" on the mailing envelope, to the
superintendent or the person designated by the superintendent. The written notification must
include the facts contained in the oral notification, the name of the person who was orally notified,
and the date and time of the oral notification. Both the oral and written notice shall contain
sufficient details of the arrest or referral and the acts allegedly committed by the student to enable
the superintendent or the superintendent's designee to determine whether there is a reasonable
belief that the student has engaged in conduct defined as a felony offense by the Penal Code or
whether it is necessary to conduct a threat assessment or prepare a safety plan related to the
student. The information contained in the notice shall be considered by the superintendent or the
superintendent's designee in making such a determination. (Art. 15.27)

(29.9) The term ‘insanity’ is not a psychological term, but is a legal term used as a defense to
avoid criminal consequences for certain acts.

(29.20) Schizophrenia consists of a group of psychotic disorders characterized by changes in
perception. Causes an over sensitivity to sounds and visions characterized by hallucination
and/or impaired distorted thinking.

(29.32) 90% of suicides are reportedly related to untreated or under-treated mental illness with
the most common being depression

(27.18) It is a common misunderstanding that ‘Borderline Personality Disorder’ is a designation
meaning someone almost experiencing another kind of mental illness. Such as; ‘borderline
schizophrenia,’ or a ‘borderline substance abuser.’ This is simply a mistake of language.

(29.49) Listening is the fundamental skill that will help you accurately identify a problem,
understand the totality of the circumstances, and know how to respond effectively and
appropriately.

(42.1) Hazardous Materials: The United States Department of Transportation (DOT) defines a
hazardous material as: A substance or material capable of posing an unreasonable risk to health,
safety, or property when transported in commerce. The term includes hazardous substances,
hazardous wastes, marine pollutants, elevated temperature materials, and materials designated
as hazardous in the Hazardous Materials Table (see 49 CFR 172.101).

(42.1) A hazard class is a group of hazardous materials that share dangerous characteristics. The
DOT has identified nine hazard classes based on the dangers posed in transportation.

(42.7) Routes of Exposure (Hazardous materials, poisons, etc.)
Inhalation
Absorption
Oral Ingestion
Injection

(42.7) Hazardous Materials Event: is a situation in which hazardous material is or may be
released into the environment.

(42.8) Effects of a hazardous materials Event:
Health Impacts
•
•
•
•
•
Death
Temporary impairment
Permanent disability
Psychological stress
Post-Traumatic Stress Disorders
Property and Environment Impacts:
• Damage to potable water sources
• Loss of productive lands
• Loss/destruction of food products
• Inability to occupy or inhabit structures
Infrastructure Impacts:
• Disruption of traffic and other modes of transportation
• Budget and resource strains on government and commercial entities
• Reduction in available services
• Overwhelmed health care system

(42.6) Toxicology: study of adverse effects of chemicals or physical agents on living organisms.

(42.6) Lethal Dose (LD50): An indication of the lethality of a given substance or type of radiation.

(42.9) Avoid exposure to Hazardous Materials
•
•
•
Stay uphill, upwind from the incident
Use distance and physical barriers to protect yourself from exposure
Remain alert for changes in wind direction or the behavior of the material

32.1 Define Criminal Investigation.
A criminal investigation is the process of legally gathering evidence of a crime that has been or is being
committed.

(32.1) Crime: An act or omission forbidden by law and punishable by a fine, imprisonment, or
even death. Crimes and their penalties are established and defined by state and federal statutes
and local ordinances.

(32.1) Evidence: Anything to be offered in court to prove the truth or falsity of a fact in issue.

(32.1) Reasonable Doubt: The level of certainty a juror must have to find a defendant guilty of a
crime. The burden of proof in a criminal case – proof beyond a reasonable doubt.

(32.2) Criminal investigation tools:

Information: The knowledge a criminal investigator gathers from other persons
(victims, witnesses, suspects) and other legitimate sources (records, reports, etc.)
Instrumentation or forensic science: The techniques that help in the solution of the
crime. Consists of fingerprints, serology, ballistics, and DNA analysis, etc.
Interviewing: The questioning of victims, witnesses, or suspects in a criminal
investigation.
Laws of arrest, search and seizure: Provides guidance on what investigative techniques
are acceptable. Mastery and knowledge of criminal procedures and the rules of
evidence enable the investigator to gather evidence against a suspect that can
withstand court challenges.
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(32.1) Corpus delicti: literally means the body or substance of the crime. In law the term refers
to proof establishing that a crime has occurred; the necessary elements that constitute a crime.

(32.4) The legal significance of evidence rests in its influence on the judge or juror.

(32.9) 32.9 Explain what a “salvage switch” is and how it works.
Salvage Switch
1. A salvage switch is described as the altering of a vehicle's identity by placing the serial
number of a total loss car (total loss vehicles are cheaper to buy and still get a title) onto
a stolen car

(32.15) Sexual Assaults are acts of violence
a. The perpetrator's purpose is to exercise power over victim
b. These are not crimes of sexual desire

(32.15) Four methods of gaining sexual access:
Consent
Pressure
Force
Drug/Alcohol facilitated sexual assault

(32.15) Hate Crime:
A criminal offense against a person or property which is motivated, in whole or in part, by the
offender's bias against race, religion, ethnic/national origin group, or sexual orientation
group. (CCP 42.014 (a))

(32.20) Autopsy:
A postmortem examination of the body of a person, including X-rays and examination of the internal
organs and structures after dissection, to determine the cause of death or nature of any pathological
changes that may have contributed to the death. CCP 49.01 (1)

(32.21) Post mortem lividity - a purplish discoloration observable on the parts of the body that
are nearest the ground. Appears from one to two hours after death, and may provide a clue as
to whether the body was moved after death. Indicates body position for one to two hours after
death. Is dependent upon several factors, including ambient temperature, body temperature at
time of death, body mass, age…

(32.21) Rigor Mortis - because of chemical changes occurring in body tissues, the muscles stiffen
after death. This stiffening starts at the neck and lower jaw and spreads downward. Onset of
rigor mortis may start from 15 minutes to 15 hours after death, but as a general rule, it starts 5
to 6 hours after death. The upper part is affected within about 12 hours and the whole body
within about 18 hours. Rigor mortis usually disappears within thirty-six hours, again beginning
at the head and neck and extending to the lower parts of the body. This latter process may take
from 8 to 10 hours. Presence of absence of stiffening may help in establishing time of death.

(32.22) Determine upon arrival:
If suspect(s) are at, or near, scene by observing unusual activity, persons, vehicles

32.23 Describe procedures for identifying victim in case of serious injury or death.
ID – Serious Bodily Injury:
If person is alive and conscious, obtain identification and information about next of kin.
ID – Death:
1. Officers shall obtain permission from the medical examiner or justice of the peace to
move or disturb the body prior to any attempt to locate sources of identification such as
driver’s license, military ID, social security card, tattoo, amputation or unusual scars,
etc…

(32.28) A crime scene search is a planned and coordinated legal search of a crime scene to
locate physical evidence or witnesses to the crime under investigation

32.29 Identify the potential problems in conducting a crime scene search.
Evaluate physical characteristics of area to be searched -- size, landscape, density, indoors, outdoors.



Consider the size and type of area to be searched.
Consider personnel and equipment necessary and available.
o Indoor scenes, depending on their size and content, usually require only a 2-person
team.
o Outdoor scenes, performed by two or more individuals, are more effective if the search
is well organized.
Consider the degree of thoroughness required depending on the following:
o Relevant case circumstances
o Physical evidence sought
o Purpose of the search

(32.30) Strip search (thorough):
This method, in both the double and single form, is among the most effective for outside
searches. Stakes and lines are useful in setting up lanes. Natural landmarks may be used as
borders

32.35 Discuss the value of crime scene sketches.
A sketch is a drawing which represents the crime scene and serves to supplement photography by
providing accurate information concerning the distance between various points in the scene.
Reasons for preparing crime scene sketches:
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To provide a permanent record of conditions otherwise not easily recorded (i.e., distance,
photography, and movement of suspect).
To reconstruct the crime scene
To record the location and spatial relationships between pieces of evidence and the
surroundings
To help refresh the investigator’s memory
To help corroborate testimony of witnesses
To eliminate unnecessary and confusing details
Can be enlarged for use as an exhibit during courtroom testimony

(32.37) The crime scene sketch should include the following information:
Investigator’s complete name and rank.
Date, time, type of crime, and assigned case number, complete name of other officers assisting
in the making of the sketch (measuring, etc.).
Address of the crime scene, its position in a building, landmarks, and so on.
Scale of the drawing (if no scale, indicated by printing “not to scale”).
Primary items of physical evidence and other critical features of the crime scene, located by
detailed measurements from at least two fixed points of reference.
Key or legend identifying the symbols or points of reference using in the sketch.
Dimensions of rooms or areas contained in the sketch
The sketcher should always have control of taking and observing measurements

32.38 Explain chain of custody.
Chain of Custody is the process in which records transactions of evidence from person to person since
its acquisition by a law enforcement agency.
Chain of custody maintains exactly what happened to evidence from the time it was found until it is
disposed of after being presented in court.
Chain of custody accounts for:
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who found the item, and where;
who took custody and marked it;
who transported it;
where it is being stored
When it went to a lab, and who transported it there
When it was returned from the lab

(32.41) Wet evidence, such as bloodstains, semen stains, mud and such, must be allowed to dry
before packaging to prevent rotting

(32.54) Direct Examination:


The prosecutor elicits facts from the officer
Direct testimony to the jury, or to the judge in the absence of a jury, when answering
prosecutor's questions
In the event that defense counsel objects to a question, remain silent until the court has ruled
on the objection
The judge will rule on the objection in one of two ways
o "Sustained" (the officer may not answer)
o "Overruled" (the officer may answer the question)



(32.54)
Cross Examination: The defense counsel will begin the questioning after the prosecution has
finished with the witness.
Redirect Examination: Following the cross examination by the defense attorney, the prosecutor may
question the witness to clarify statements or answers given during the cross-examination.
Recross Examination: The defense attorney may further question a witness after redirect examination
by the prosecutor.

(32.55) Objectivity: present an impartial and conscientious picture of a public servant working
for the interests of justice. Be courteous, answer directly, and remain poised. The defense
counsel will often endeavor to portray the officers as prejudicial and interested to accuse the
first person of whom they become suspicious, so remain the objective public servant during
testimony.

(32.57). INVOCATION OF RULE. (a) Notwithstanding Rule 614, Texas Rules of Evidence, a court
at the request of a party may order the exclusion of a witness who for the purposes of the
prosecution is a victim, close relative of a deceased victim, or guardian of a victim only if the
witness is to testify and the court determines that the testimony of the witness would be
materially affected if the witness hears other testimony at the trial. (CCP. 36.03)

(32.57). PRIVILEGE FROM ARREST.
(a) A witness is privileged from arrest while attending, going to, and returning from court.
(b) The privilege provided by this section extends for a period computed by allowing one day of
travel for each 150 miles of the distance from the courthouse to the witness's residence.
(c) This section does not apply to an arrest for a felony, treason, or breach of the peace. (Civil
Practice and Remedies Code Sec. 22.011)
Case Law
State v. Kurtz- An officer of a municipal police department does not have authority to stop a person for
committing a traffic offense when the officer is in another city within the same county
State v. Kloecker- Operating Vehicle in Unsafe Condition
Fernandez v. State-Spinning Tires
State v. Guzman- Rapid Acceleration
Murray v. State- Approaching a vehicle that is already stopped
Brinegar v United States- Probable Cause to Arrest
Carroll v. United States- Probable Cause to Search automobile
US v Sokolow- Reasonable suspicion is based upon the totality of the circumstances and is less
burden than Probable Cause
Dyar v. State- Peace officers must be able to articulate specific facts and circumstances to
justify an arrest regarding “suspicious places “and “circumstances”.
Payron v. New York- absent exigent circumstances, a peace officer may not make a warrantless
entry into a suspect’s home to make a routine felony arrest
Steagald v. United States- proposition that entry may only be forced to execute an arrest
warrant when the warrant is being executed at the residence where the person named in the
arrest warrant lives
Brigham City, Utah v. Smart- Exigent circumstances such as breaking up a violent fight permit
warrantless entry into dwelling without a warrant Warrantless Search Case Law
Kentucky v. King- Peace officers cannot create the exigency by engaging or threatening to
engage in conduct that violates the Fourth Amendment, in this case, the officers did not create
the circumstances, the reaction of the occupants of the apartment did Warrantless Search Case
Law
Terry vs Ohio- Terry Frisk Reasonable fear for weapons
Garrity vs New Jersey- Officers Being investigated for wrong doing can not be threatened with
dismissal if they don’t cooperate
Tennessee vs Garner- Deadly force to prevent escape only if good faith belief exists that there’s
a significant threat to the public.
Graham vs Conner- Excessive use of force consideration. Objective standard of reasonableness
applies to the officer in the moment. Not hindsight or 20/20.
Guthery vs Taylor- Complaints against officers must be signed and in writing and presented to
the officer before investigator interrogates.
Wong Sun vs US- Exclusionary rule: Fruit of the Poisonous tree
Mapp vs Ohio- Exclusionary rule: Fruit of the Poisonous tree
When vs US – Pretext traffic stops. Must have probable cause that traffic violation existed.
US vs Mendenhal- A person has been seized only if in the view of totality of the circumstances
they believe that they are not free to leave.
Penn vs Mimms- Traffic stop= detained, can order driver out of the vehicle.
Maryland vs Wilson- allows passengers ordered out of the vehicle.
Graham vs State- Passenger is seized when ordered to stay in vehicle. Continuous detention
after purpose of stop is unreasonable.
Pryor vs State- Permits warrantless search of vehicle when probable cause exists that vehicle
contains probable cause.
Ferris vs State- Once initial stop is concluded, continued detention amounts to second
detention
New York vs Belton- May conduct warrantless search of passenger compartment incident to
custodial arrest of occupant.
Arizona vs Grant- Can only search wingspan area of passenger area or reasonable belief vehicle
contains evidence of the offence of arrest.
Rodriguez vs US- 4th amendment does not allow extension of traffic stop to allow for Dog Sniff.
Duran vs City of Douglas- Freedom of speech 1st amendment.
Florida vs Royer- Consensual encounters are just that, consensual. No requirement to ID or
answer questions or stay.
Dear vs State - Police must be able to articulate specific facts and circumstances to justify an
arrest regarding “suspicious place” circumstances.
Maryland vs Shatzer- Once 5thamendment right (right to be silent and council) are invoked
questioning must stop. 14days until questioning can be tried again.
Chimel vs California- Right to search immediate area of control incident to arrest.
IN RE Gault- Applies to the 14th amendment due process to juveniles.
US vs Ross- If probable cause exists, search the entire vehicle is allowed anywhere the specific
evidence could be hidden is allowed.
Davis vs Rennie- Officers have affirmative duty to intervene in excessive force to protect victim
Shaw vs Stroud- supervisors have affirmative duty to intervene in excessive force
Okonkwo vs Fernandez- Qualified immunity for gov’t officials preforming discretionary
functions shields from suit and liability for damages.
Estate of Ceballos vs Bridgewater ETAL- Officer can not use deadly force without immediate
threat to himself or others
Florida vs Powell- Specifies that an officer must clearly state they can have a lawyer present.
Beck vs Ohio- cannot use evidence found in (a) incident to arrest search to establish probable
cause.
Hathaway vs Bazany- Shooting at or from a moving vehicle.
Jones vs Wittenberg- Cannot fire warning shots.
Curtis vs State- Continuous driving violations must exist for longer than a short period of time
to be able to stop the vehicle
Exigent means “requiring immediate action