1,336 terms

Final Exam Study Set 119th 119

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Terms in this set (...)

Circumstantial Evidence
A fact or event that tends to incriminate a person in a crime...ex. Running away from a crime scene.
Corpus Delicti
The BODY OR SUBSTANCE OF THE CRIME. Proof of establishing that a crime has occurred the necessary elements that constitute a crime.
Fence
One who receives and disposes of stolen property on a regular basis.
M.O. (Modus Operandi)
A criminals characteristic method of operation.
Proof Beyond a Reasonable Doubt
Proof of such a convincing character that would be willing to rely on an act upon it without hesitation in the most important of your own affairs. IT DOES NOT MEAN ABSOLUTE CERTAINTY.
Reasonable Doubt
The level of CERTAINTY A JUROR must have to find a defendant guilty of a crime. A reasonable doubt, based upon reason and common sense after careful and impartial consideration of all the evidence, or lack of evidence in a case.
Instrumentation or forensic science
The TECHNIQUES that help in the solution of the crime.
Types of instrumentation and forensic science
Fingerprints, Serology (blood), ballistics, and DNA analysis.
Laws of Arrest, Search, and Seizure
Provides guidance on what investigative techniques are acceptable. Mastery knowledge of criminal procedures and the rules of evidence enable the investigator to gather evidence.
Value of a properly prepare case folder (3)
1) To prevent duplication of work, 2) To prove efficiency on the part of the officer and dept, 3)To be useful for review by prosecutor and the grand jury
4 Reasons for properly prepared case files
1) Assist in prosecution 2) Review details with prosecution 3) Review details with witnesses 4) Allow prosecutor knowledge of officer's knowledge of the case.
9 Categories of Homicides
Anger Killing, Revenge/Jealousy Killing, Triangle Killing, Killing for Profit, Random Killing, Drive by Shootings, Murder/Suicide, Sex and Sadism, Felony Murder
Anger Killing
An extension of the crime of assault. Dispute-Anger-Attack-Death
Revenge/Jealousy Killing
History involvement between victim and perpetrator
Triangle Killing
Husband or Wife kills spouse for cheating or adultery
Killing for Profit
Killing for Profit/Hire
Random Killing
Motiveless killing. Often gang activity. (Hardest to solve)
Drive by Shootings
Result of gang activity
Murder/Suicide
Actor kills another, then kills themselves. Mostly with elderly and mentally disturbed
Sex and Sadism
Unusual Violence. May follow child molestation, rape, or acts sex or sadistic acts.
Felony Murder
Death occurring after the commission of some other felony
Autopsy
The dissection of a dead body for the purpose of inquiry into the cause of death.
Post Mordem lividity
Dark Blue discoloration on body parts that nearest to the ground. Occurs 2 hours after death. Can prove if a body was moved.
A sex offender shall satisfy requirements and register not later than ________
The 7th day after the person arrives in a municipality. (7 days to report address change or arrival into a new county/city.)
Sexual Assaults
Officers attitude has a bearing on the victims ability to deal with crime and assist Officers. Its often difficult to achieve full cooperation of victim due to psychological trauma.
Opportunistic Rapist
Takes advantage of the situation during the commission. Usually has been drinking or doing drugs. Uses minimal Force or threats. Usually not a repeat offender.
Anger Rapist
Wants to assert masculinity, punish and degrade. Uses blitz approach, usually angry and depressed, Uses abusive and obscene language. Offender is often impotent. The assault is relatively short in duration and spontaneous/sporadic. Victims are often strangers.
Low to High Rescue Options
Reach, Throw (what we will do), and row, go-tow, helo.
Zones
Hot - Techs only, Warm - Ops and Techs, Cold - Awareness and Civillians
River loads
top, suspended, and bottom
Always deploy _______ spotters
upstream
Always have _______________ safeties
downstream
Never __________ a victim after making contact
lose
Sex Crimes: Victims ____ yoa or older
17
Sex Crimes: Sexual Assault
causes the penetration of the anus or sexual organ

or

causes the penetration of the mouth of another person by the sexual organ of the actor

or

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

without consent
Sex Crimes: Lack of consent 1- 5
by the use of physical force or violence; by threatening force or violence and the other person believes that the actor has the present ability to execute the threat;

(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;

(4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;

(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
Sex Crimes: Lack of consent 6 - 11
(6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge;

by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;

(8) the actor is a public servant who coerces the other person to submit or participate;

(9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor;

(10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or

(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.
Sex Crimes: Consent may be
withdrawn at any time.
Sex Crimes: Forensic Exam (SAFE) within ________ hours
120
Sex Crimes: Challenges of non-stranger
Cultural bias, officers articulation of the facts, imperfect victims, regaining trust.
Sex Crimes: unfounded reports in Austin?
5 - 8%
Policy 321 Care and Transport of Prisoners: 321.2.1 Restraint Guidelines
(a) shall be handcuffed, 1. generally restrained with hands behind the back and double locked. 2. In case of advanced age, injury, physical disability, length of transport or other circumstances where arrested is incapable of placing their hands behind their back: (a) use waist chain/belt, travel belt, ankle or leg restraints or flex cuffs. (b) Apply handcuffs in the front. (c) choose not to use a restraining device, if prisoner is not restrained two officers should be used to transport prisoner. 3. restraints should be drawn to a secure fit but not so tight as to cause a restriction of blood flow. (b) Officers shall adhere to Policy 204(leg restraint device) for use of leg restraints. (c) Officers shall not: 1. Use restrainst to punish, display authority, or as a show of force. 2. Secure a person to any part of the vehicle
Policy 321 Care and Transport of Prisoners: 321.2.3 Warning about Positional Asphyxia
Positional Asphyxia occurs when the physical position of the body interferes with normal respiration. Such a position can be induced by the use of one or more restraints. Officers in control of a restrained person must be alert to the physical position of the person in order to minimize the possibility of positional asphyxia.
Policy 321 Care and Transport of Prisoners: 321.3.2 Special Situations
officers and prisoners of different gender or juveniles: Officer shall notify dispatch of intended destination and beginning and ending odometer reading to the nearest TENTH of a mile
Policy 321 Care and Transport of Prisoners: 321.3.3 Escape
(a)In the event that an escape occurs while transporting a prisoner, the officer shall immediately notify dispatch and request assistance: Officer should provide (1) complete physical description (2) Direction and method of travel (3) If any weapons or accomplices were used (4) Nature of the original arrest (b) A supervisor shall be notified (c) A complete search of the area will be conducted (d) The officer shall complete all necessary incident reports to ensure the preparation of an arrest warrant if prisoner is not located
Policy 321 Care and Transport of Prisoners: 321.5 Prisoners Requiring Medical Attention
The intent of the department is to quickly provide each ill or injured prisoner with medical attention before being booked into jail to include subjects who have been subjected to response to resistance techniques
Policy 321 Care and Transport of Prisoners: 321.5.3 Prisoners Exhibiting Symptoms of Contagious Disease
Officers arresting person with outward signs of disease or complaints of known infectious disease will isolate from others and the officer will Notify jail supervisor immediately upon entering facility
Burglary
A person commits a _______ if the person enters with any part of their body a habitation, or a building not open to the public, with the intent to commit a felony, theft, or assault
Robbery
If in the course of committing theft and with the intent to obtain or maintain control of the property he intentionally, knowingly, or recklessly causes bodily injury to another or; intentionally or knowingly threatens or places another in fear of imminent bodily injury or death
What charge does Robbery carry?
F2
Agg Robbery
In the course of committing robbery, person causes SBI; uses or exhibits a deadly weapon; or causes injury; OR threatens or places another person in fear of imminent bodily injury or death IF person is disabled or 65+ yoa
What charge does Agg Robbery carry?
F1
Penal Code 31.03 Theft
(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) Appropriation of property is unlawful if: (1) it is without the owner's effective consent; (2) the property is stolen and the actor appropriates the property knowing it was stolen by another;
Penal Code 31.07 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
Joy riding
riding juvenile, usually host to several other juveniles, abandons vehicle when it runs out of gas
Insurance Fraud
owner abandons vehicle where it will surely be stripped or burn it
Strippers/Dismantlers
attack park cars and remove parts that can be readily disposed of Dismantelers take car to chop shop
Professional
steals late model vehicles and resells them, ships them and resells
Gray Market Vehicles
vehicles not produced for US purchased overseas and brought into the US
Salvage Switch
VIN from total loss vehicle put on stolen car, when VIN switched rivets can be damaged
RAT: 3 major components
the pack, the system (towers and board), tracking unit
RAT: Two types of RAT packs
The tag or transmitter, or the pack
RAT: Transmitting time
4-6 hours
RAT: Wide area monitor - the Board
Located at COMMUNICATIONS. Board is HOT when the RAT is activated
RAT: Mobile Display
Dash mounted. Narrows signal when within 1.5 to 2 miles.
RAT: Pocket Detector
Effective within 100 feet to within inches
RAT: Activation protocol
10-200 called out on radio when RAT pack is active
RAT: When to cancel 10-200
The control supervisor and communications supervisor must wait for a period of at least 5 minutes with no activity whatsoever, prior to canceling the 10-200.
RAT: Probable Cause
A signal you can track, by any means, gives you automatic probable cause to detain and search any area in when the object of your search could be concealed
RAT: What kind of stop on 10-200
Felony car stop
What is the minimum penalty for fraudulent use or possession of Identity Information?
State Jail Felony
What do you do with a "forgery in progress?"
Detain subject, ID and Interview Witness, Secure evidence, have dispatch page the on-call forgery detective
"Forge" means: to alter, ___, complete,____, or authenticate any writing so that it purports to be the ____ of another who did not authorize that act
make, execute, act
Forgery is committed when there is "intent to defraud or harm" another. What is the penalty?
Class A
What does the 5th Amendment grant a citizen?
The right to remain silent
What does the 6th Amendment grant a citizen?
The right to counsel
Two things must occur before you are legally required to read someone a Miranda Warning:
1. The person must be in police custody; 2. The person is being or will be interrogated
Miranda Rights - Suspect must be informed of what?
They have the right to remain silent; Anything they say can be used against them; They have the right to an attorney; If the suspect wants an attorney, but cannot afford one, one will be provided
Four-Part Custody Test:
1. Is there probable cause to arrest? 2. Is it the subjective intent of the police to hold the person (restrain his liberty)? 3. Is it the subjective belief of the person that he or she is free to go? 4. Has the focus of the investigation centered on the detained person?
Public Safety Exception to Miranda:
1. Was the question given reasonably prompted by public safety? 2. If so, was there actual coercion or was it voluntary?
About ___% of the USA adult population about 1 in 5 Adults suffers from a mental disorder.
22.1
4 important factors that strongly affect the current mental health situation in America.
Deinstitulization, Criminalization, Medicalization, Privatization
No matter what the situation, the public views these individuals as ___ not criminal.
ILL
If force is used, especially deadly force, the officers actions are put under a __________
Microscope
The public expects LE personnel to do everything in their power to help, and_________
Not Hurt the Person
A sharp dividing line between "normal" and abnormal behavior_____________
Does not Exist.
5 Prominent categories of Mental Illness
Personality Disorders, Mood Disorders, Anxiety Disorders, Psychosis, Developmental Disorders
Common Personality Disorders
Paranoid Disorder, Anti-Social Disorder, Borderline Disorder
People with personality disorders usually WILL NOT seek treatment because they feel they do not have a problem.
True
People with personality disorders may use _________ as a form of self medication due to stress.
Alcohol and Illegal Substances
People with personality disorders often need treatment for ____________or ____________.
Chemical Dependency or Depression
What are the 2 most common types of Mood Disorders?
Depression and Bi-Polar Disorder
A depressed mood or loss of interest of at least 2 weeks duration accompanied by symptoms such as weight loss/gain and difficulty concentrating.
A Major Depressive Syndrome
What is the single most common factor in suicidal behavior or death by suicide?
Depression
A number of non addictive medications are used in treating what ?
depression
Its recommended that those taking medication for depression not use ??
Alcohol.
Alcohol can interact with the medication and create problems with ones ....
Time and Judgement
Many people self medicate their depression with alcohol or other non prescribed drugs that give temporary relief, but it tends to only
Increase the Symptoms
An individual may quickly swing from the _____to the________.
Manic Phase to the Depressed Stage
An individual cannot maintain the level of activity normally associated with _______ for a long period of time.
MANIA
Anxiety is a normal reaction to ____________
Stress
When anxiety becomes excessive and irrational it becomes a ____________
disorder
Defining Anxiety Disorder
Constant, unrelenting, and all consuming
Defining Anxiety Disorder
Causing self imposed isolation or emotional withdrawal
Defining Anxiety Disorder
interference with normal activities, like going outside or interacting with people.
Anxiety Disorders Can Include:
Generalized Anxiety Disorder, Obsessive Compulsive Disorder, Post Traumatic Stress Disorder
OCD obsessions typically revolve around:
fear of contamination or dirt, repeated doubts, having things orderly and symmetrical, aggressive or horrific images, and sexual images.
PTSD Symptoms
They can come and go per periods of high stress or when triggered by a symbolic (such as visual or auditory) reminder of the event
PTSD Defining Factor
The duration of the symptoms
Anyone can have PTSD symptoms as a result of______________
traumatic experience
People who do not experience the symptoms of PTSD for months or years after the incident occurrence is called
Delayed Onset PTSD
An illness involving a distortion or reality that may be accompanied by delusions and or hallucinations
Psychosis
Symptoms of Psychosis can include
Hearing Voices, Seeing Demons, or believing they themselves may be Jesus Christ
____________ can induce a psychotic state
Physical Circumstances
Hallucinations and Delusions are most commonly seen in people with
Schizophrenia, bipolar disorder, severe depression, or a drug induced disorder
False beliefs not based on factual information
Delusion
Signs of Delusions in people can include
A person who overreacts to situations, shows no emotion or does not care about what is going on, and has social isolation
Distortion of the senses, causing the individual to experience hearing or seeing something that is not there
Hallucinations
Distortion can effect all _________
5 senses (Most commonly effected are the visual and auditory senses)
Common Delusions experienced by persons during a psychotic episode include:
Hearing Voices, Feelings of Paranoia, Visual Hallucinations, Heightening of the Senses
A group of psychotic disorders characterized by changes in PERCEPTION
Schizophrenia
__________ is considered to be the most chronic and disabling of severe mental illnesses most seen in teenagers and young people.
Schizophrenia
Oversensitivity to sounds and visions characterized by hallucinations and or impaired thinking is caused by
Schizophrenia
An officer should consider the following when approaching an individual with a developmental disorder or having a psychotic episode
Safety, the fact that the person may be overwhelmed by police presence, person could choose to run, person could confess to a crime to please the officer, and could also be a concrete thinker.
Tips for interviewing a person with developmental disorders
Be patient, calm, and detached. Repeat statements and questions, Give Praise, Encouragement and attentive listening
Differences between Mentally Ill and Mentally Retardation
Mental Illness can occur at any point in ones life, Mental Retardation occurs before the age of 18
Differences between Mentally Ill and Mentally Retardation
There is no cure for mental illness, only medications to control it. Mental Retardation involves permanent impairment and has no medication to help it.
Differences between Mentally Ill and Mentally Retardation
Mental illness is unrelated to intelligence. Mental Retardation has below average intellectual functioning (low functioning)
Differences between Mentally Ill and Mentally Retardation
Mental illness behavior is less predictable. Mental Retardation behavior is consistent to functional level
MYTH: People who talk about suicide won't commit suicide
FALSE
Myth: People who commit suicide are Crazy.
FALSE
MYTH: Once the person begins to improve they are no longer at risk.
FALSE
MYTH: Prior unsuccessful suicide means there will never be a successful suicide.
FALSE
Suicide: DANGER to themselves
Intent (actions/words) Gross neglect for personal safety, specific plan, means available
Suicide: Danger to Others
Intent (actions/words), specific person identified, agitated, angry, explosive, irrational and reckless
Categories of Drugs
Anti Psychotic/Tranquilizers, Anti-Depressants, Mood Stabilizers, Anti Anxiety
Controls Hallucinations
Anti Psychotic/Tranquilizers
Controls Feelings of sadness, hopelessness, and suicidal thoughts
Anti-Depressants
Controls Mood Swings
Mood Stabilizers
Controls Anxiety
Anti Anxiety
Side Effects for Psychotropic Meds
Can be Uncomfortable, de-humanizing, and are often irreversible (which can cause people to refuse the mediation)
What are the 4 effective skills used when dealing with persons with a mental illness
Safety, Crisis Facts, Language, and Movements
LEAPS
Listen, Empathize, Ask, Paraphrase, Summarize
Mental illness does not effect the average person
False/Myth
No one is immune to mental illness. More hospital beds are filled by individuals with mental illness than those with cancer, heart, and lung disease combined.
True/Reality
Mental illness is an indication of a weakness of character.
False/Myth
A combination of factors contributes to mental illness, including malfunction of neurotransmitters, heredity, stress, and recreational drug usage.
True/Reality
A person with a mental illness is also mentally retarded.
False/Myth
There are some persons with a dual diagnosis, but the conditions are fundamentally different.
True/Reality
If you have mental illness you are "crazy" all the time.
False/Myth
Mental illness is often temporary. People suffering from even the most severe mental illness are in touch with reality as often as they are actively psychotic.
True/Reality
If people with other disabilities can cope on their own people with mental illness should be able to do so as well.
False/Myth
Most people who have a disabling illness need to help to return to normal functioning. Physical therapy fills this role for a physical illness just as therapeutic rehabilitation is needed for mental illness.
True/Reality
Most people who struggle with mental illness live on streets or are in mental hospitals.
False/Myth
About 2/3 of Americans who have a mental illness live in community settings.
True/Reality
List the 2 types of approaches to Jail Diversion.
Pre-booking and Post-booking.
Which is the most commonly used diversion/program?
Post booking
When does pre-booking occur?
Pre-booking occurs at 1st contact with law enforcement, prior to any formal charges.
The Crisis Intervention Team is an example of which jail diversion?
Pre-booking
Why is the post-booking diversion used?
Post booking is used to identify and divert consumers after they have been booked.
3 Facts about the Jail Diversion Concept
Nationally, nearly HALF of the inmates in prison with mental illness were incarcerated for committing a non violent offense. Close to 150,000 former patients are now caught up with the Criminal Justice System because there is no other place for them to go. Calls for Police Service in which mental illness is a factor make up between 7-10% of all police contacts, and continue to pose operational problems for the police.
Some studies indicate that ____% of US adults suffer from some sort of mental illness within their lifetime.
32%
By using a less physical, less authoritative, less confrontational, less controlling, approach you end up having more control and authority over the person in a mental health crisis.
Control Paradox
Individuals with mental illness are traditionally not ___________
hardened criminals.
Crisis Intervention Training is foremost an ____________ Training
Officer Safety
The person in a mental health crisis is usually excited, alarmed, confused, and feeling a lack of
Control
_____________ is considered to be a "diminished and inability to tell Right from Wrong."
Insanity
Who generally uses the term insanity with regard to an individual's competency to stand trial?
The Courts
The 3 Most Common Personality Disorders are______
Paranoid Personality Disorder, Anti-Social Personality Disorder, and Borderline Personality Disorder
Persons with personality disorders are not usually treated like those with other mental illnesses, but are taught a variety of _______ and ________ skills, or treated for other problems such as chemical dependency or depression.
Communication and Coping Skills
If someone has a tendency to intepret the actions of others as deliberately threatening or demeaning they would fall under which of the 4 most common personality disorders?
Paranoid Personality Disorder
If you forsee being in position to be used or harmed by others you would fall under which of the 4 most common personality disorders?
Paranoid Personality Disorder
Anti-Social Personality Disorder is most commonly seen in Males or Females?
MALES
A pattern of irresponsible and anti-social behavior is diagnosed in Males at or after what age?
Age 18.
Causes of Personality Disorders:
Family history dealing with physical and emotional abuse at a young age, lack of structure and responsibility, poor relationships with one or both parents, and alcohol and drug abuse problems.
Which disorder do you have if you have trouble with authority as an adult and have trouble conforming to society's expectations of family and work?
Anti-Social Personality Disorder
People suffering from this disorder often know what they are doing is wrong, yet do it anyway/
Anti-Social Personality Disorder
Borderline Personality Disorder is most commonly seen in males or females?
FEMALES
Borderline Personality Disorder Identification
Unstable and intense personal relationships, impulsiveness with relationships, spending, food, drugs, and sex. Intense anger and lack of control of anger, recurrent suicidal threats, chronic feelings of emptiness or boredom. Feelings of abandonment.
A police officer, without warrant,____ take a person into custody if the officer
may
1. Has reason to believe and does believe
a) person is mentally ill b) because of that mental illness there is a substantial risk of harm to the person or others unless that person is immediately restrained
2. Believes that there is not sufficient time to
obtain a warrant before taking the person into custody
3. A substantive risk of harm to the person others may be demonstrated by
a) the person's behavior b)evidence of severe emotional distress and deterioration in the person's mental condition to the extent the person can not remain at liberty
4. The police officer may form the belief that the person meets the criteria for apprehension
from the representation of a credible person
5. A police officer who takes into custody SHALL immediately transport the person to
a) the nearest appropriate inpatient mental health facility b)a mental health facility deemed suitable by the local mental health authority
6. A jail or similar detention facility ____not be deemed suitable except in an extreme emergency
MAY
7. A person detained in a jail or a non medical facility ___ be kept separate from any person who is charged with or convicted of a crime
SHALL
The officer may use
force comparable to any other legal duty when a person is resisting arrest
Force must be
reasonable
Limited liability
People acting in good faith, reasonably and without negligence are not civilly or criminally liable
Anhedonia
Reduced or complete inability to feel pleasure from activities that usually produce happiness
Anxiety
An unpleasant emotional and physical state of overwhelming apprehension and fear
Delusions
A firmly held belief with no basis in reality that is, clinging to a belief even when the evidence shows that it's false
Dyskinesia
Involuntary muscle activity causing distorted movement of the lips , tongue, neck, arms or trunk. Sometimes as a side effect of certain medications
Hallucinations
A sensory perception with no basis in reality. It may be seen, heard, felt, or smelled.
Obsession
A recurrent unwanted thought, image or impulse that's distressing and comes to mind despite efforts to suppressor ignore it
CCP 56.02 CRIME VICTIMS' RIGHTS
• Protection from harm
• Consideration of victims safety in setting bail
• Information on court and appellate proceedings
• Information on bail and court procedures
• Right to provide information to a probation department regarding the impact of the offense
• Information on Crime Victim Compensation
• Information on the parole process
• Right to a separate waiting area
• Prompt return of property
• Have employer notified of work absence
• Have AIDS counseling
• Be present at all court dates
• Information and explanation of rights
• Fill out a Victim Impact Statement
CCP 56.04 Victim Assistance Coordinator
Every DA/County attorney shall appoint a Victim Assistance Coordinator. Their duty will be to enforce all rights in 56.02 CRIME VICTIMS' RIGHTS.
• Every law enforcement agency shall appoint a crime victim liaison to enforce all rights in 56.02 CRIME VICTIMS' RIGHTS, as it relates to police, such as bail info, crime victim compensation info, and return of property.
CCP 56.07 Notifcation by Law Enforcement
As early as possible LE shall (SHALL) give written notice of:
Emergency services
CVC information
Victim liaison contact information
DA Victim Assistance Coordinator contact information
Crime Victim Rights
This is the APD pink (english) and yellow (spanish) forms.
CCP 42.21. NOTICE OF RELEASE OF FAMILY VIOLENCE OFFENDERS
• Before release entity holding defendant shall (SHALL) make reasonable attempt to provide personal notice to the victim.
• Reasonable attempt is an attempt made to the last known phone number or address of the victim in the entity's file.
CCP 56.12. NOTIFICATION OF ESCAPE OR TRANSFER
• If victim requests, TDCJ shall notify victim if defendant escapes or is transferred on a writ of attachment or bench warrant.
• Victim must update change of address.
CCP 56.11. NOTIFICATION TO VICTIM OR WITNESS OF RELEASE OR ESCAPE OF DEFENDANT
TDJC-ID (State Prison), shall notify victim if defendant is released or escapes. TDCJ-ID shall also give notice to local law enforcement in the county in which the victim resides.
CCP 56.03. VICTIM IMPACT STATEMENT
• Standard form filled out by victim
• Includes confidential victim contact information (exclude name/address/phone number).
• Used by DA, parole and probation to contact victim, gauge restitution and impact of crime on victim.
• Must be explained to the victim, considered before pleas, sentencing, and parole.
CCP 56.06 MEDICAL EXAMINATION FOR SEXUAL ASSAULT VICTIM WHO HAS REPORTED ASSAULT
Law enforcement agency that requests a medical exam of a victim of an alleged sexual assault shall pay all the costs of that exam as long as it is reported within 96 hours.
CCP 56.045 PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING FORENSIC MEDICAL EXAMINATION
shall offer the person (victim) the opportunity to have an advocate from a sexual assault program ... present with the person during the exam.
A person who knowingly fails to make a report of child abuse is guilty of a:
Class A Misdemeanor
If a parent contributed to the child's conduct, he/she may be ordered to attend a parenting class and attend child's classes or functions. If a parent fails to attend after receiving an order, it is a:
Class C Misdemeanor
Pending a hearing, it is required that a child taken into custody will be _____released by the court to a parent unless designated circumstances exist.
Immediately
A peace officer is a preventive measure against juvenile crime when he/she:
develops positive relationships with community and juveniles
Which of the following dispositions are authorized under sections 52.03 . Disposition without referral to count?
a brief conference with the child and parents
The only privileged communication which is allowed under law regarding abuse or neglect is:
attorney client privilege
A child and his attorney may waive a constitutional right in writing or in court if both are informed of and understand the rights and possible consequences of waiving it and:
the waiver is voluntary
The document which is issued to the child in lieu of taking him into custody is called:
Warning notice
A child may be taken into custody:
for violation of a probation order
When a child is taken into possession because he maybe in danger or abused, he can be placed:
in a (unlocked) children's shelter
Which of the following influences may affect as adolescent's encounter with the police:
Peer pressure
A child may be photographed or finger printed if:
the juvenile has been taken into custody for a felony as a misdemeanor punishable by confinement in jail
Written notice has to be given by a law enforcement agency to the school to which the juvenile in custody is believed to be enrolled in within:
7 days
Which of the following are listed as having authority to take a child into custody without a court order?
juvenile probation officer
Which of the following statements is true concerning the disposition of a case against a child without referral to a court?
the guidelines were approved by the juvenile board of the county in which the disposition is made
Which of the following is not a need met by juvenile gangs?
Employment
Which of the following would not be an indicator of gang involvement?
Dropping out of School
Delinquent Conduct as defined in the Family Code is which of the following:
the voluntary absence of a child from his home without the parents consent
Which of the following may not give consent for medical treatment of a minor when the person having consent by law cannot be contacted
brother or sister 15 YOA or older
In any proceeding regarding the abuse or neglect of a child, evidence may be excluded if on the grounds of privileged communication:
it was with client and attorney
All reports of child abuse received by any law enforcement agency shall be referred to:
the Texas Department of Human Services
A report of child abuse may be filed with the following:
• Any local or state LE agency
• the department
• state agency that operates/licenses/certifies/registers the facility where abuse is reported to have occurred
• Agency designated to be responsible for protection of children.
A person is required to report child abuse when that person having cause______________________ that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect by any person. They shall make an immediate report
believes
Nothing in Title 3 Delinquent Children and Children in Need of Supervision, the Texas Family Code, prevents criminal proceedings against a child for perjury.
True
A person commits the offense of ____________ if, in any case a child is caused to become a delinquent or a dependent and neglected child, the person encourages by any act, causes, acts in conjunction with, or contributes to the delinquency, dependency, or neglect of the child.
Contributing to Delinquency or Dependency of a Child
Persons reporting child abuse pursuant to Chapter 34 of the Family Code are:
Immune from civil liability that might otherwise be incurred or imposed, unless they are reporting in bad faith or malice
__________ required to report child abuse.
Any person having cause to believe child abuse is, or has occurred are
Title 3 Delinquent Children and Children in Need of Supervision The Family Code) was enacted for the following purpose:
To control and deter the commission of unlawful acts by children
A child may be taken into custody by a probation officer if reasonable grounds exist for him to believe the child has violated a condition of probation.
True
A child can be detained in which of the following areas:
a holding area certified by the Texas Juvenile Probation Commission
Child means a person who is ______years of age or older and under ______years of age.
10, 17
Delinquent Conduct is conduct, including traffic offenses, that violates the Penal Laws of this State.
False
A child may be held in a jail with adults arrested for or charged with a crime if no separate juvenile facility is available.
False
A child violates curfew at what age?
younger that 17 yoa
Juvenile who commits Class C misdemeanors ________ be issued citations
None of the above
A ______ is an adult with whom the child resides
Custodian
What is habitual felony conduct?
2 final adjudication for felonies, but not state jail felonies
Family Code 51.01 Purpose and Interpretation shall be constructed to effectuate the following public purposes:
provide protection of the public and public safety
An officer may NOT take temporary custody of a child to take fingerprints if:
Officer has PC to believe the child has committed a traffic offense
Officers shall indicate on the juvenile facility booking form and in an incident report information regarding contact with the juvenile's parent or guardian.
True
Examples of conduct indicating a need for supervision (CINS) are all except
Violation of international law
What is a "Res Gestae" statement?
A statement that can be used in a court of law.
A parent includes the mother and father whose rights have been legally terminated?
False
A Law Enforcement officer can take possession of any child under any circumstances?
False
A victim of a juvenile is a person who, as a result of the delinquent conduct of a child, suffers a pecuniary loss, or personal injury or harm
True
A child is considered ___________ when he/she would be considered "under arrest" if the child was an adult.
In custody
What is NOT a right and duty of parents?
Discipline by any means the parent sees fit
Habitual felony conduct is conduct violating a penal law of the grade of felony other than SJF if
the child who engaged in the conduct has at least two other final adjudication violating penal law in the grade of felony
A child cannot be held longer than _________ hours in a non-secure facility
6
A child who is accused, adjudicated, or convicted for conduct that would not under state law be a crime if committed by an adult
Status Offender
CCP-Art. 2.13....It is the duty of every ______to take possession of a child.
Police Officer
If a child is taken into custody and brought directly to an APD facility, it is the responsibility of the _______ to make parent/guardian notification or coordinate with the appropriate
Arresting officer
Purpose of the Juvenile Justice Code
TFC 51.01 - Purpose of the Juvenile Justice Code:
1. Provide for the protection of the public and public safety.
2. promote the concept of punishment for criminal acts.
3. remove the taint of criminality from children committing certain unlawful acts.
4. Provide treatment, training & rehabilitation emphasizing accountability/responsibility of both parent and child for the child's conduct.
5. Provide care, protection and development of children.
6. Protect the welfare of the community.
7 Control the commission of unlawful acts by children.
8. Maintain family environment, separating child from parents only when necessary for child's welfare.
9. Provide a simple and fair judicial system to ensure the constitutional and legal rights of the child are recognized.
Definition (TFC Sec. 51.02): Child
means a person who is ten years of age or older and under 17 years of age; or 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.
Definition (TFC Sec. 51.02): Custodian
means the adult with whom the child resides.
Definition (TFC Sec. 51.02): Guardian
means the person who, under court order, is the guardian of the person of the child or the public or private agency with whom the child has been placed by a court.
Definition (TFC Sec. 51.02): Judge or Juvenile Court Judge
means the judge of a juvenile court.
Definition (TFC Sec. 51.02): Non-offender
means a child who is subject to jurisdiction of a court under abuse, dependency, or neglect statutes under Title 5 for reasons other than legally prohibited conduct of the child; or has been taken into custody and is being held solely for deportation out of the United States.
Definition (TFC Sec. 51.02): Parent
means the mother or the father of a child, but does not include a parent whose parental rights have been terminated.
Definition (TFC Sec. 51.02): Party
means the state, a child who is the subject of proceedings under this subtitle, or the child's parent, spouse, guardian, or guardian ad litem.
Definition (TFC Sec. 51.02): Prosecuting Attorney
means the county attorney, district attorney, or other attorney who regularly serves in a prosecutory capacity in a juvenile court.
Definition (TFC Sec. 51.02): Referral to Juvenile Court
means the referral of a child or a child's case to the office or official, including an intake officer or probation officer, designated by the juvenile board to process children within the juvenile justice system.
Definition (TFC Sec. 51.02): Secure Correctional Facility
means any public or private residential facility, including an alcohol or other drug treatment facility, that includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in the facility; and is used for the placement of any juvenile who has been adjudicated as having committed an offense, any nonoffender, or any other individual convicted of a criminal offense.
Definition (TFC Sec. 51.02): Secure Detention Facility
means any public or private residential facility that: includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in the facility; and is used for the temporary placement of any juvenile who is accused of having committed an offense, any nonoffender, or any other individual accused of having committed a criminal offense.
Definition (TFC Sec. 51.02): 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, including:
(A) truancy under Section 51.03(b)(2);
(B) running away from home under Section 51.03(b)(3);
(C) a fineable only offense under Section 51.03(b)(1) transferred to the juvenile court under Section 51.08(b), but only if the conduct constituting the offense would not have been criminal if engaged in by an adult;
(D) failure to attend school under Section 25.094, Education Code;
(E) a violation of standards of student conduct as described by Section 51.03(b)(5);
(F) a violation of a juvenile curfew ordinance or order;
(G) a violation of a provision of the Alcoholic Beverage Code applicable to minors only; or
(H) a violation of any other fineable only offense under Section 8.07(a)(4) or (5), Penal Code, but only if the conduct constituting the offense would not have been criminal if engaged in by an adult.
Definition (TFC Sec. 51.02): Traffic offense
means a violation of a penal statute cognizable under Chapter 729, Transportation Code, except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail; or a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state.
Definition (TFC Sec. 51.02): Valid court order
means a court order entered under Section 54.04 concerning a child adjudicated to have engaged in conduct indicating a need for supervision as a status offender.
Delinquent conduct
is 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; or conduct that violates a lawful order of a court under circumstances that would constitute contempt of that court in:
a justice or municipal court; or
a county court for conduct punishable only by a fine;
or conduct that violates Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code; or
conduct that violates Section 106.041, Alcoholic Beverage Code, relating to driving under the influence of alcohol by a minor (third or subsequent offense).
Conduct indicating a need for Supervision
(1) subject to Subsection (f), conduct, other than a traffic offense, that violates the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or the penal ordinances of any political subdivision of this state;
(2) the absence of a child on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period from school;
(3) 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;
(4) conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in Section 485.001, Health and Safety Code;
(5) an act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled under Section 37.007(c), Education Code; or
(6) conduct that violates a reasonable and lawful order of a court entered under Section 264.305.
(f) Except as provided by Subsection (g), conduct described under Subsection (b)(1) does not constitute conduct indicating a need for supervision unless the child has been referred to the juvenile court under Section 51.08(b).
(g) In a county with a population of less than 100,000, conduct described by Subsection (b)(1)(A) that violates Section 25.094, Education Code, is conduct indicating a need for supervision.
Habitual Felony Conduct
is conduct violating a penal law of the grade of felony, other than a state jail felony, if:
(1) the child who engaged in the conduct has at least two previous final adjudications as having engaged in delinquent conduct violating a penal law of the grade of felony;
(2) the second previous final adjudication is for conduct that occurred after the date the first previous adjudication became final; and
(3) all appeals relating to the previous adjudications considered under Subdivisions (1) and (2) have been exhausted.
(b) For purposes of this section, an adjudication is final if the child is placed on probation or committed to the Texas Youth Commission.
(c) An adjudication based on conduct that occurred before January 1, 1996, may not be considered in a disposition made under this section.
Admissibility of a Statement:
1. Made in writing
2. Child received Miranda Warning from Magistrate
3. Must be signed in the presence of Magistrate with no officer present
4. Child understands nature and contents of statement
5. Child voluntarily waived rights
6. Child made statement orally and found to be true to establish child's guilt
7. Res Gestae statement (excited utterance)
or
8. Made in open court or before a grand jury
Non-custodial Interrogations
1. Juveniles are not in custody when they are voluntarily brought in by a parent or guardian. No magistrate's warning is required prior to taking a confession under these circumstances.
2. Transporting a child to the station, even if voluntary and with the parental consent, could be interpreted by the courts as the child being "in custody".
3. Juveniles who provide voluntary confessions will be released to a parent/guardian and a warrant will be neessary prior to taking the child into custody.
Place and Conditions of Detention
• Juvenile processing officer
• Non-secure custody, must be unlocked, multipurpose area
• Certified detention facility, sight and sound separated from adults detained in the same building
• Does not apply to a person who is at least 17 years of age who escaped from a juvenile facility or violated a condition of release under supervision of TYC
• Child can be held in a non-certified juvenile facility if the county does not have a certified one.
• Child cannot have contact with staff or management who has contact with adults.
Designation of Juvenile Processing Office
Temporary processing office
May not be a cell or holding facility used for any other reason
Child only held while completing forms, photographing, or fingerprinting
Child has to be issued warnings
Child cannot be left unattended; parent, guardian, or attorney can be present.
Cannot be detained for longer than 6 hours in juvenile office
Responsibility for Transporting Juvenile Offenders
It is the duty of the LEO who takes child into custody to transport the child to the appropriate facility unless released to parent or guardian.
Gardner Betts Juvenile Detention Center
2515 S. Congress Avenue. 512-874-7059
Collection of Records of a Child
When a child is referred to a juvenile court on or before the 10th day after the date the child is taken into custody the officer shall collect and forward information, including fingerprints to DPS for inclusion in the juvenile justice system. If the child is not referred in that time, the agency is required to destroy all of the information (including fingerprints and photos). An agency may not forward information to DPS while the child is in a first offender program, or during the 90 days after successful completion of the program.
Photographs and Fingerprints of a Child
• Only with Juvenile court permission unless arrested for an offense punishable by confinement in jail or, if parents voluntarily consent in writing.
• If officer has PC to believe the child has engaged in delinquent conduct
• Officer has PC to believe that the child's fingerprints will match the other fingerprints in a case.
• Officer must immediately destroy photos and fingerprints taken for investigative purposes if they do not lead to a positive comparison.
• Officer must make a reasonable effort to notify parents
• Prints/photos can be taken at juvenile processing office or a location that affords privacy
Identifying Runaways
Officer can print or photograph a child to identify whether they are a runaway. Once identity is known or cannot be determined prints and photos must be destroyed.
Requirements for taking a child into custody
Child may be taken into custody by law enforcement offier if there is PC to believe the child has engaged in a violation of the Penal Code, delinquent conduct or conduct indicating a need for supervision.
• By a probation officer if child violated probation
• Officers will apply the same PC standard for juveniles as that used for adults.
Lexipol 317 Detention vs. Custody
• A child is considered in custody when he/she would be considered in under arrest if the child was an adult.
• A detention situation exists when an officer detains a child for a short period for investigative purposes.
Warning Notice
A warning notice can be given instead of taking a Juvenile into custody if guidelines issued by a LEO. Guidelines approved by court, warning identifies the child and conduct, copy of the warning is sent to the parent, filed with the LE agency, and the juvenile board.
• Not APD policy ... Class B and above will be referred to Juvenile Court
Parents found to be at fault through act or omission
and contributed to the child's conduct may be required to attend parenting classes or attend the child's school classes or functions. Failure of a parent to attend a hearing after receiving an order is a Class C misdemeanor.
Disposition without Referral to Court
• Guidelines have been adopted by board
• Disposition authorized by guidelines
• Officer makes written report and identifies child
• Not APD policy
Dispositions without Referral to Court may not have:
• keeping the child in LE custody
• require periodic reporting of the child
but may require:
• Referral to agency other than juvenile court
• Brief conference with the child and parent/guardian
• Referral of child and the child's parent (counseling, training,etc.)

-- Statistics of dispositions must be reported to juvenile board annually.
First Offender Program
For conduct indicating a need for supervision, or
Delinquent conduct other than 1-3 degree felonies, violent or aggravated drug crimes, or weapon involved charges.
• Child's failure in the program will result in child being referred to the juvenile court.
• Must notify parents, the agency, and cannot keep the child in custody
• Parents must consent to child participating in the program
• First offender program may require period reporting to LEO by child
• If successfully completed, cannot be referred to the juvenile court.
Rights of Parents
(1) the right to have physical possession, to direct the moral and religious training, and to designate the residence of the child;
(5) except as provided by Section 264.0111, the right to the services and earnings of the child;
(6) the right to consent to the child's marriage, enlistment in the armed forces of the United States, medical and dental care, and psychiatric, psychological, and surgical treatment;
(7) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
(8) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child;
(9) the right to inherit from and through the child;
(10) the right to make decisions concerning the child's education; and
(11) any other right or duty existing between a parent and child by virtue of law.
(d) The rights and duties of a parent are subject to:
(1) a court order affecting the rights and duties;
(2) an affidavit of relinquishment of parental rights; and
(3) an affidavit by the parent designating another person or agency to act as managing conservator.
Duties of Parents
(2) the duty of care, control, protection, and reasonable discipline of the child;
(3) the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education;
(4) the duty, except when a guardian of the child's estate has been appointed, to manage the estate of the child, including the right as an agent of the child to act in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government;
(b) The duty of a parent to support his or her child exists while the child is an unemancipated minor and continues as long as the child is fully enrolled in a secondary school in a program leading toward a high school diploma and complies with attendance requirements described by Section 154.002(a)(2).
(c) A parent who fails to discharge the duty of support is liable to a person who provides necessaries to those to whom support is owed.
Corporal punishment of a child for reasonable discipline.
(e) Only the following persons may use corporal punishment for the reasonable discipline of a child:
(1) a parent or grandparent of the child;
(2) a stepparent of the child who has the duty of control and reasonable discipline of the child; and
(3) an individual who is a guardian of the child and who has the duty of control and reasonable discipline of the child.
Definition (TFC 261.001): Abuse
means the following acts or omissions by a person:
(A) mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning;
(B) causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child's growth, development, or psychological functioning;
(C) physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm;
(D) failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child;
(E) 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 children 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;
(F) failure to make a reasonable effort to prevent sexual conduct harmful to a child;
(G) compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code;
(H) causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by Section 43.21, Penal Code, or pornographic;
(I) the current use by a person of a controlled substance as defined by Chapter 481, Health and Safety Code, in a manner or to the extent that the use results in physical, mental, or emotional injury to a child;
(J) causing, expressly permitting, or encouraging a child to use a controlled substance as defined by Chapter 481, Health and Safety Code; or
(K) causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Section 43.25, Penal Code.
Definition (TFC 261.001): Department
means the Department of Family and Protective Services.
Definition (TFC 261.001): Designated Agency
means the agency designated by the court as responsible for the protection of children.
Definition (TFC 261.001): Neglect
means (A) the leaving of a child in a situation where the child would be exposed to a substantial risk of physical or mental harm.
(B) the following acts or omissions by a person:
(i) placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's abilities and that results in bodily injury or a substantial risk of immediate harm to the child;
(ii) failing to seek, obtain, or follow through with medical care for a child, with the failure resulting in or presenting a substantial risk of death, disfigurement, or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child;
(iii) the failure to provide a child with food, clothing, or shelter necessary to sustain the life or health;
(iv) placing a child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child; or
(v) placing a child in or failing to remove the child from a situation in which the child would be exposed to acts or omissions that constitute abuse under Subdivision (1)(E), (F), (G), (H), or (K) committed against another child; or
(C) the failure by the person responsible for a child's care, custody, or welfare to permit the child to return to the child's home without arranging for the necessary care for the child after the child has been absent from the home for any reason, including having been in residential placement or having run away.
Definition (TFC 261.001): Person responsible for a child's care, custody, or welfare:
means a person who traditionally is responsible for a child's care, custody, or welfare, including:
(A) a parent, guardian, managing or possessory conservator, or foster parent of the child;
(B) a member of the child's family or household as defined by Chapter 71;
(C) a person with whom the child's parent cohabits;
(D) school personnel or a volunteer at the child's school; or
(E) personnel or a volunteer at a public or private child-care facility that provides services for the child or at a public or private residential institution or facility where the child resides.
When reporting abuse, report must include:
Name and address of child, name and address of person responsible for the care of child and any other pertinent information concerning the alleged or suspected abuse or neglect.
Good faith
A person acting in good faith who reports, testifies, or assists in an investigation of child abuse/neglect is immune from civil or criminal liability. However, a person who knowingly makes a false report is guilty of a SJF, and upon a 2nd conviction of same, a 3rd degree felony.
Medical Examination of Child
A physician or dentist having reasonable grounds to believe that a child's physical or mental condition may have been adversely affected may without the consent of child or parents examine any child except one who is 16 or older and refuses, or any any child except when consent is refused by court order.
Medical Treatment of a Child
If parent or guardian cannot be located then the following can give consent for treatment:
• Grandparent
• Adult brother or sister (16 or older)
• Adult aunt or uncle
• Educational institution (with written authorization)
• An adult with actual care, control, and possession of a child (authorization in writing)
• Court having jurisdiction of a suit affecting the parent-child relationship
• An adult acting as person responsible through the court
• A LEO who has lawfully taken custody of a minor
Requirement for Taking Possession of a Child
CCP 2.13 .. It is the duty of every officer to take possession of a child under Article 63.009 for missing child/persons in danger, known to have Alzheimer's or dementia. When a child is located and found to be the subject to the continuing jurisdiction of a district court, and officer shall take possession of the child and shall deliver child to a person entitled to possess the child. If a person cannot be located the child will be delivered to the Dept. of Protective and Regulatory Services.
May take possession without a court order in the following conditions:
Personal knowledge that child is in immediate danger.
or - Information furnished by another and corroborated by personal knowledge that there is a an immediate danger to the child (including sexual abuse, or the parent is currently using a controlled substance as per TFC 262.104). As long as the reasonable cause standard is met for taking a child, the person taking possession of a child is immune from civil liability.
Communication between LE and Schools
May enter into a written agreement with school superintendent, and probation dept to share information.
• A LEA that arrests or refers any child shall attempt to ascertain if the child is enrolled in school
• LEA shall orally notify school of arrest within 24 hours
• LEA shall mail written notification marked, "Personal and Confidential" within 7 days of oral notification.
(CCP 63.001 Definition for Missing Children) Child
a person < 18 yoa.
(CCP 63.001 Definition for Missing Children) Missing person
a person 18 yoa or older whose disappearance is possibly not voluntary.
(CCP 63.001 Definition for Missing Children) Missing child
means a child whose whereabouts are unknown to the child's legal custodian, the circumstances of whose absence indicate that the absence isn't voluntary, the child voluntarily left without the custodian's consent and without intent to return; or the child was taken or retained in violation of the terms of a court order for possession of or access to the child.
(CCP 63.001 Definition for Missing Children) Missing child / person report
also includes a person of any age who is missing and is physical or mentally disability or is senile, and is subject to immediate danger or is a danger to others;
(B) is in the company of another or situation which indicate that the missing child's safety is in doubt; or is unemancipated as defined by the law of this state.
(CCP 63.001 Definition for Missing Children) Legal custodian of a child
means a parent of a child if no managing conservator or guardian of the person of the child has been appointed, the managing conservator of a child or a guardian of a child if a managing conservator or guardian has been appointed for the child, a possessory conservator of a child if the child is absent from the possessory conservator of the child at a time when the possessory conservator is entitled to possession of the child and the child is not believed to be with the managing conservator, or any other person who has assumed temporary care and control of a child if at the time of disappearance the child was not living with his parent, guardian, managing conservator, or possessory conservator.
(CCP 63.001 Definition for Missing Children) Clearinghouse
means the missing children and missing persons information clearinghouse.
(CCP 63.001 Definition for Missing Children) School
means a public primary school or private primary school that charges a fee for tuition and has more than 25 students enrolled and attending courses at a single location.
CCP 63.002. MISSING CHILDREN AND MISSING PERSONS INFORMATION CLEARINGHOUSE
The missing children and missing persons information clearinghouse is established within the Department of Public Safety. The clearinghouse is under the administrative direction of the director of the department. The clearinghouse shall be used by all law enforcement agencies of the state.
CCP 63.003. FUNCTION OF CLEARINGHOUSE
The clearinghouse is a central repository of information on missing children and missing persons. It will:
(1) establish a system of intrastate communication of information relating to missing children and missing persons;
(2) provide a centralized file for the exchange of information on missing children, missing persons, and unidentified dead bodies within the state;
(3) communicate with the national crime information center for the exchange of information on missing children and missing persons suspected of interstate travel;
(4) collect, process, maintain, and disseminate accurate and complete information on missing children and missing persons;
(5) provide a statewide toll-free telephone line for the reporting of missing children and missing persons and for receiving information on missing children and missing persons; and
(6) provide and disseminate to legal custodians, law enforcement agencies, and the Texas Education Agency information that explains how to prevent child abduction and what to do if a child becomes missing.
CCP 63.004. REPORT FORMS
The Department of Public Safety shall distribute missing children and missing person report forms.

A missing child or missing person report may be made to a law enforcement officer authorized by that department to receive reports in person or by telephone or other indirect method of communication and the officer may enter the information on the form for the reporting person. A report form may also be completed by the reporting person and delivered to a law enforcement officer.
CCP 63.009. LAW ENFORCEMENT REQUIREMENTS for report of missing child/person.
(1) if child and the well-being is in danger or the person is known by the agency to have or is reported to have chronic dementia, including Alzheimer's dementia immediately start an investigation to find them. For other circumstances, start an investigation with due diligence in order to determine the present location of the child or person;
In any case, immediately enter the name of the child or person into the clearinghouse, NCIC missing person file if the child or person meets the center's criteria, and the Alzheimer's Association Safe Return crisis number, if applicable, with all available identifying features such as dental records, fingerprints, other physical characteristics, and a description of the clothing worn when last seen, and all available information describing any person reasonably believed to have taken or retained the missing child or missing person; and inform the person who filed the report of the missing child or missing person that the information will be entered into the clearinghouse, the national crime information center missing person file, and the Alzheimer's Association Safe Return crisis number, if applicable.

(b) updated info is to be entered into the clearinghouse and the national crime information center file as a supplement to the original entry as soon as possible.

(c) All Texas law enforcement agencies are required to enter information about all unidentified bodies into the clearinghouse and the national crime information center unidentified person file. A law enforcement agency shall, not later than the 10th working day after the date the death is reported to the agency, enter all available identifying features of the unidentified body into the clearinghouse and NCIC file.
(d) If a LEA investigating a report of a missing child or missing person obtains a warrant for the arrest of a person for taking or retaining the missing child or missing person, the local law enforcement agency shall immediately enter the name and other descriptive information of the person into the national crime information center wanted person file if the person meets the center's criteria.

(e) A local law enforcement agency that has access to the national crime information center database shall cooperate with other law enforcement agencies in entering or retrieving information from the national crime information center database.

(f) Immediately after the return of a missing child or missing person or the identification of an unidentified body, the local law enforcement agency having jurisdiction of the investigation shall cancel the entry in the national crime information center database.

(g) On determining the location of a child under Subsection (a)(1) or (2), other than a child who is subject to the continuing jurisdiction of a district court, an officer shall take possession of the child and shall deliver or arrange for the delivery of the child to a person entitled to possession of the child. If the person entitled to possession of the child is not immediately available, the law enforcement officer shall deliver the child to the Department of Protective and Regulatory Services.
CCP 63.011. MISSING CHILDREN INVESTIGATIONS
On the written request made to a law enforcement agency by a parent, foster parent, managing or possessory conservator, guardian of the person or the estate, or other court-appointed custodian of a child whose whereabouts are unknown, the law enforcement agency shall request from the missing children and missing persons information clearinghouse information concerning the child that may aid the person making the request in the identification or location of the child.
CCP 63.019. SCHOOL RECORDS SYSTEM
On enrollment of a child under 11 years of age in a school for the first time at the school, the school shall:

(1) request from the person enrolling the child the name of each previous school attended by the child;

(2) request from each school identified in Subdivision (1), the school records for the child and, if the person enrolling the child provides copies of previous school records, request verification from the school of the child's name, address, birth date, and grades and dates attended; and

(3) notify the person enrolling the student that not later than the 30th day after enrollment, or the 90th day if the child was not born in the United States, the person must provide:

(A) a certified copy of the child's birth certificate; or

(B) other reliable proof of the child's identity and age and a signed statement explaining the person's inability to produce a copy of the child's birth certificate.

(b) If a person enrolls a child under 11 years of age in school and does not provide the valid prior school information or documentation required by this section, the school shall notify the appropriate law enforcement agency before the 31st day after the person fails to comply with this section. On receipt of notification, the law enforcement agency shall immediately check the clearinghouse to determine if the child has been reported missing. If the child has been reported missing, the law enforcement agency shall immediately notify other appropriate law enforcement agencies that the missing child has been located.
CCP 63.021. SYSTEM FOR FLAGGING RECORDS.
(a) On receipt of notification by a law enforcement agency or the clearinghouse regarding a missing child under 11 years of age, the school, day care facility, or birth certificate agency shall maintain the child's records in its possession so that on receipt of a request regarding the child, the school, day care facility, or agency will be able to notify law enforcement or the clearinghouse that a request for a flagged record has been made.

(b) When a request concerning a flagged record is made in person, the school, day care facility, or agency may not advise the requesting party that the request concerns a missing child and shall:

(1) require the person requesting the flagged record to complete a form stating the person's name, address, telephone number, and relationship to the child for whom a request is made and the name, address, and birth date of the child;

(2) obtain a copy of the requesting party's driver's license or other photographic identification, if possible;

(3) if the request is for a birth certificate, inform the requesting party that a copy of a certificate will be sent by mail; and

(4) immediately notify the appropriate law enforcement agency that a request has been made concerning a flagged record and include a physical description of the requesting party, the identity and address of the requesting party, and a copy of the requesting party's driver's license or other photographic identification.

(c) After providing the notification required under Subsection (a)(4), the school, day care facility, or agency shall mail a copy of the requested record to the requesting party on or after the 21st day after the date of the request.

(d) When a request concerning a flagged record is made in writing, the school, day care facility, or agency may not advise the party that the request concerns a missing child and shall immediately notify the appropriate law enforcement agency that a request has been made concerning a flagged record and provide to the law enforcement agency a copy of the written request. After providing the notification under this subsection, the school, day care facility, or agency shall mail a copy of the requested record to the requesting party on or after the 21st day after the date of the request.
CCP 63.022. REMOVAL OF FLAG FROM RECORDS
(a) On the return of a missing child under 11 years of age, the law enforcement agency shall notify each school or day care facility that has maintained flagged records for the child and the bureau of vital statistics that the child is no longer missing. The law enforcement agency shall notify the clearinghouse that notification under this section has been made. The bureau of vital statistics shall notify the appropriate municipal or county birth certificate agency. The clearinghouse shall notify the school, day care facility, or bureau of vital statistics that the missing child is no longer missing if the clearinghouse determines that the notification was not provided by the law enforcement agency.

(b) On notification by the law enforcement agency or the clearinghouse that a missing child has been recovered, the school, day care facility, or birth certificate agency that maintained flagged records shall remove the flag from the records.

(c) A school, day care facility, or birth certificate agency that has reason to believe a missing child has been recovered may request confirmation that the missing child has been recovered from the appropriate law enforcement agency or the clearinghouse. If a response is not received after the 45th day after the date of the request for confirmation, the school, day care facility, or birth certificate agency may remove the flag from the record and shall inform the law enforcement agency or the clearinghouse that the flag has been removed.
CCP 63.017. CONFIDENTIALITY OF CERTAIN RECORDS
Clearinghouse records that relate to the investigation by a law enforcement agency of a missing child, a missing person, or an unidentified body and records or notations that the clearinghouse maintains for internal use in matters relating to missing children, missing persons, or unidentified bodies are confidential.
Family Code Quizlet can be found here: http://quizlet.com/6146603/tcelose-family-code-119-crime-victims-rights-victim-services-flash-cards/
http://quizlet.com/6146603/tcelose-family-code-119-crime-victims-rights-victim-services-flash-cards/
Sec. 550.001. APPLICABILITY OF CHAPTER. This chapter applies only to
(1) a road owned and controlled by a water control and improvement district;

(2) a private access way or parking area provided for a client or patron by a business, other than a private residential property, or the property of a garage or parking lot for which a charge is made for storing or parking a motor vehicle; and

(3) a highway or other public place.
Sec. 550.021. ACCIDENT INVOLVING PERSONAL INJURY OR DEATH.
(a) The operator of a vehicle involved in an accident resulting in injury to or death of a person shall:
(1) immediately stop the vehicle at the scene of the accident or as close to the scene as possible;
(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
Sec. 550.022. 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.

(b) If an accident occurs on a main lane, ramp, shoulder, median, or adjacent area of a freeway in a metropolitan area and each vehicle involved can be normally and safely driven, each operator shall move the operator's vehicle as soon as possible to a designated accident investigation site, if available, a location on the frontage road, the nearest suitable cross street, or other suitable location to complete the requirements of Section 550.023 and minimize interference with freeway traffic.

(c) A person commits an offense if the person does not stop or does not comply with the requirements of Subsection (a). An offense under this subsection is:

(1) a Class C misdemeanor, if the damage to all vehicles is less than $200; or

(2) a Class B misdemeanor, if the damage to all vehicles is $200 or more.

(c-1) A person commits an offense if the person does not comply with the requirements of Subsection (b). An offense under this subsection is a Class C misdemeanor.

(d) In this section, a vehicle can be normally and safely driven only if the vehicle:

(1) does not require towing; and

(2) can be operated under its own power and in its usual manner, without additional damage or hazard to the vehicle, other traffic, or the roadway.
Sec. 550.023. 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. 550.024. DUTY ON STRIKING UNATTENDED VEHICLE.
(a) The operator of a vehicle that collides with and damages an unattended vehicle shall immediately stop and:

(1) locate the operator or owner of the unattended vehicle and give that person the name and address of the operator and the owner of the vehicle that struck the unattended vehicle; or

(2) leave in a conspicuous place in, or securely attach in a plainly visible way to, the unattended vehicle a written notice giving the name and address of the operator and the owner of the vehicle that struck the unattended vehicle and a statement of the circumstances of the collision.

(b) A person commits an offense if the person violates Subsection (a). An offense under this section is:

(1) a Class C misdemeanor, if the damage to all vehicles involved is less than $200; or

(2) a Class B misdemeanor, if the damage to all vehicles involved is $200 or more.
Sec. 550.025. DUTY ON STRIKING FIXTURE OR HIGHWAY LANDSCAPING.
(a) The operator of a vehicle involved in an accident resulting only in damage to a fixture or landscaping legally on or adjacent to a highway shall:

(1) take reasonable steps to locate and notify the owner or person in charge of the property of the accident and of the operator's name and address and the registration number of the vehicle the operator was driving;

(2) if requested and available, show the operator's driver's license to the owner or person in charge of the property; and

(3) report the accident if required by Section 550.061.

(b) A person commits an offense if the person violates Subsection (a). An offense under this section is:

(1) a Class C misdemeanor, if the damage to all fixtures and landscaping is less than $200; or

(2) a Class B misdemeanor, if the damage to all fixtures and landscaping is $200 or more.
Sec. 550.026. IMMEDIATE REPORT OF ACCIDENT.
(a) The operator of a vehicle involved in an accident resulting in injury to or death of a person or damage to a vehicle to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the accident to the:

(1) local police department if the accident occurred in a municipality;

(2) local police department or the sheriff's office if the accident occurred not more than 100 feet outside the limits of a municipality; or

(3) sheriff's office or the nearest office of the department if the accident is not required to be reported under Subdivision (1) or (2).

(b) If a section of road is within 100 feet of the limits of more than one municipality, the municipalities may agree regarding the maintenance of reports made under Subsection (a)(2). A county may agree with municipalities in the county regarding the maintenance of reports made under Subsection (a)(2). An agreement under this subsection does not affect the duty to report an accident under Subsection (a).
Sec. 550.041. INVESTIGATION BY PEACE OFFICER.
(a) A peace officer who is notified of a motor vehicle accident resulting in injury to or death of a person or property damage to an apparent extent of at least $1,000 may investigate the accident and file justifiable charges relating to the accident without regard to whether the accident occurred on property to which this chapter applies.
(b) This section does not apply to:
(1) a privately owned residential parking area; or
(2) a privately owned parking lot where a fee is charged for parking or storing a vehicle.
Sec. 550.061. OPERATOR'S ACCIDENT REPORT.
(a) The operator of a vehicle involved in an accident shall make a written report of the accident if the accident is not investigated by a law enforcement officer and the accident resulted in injury to or the death of a person or damage to the property of any one person to an apparent extent of $1,000 or more.
(b) The report required by Subsection (a) must be filed with the department not later than the 10th day after the date of the accident.
(c) A person commits an offense if the person does not file the report with the department as required by this section.
(d) Venue for the prosecution of an offense under this section is in the county in which the accident occurred.
(e) The department may require:
(1) the operator of a vehicle involved in an accident in which a report is required by this section to file a supplemental report if the department considers the original report insufficient;
and(2) a witness of an accident to make a report with the department.
Sec. 550.062. OFFICER'S ACCIDENT REPORT.
(a) A law enforcement officer who in the regular course of duty investigates a motor vehicle accident shall make a written report of the accident if the accident resulted in injury to or the death of a person or damage to the property of any one person to the apparent extent of $1,000 or more.
(b) The report required by Subsection (a) must be filed with the department not later than the 10th day after the date of the accident.
(c) This section applies without regard to whether the officer investigates the accident at the location of the accident and immediately after the accident or afterwards by interviewing those involved in the accident or witnesses to the accident.
Sec. 550.063. REPORT ON APPROPRIATE FORM.
The form of all written accident reports must be approved by the department and the Department of Public Safety. A person who is required to file a written accident report shall report on the appropriate form and shall disclose all information required by the form unless the information is not available
Sec. 550.064. ACCIDENT REPORT FORMS.
(a) The department shall prepare and when requested supply to police departments, coroners, sheriffs, garages, and other suitable agencies or individuals the accident report forms appropriate for the persons required to make a report and appropriate for the purposes to be served by those reports.
(b) An accident report form prepared by the department must:
(1) require sufficiently detailed information to disclose the cause and conditions of and the persons and vehicles involved in an accident if the form is for the report to be made by a person involved in or investigating the accident;
(2) include a way to designate and identify a peace officer, firefighter, or emergency medical services employee who during an emergency is involved in an accident while driving a law enforcement vehicle, fire department vehicle, or emergency medical services vehicle while performing the person's duties;
(3) require a statement by a person described by Subdivision (2) as to the nature of the emergency;
and(4) include a way to designate whether an individual involved in an accident wants to be contacted by a person seeking to obtain employment as a professional described by Section 38.01(12), Penal Code.
Sec. 550.067. MUNICIPAL AUTHORITY TO REQUIRE ACCIDENT REPORTS.
(a) A municipality by ordinance may require the operator of a vehicle involved in an accident to file with a designated municipal department:

(1) a report of the accident, if the accident results in injury to or the death of a person or the apparent total property damage is $25 or more; or

(2) a copy of a report required by this chapter to be filed with the department.

(b) A report filed under Subsection (a) is for the confidential use of the municipal department and subject to the provisions of Section 550.065.

(c) A municipality by ordinance may require the person in charge of a garage or repair shop where a motor vehicle is brought if the vehicle shows evidence of having been involved in an accident requiring a report to be filed under Section 550.061 or 550.062 or shows evidence of having been struck by a bullet to report to a department of the municipality within 24 hours after the garage or repair shop receives the motor vehicle, giving the engine number, registration number, and the name and address of the owner or operator of the vehicle.
Sec. 550.081. REPORT OF MEDICAL EXAMINER OR JUSTICE OF THE PEACE.
(a) In this section:

(1) "Department" means the Texas Department of Transportation.

(2) "Bridge collapse" means the abrupt failure of the basic structure of a bridge that impairs the ability of the bridge to serve its intended purpose and that damages a highway located on or under the structure.

(b) A medical examiner or justice of the peace acting as coroner in a county that does not have a medical examiner's office or that is not part of a medical examiner's district shall submit a report in writing to the department of the death of a person that was the result of a traffic accident or bridge collapse:

(1) to which this chapter applies; and

(2) that occurred within the jurisdiction of the medical examiner or justice of the peace in the preceding calendar quarter.

(c) The report must be submitted before the 11th day of each calendar month and include:

(1) the name of the deceased and a statement as to whether the deceased was:

(A) the operator of or a passenger in a vehicle involved in the accident; or

(B) a pedestrian or other nonoccupant of a vehicle;

(2) the date of the accident and the name of the county in which the accident occurred, and, if a bridge collapse, the location of the bridge in that county;

(3) the name of any laboratory, medical examiner's office, or other facility that conducted toxicological testing relative to the deceased; and

(4) the results of any toxicological testing that was conducted.

(d) A report required by this section shall be sent to:

(1) the crash records bureau of the department at its headquarters in Austin; or

(2) any other office or bureau of the department that the department designates.

(e) If toxicological test results are not available to the medical examiner or justice of the peace on the date a report must be submitted, the medical examiner or justice shall:

(1) submit a report that includes the statement "toxicological test results unavailable"; and

(2) submit a supplement to the report that contains the information required by Subsections (c)(3) and (4) as soon as practicable after the toxicological test results become available.

(f) The department shall prepare and when requested supply to medical examiners' offices and justices of the peace the forms necessary to make the reports required by this section.
[APD Lexipol 346] The public safety responsibilities of law enforcement include responding to crashes in order to _________, document the incident, and identify possible criminal activity.
provide aid and assistance
[APD Lexipol 346] Upon arriving at the crash scene, an officer should give immediate consideration to: (a) ______________________ to provide protection for officers and the scene.
Proper placement of the emergency vehicle
[APD Lexipol 346] Upon arriving at the crash scene, an officer should give immediate consideration to: (b) Requesting _______________ for any injured parties.
medical assistance
[APD Lexipol 346] Upon arriving at the crash scene, an officer should give immediate consideration to: (c) Requesting additional ______________ that may be necessary
support (e.g., traffic control, AFD, tow vehicles)
[APD Lexipol 346] Upon arriving at the crash scene, an officer should give immediate consideration to: (d) Clearing the _________________ as soon as possible.
crash off of the roadway
[APD Lexipol 346] Upon arriving at the crash scene, an officer should give immediate consideration to: If it is not possible to clear the roadway in a reasonable period of time, officers may need to _____________________.
manually direct traffic and/or place traffic cones/flares to divert traffic around the crash scene.
[APD Lexipol 346] Notify/Contact required for Highway Enforcement when: 1. When on-duty, Highway Enforcement shall assist with traffic incident management when _____________.
a freeway is blocked
[APD Lexipol 346] Notify/Contact required for Highway Enforcement when: 2. A Highway Enforcement supervisor should be notified anytime patrol operations will be negatively impacted by:
(a) __________________________; or
(b) A commercial motor vehicle crash involving a hazardous material spill occurring on a roadway.
A collision that will block a freeway for more than 60 minutes
[APD Lexipol 346] Notify/Contact required for Highway Enforcement when: 3. The Vehicular Homicide Unit shall be promptly notified of vehicle crashes: (a) Involving _______________.
(b) Resulting in _______________.
death or life threatening injury
[APD Lexipol 346] Notify/Contact required for Highway Enforcement when: 3. The Vehicular Homicide Unit shall be promptly notified of vehicle crashes: (c) Resulting in serious bodily injury in which _____________ is suspected.
impairment of the driver due to alcohol or drugs
[APD Lexipol 346] Notify/Contact required for Highway Enforcement when: 3. The Vehicular Homicide Unit shall be promptly notified of vehicle crashes: (d) Resulting in serious bodily injury when ________________.
a city vehicle is involved
[APD Lexipol 346] Accident Investigators shall be called to all vehicle crashes involving: (c) ________, AFD, or EMS vehicles.
APD
[APD Lexipol 346] Accident Investigators shall be called to all vehicle crashes involving: (a) __________ injury or ________.
Life threatening / death
[APD Lexipol 346] Accident Investigators shall be called to all vehicle crashes involving: (b) _____________ in which impairment of the driver due to alcohol or drugs is suspected.
Serious Bodily Injury
[APD Lexipol 346.3] During crash investigations, officers should: (a) Identify and _______________________________.
interview drivers and occupants
[APD Lexipol 346.3] During crash investigations, officers should:
(b) Identify and interview any _________.
1. Request all ___________ remain at the scene to speak with the Vehicular Homicide
Unit, if applicable.
witnesses
[APD Lexipol 346.3] During crash investigations, officers should:
(c) Provide the drivers involved with a ___________________. Officers will ensure the _________________ is completely filled out with the correct information before the drivers exchange them.
Driver / Insurance Information Form (PD0023 / "Brown Form")
[APD Lexipol 346.3] During crash investigations, officers should: (d) Determine if any traffic ______________ have occurred and take appropriate enforcement action.
violation(s) or crime(s)
[APD Lexipol 346.3] During crash investigations, officers should: (e) Identify and protect __________________.
items of apparent evidentiary value
[APD Lexipol 346.3] During crash investigations, officers should:
(f) Notify the dispatcher of ____________.
any damage to the roadway, signs, or utilities
[APD Lexipol 346.3] During crash investigations, officers should: (g) Document the _____________ (e.g., insurance information, statements,
measurements, photographs, collection of evidence and reporting) on appropriate
report forms.
incident as necessary
[APD Lexipol 346.3] During crash investigations, officers should: (e) 1. ____________________ is protected from theft or damage and removed to a place of safekeeping. Protection of the property may consist of securing the property in a vehicle, releasing it to a third party, or turning it into the property room for safekeeping.
ensure property belonging to a crash victim
[APD Lexipol 346.3.1 TOWING FROM A CRASH] _________________ wreckers shall be used for vehicles that require towing from the scene of a crash, including parked and unattended vehicles on a public roadway, anytime the vehicle is deemed inoperable.
rotation or request
[APD Lexipol 346.3.1 TOWING FROM A CRASH] Officers should ______________ a towing company, if possible, and confirm with Communications that it is on the Approved Wrecker List.
have the driver select
[APD Lexipol 346.3.1 TOWING FROM A CRASH] When there is no preferred company requested, or the company is not on the _________________, a company shall be selected from the rotational list of towing companies maintained by Communications.
Approved Wrecker List
[APD Lexipol 346.3.1 TOWING FROM A CRASH] _____________ may request wreckers when approved by the Watch Lieutenant.
AFD or EMS
[APD Lexipol 346.3.1] (b) An authorized impound wrecker shall be used in the following circumstances: 1. When the driver is arrested and the vehicle is ______________ .
otherwise safely operable
[APD Lexipol 346.3.1] (b) An authorized impound wrecker shall be used in the following circumstances: 2. When the vehicle has been ______________.
confirmed as stolen
[APD Lexipol 346.3.1] (b) An authorized impound wrecker shall be used in the following circumstances: 3. When the vehicle is of _______________ in a criminal offense.
evidentiary value and needed for further investigation
[APD Lexipol 346.3.1] (b) An authorized impound wrecker shall be used in the following circumstances: 4. As outlined in _______ (Vehicle Towing and Release).
Policy 350
[APD Lexipol 346.4] Officers shall cite for all the following violations at the scene of a crash, when applicable: 1. Failure to __________.
Maintain Financial Responsibility
[APD Lexipol 346.4] Officers shall cite for all the following violations at the scene of a crash, when applicable: 2. Driver's __________ violations.
license
[APD Lexipol 346.4] Officers shall cite for all the following violations at the scene of a crash, when applicable: 3. ____________ violations.
hazardous
[APD Lexipol 346.4] Officers shall cite for all the following violations at the scene of a crash, when applicable: (b) Driving _____________ violations shall be enforced immediately.
while intoxicated
[APD Lexipol 346.4] Officers shall cite for all the following violations at the scene of a crash, when applicable: (c) _____________ (e.g., Intoxication Assault, Aggravated Assault, Manslaughter) shall
be enforced immediately. Officers shall consult with the appropriate Investigative Unit as outlined in Department policy.
felony violations
[APD Lexipol 346.4] Officers shall cite for all the following violations at the scene of a crash, when applicable: (d) If a driver is subject to enforcement and __________, a supervisor shall be contacted to determine the best course of action.
admitted to a hospital
[APD Lexipol 346.4.1] When a driver leaves the scene of a crash where there is damage to a vehicle ________________, it is considered an Leaving The Scene (LTS) crash (Tex. Transp Code § 550.022). When there is very minor damage, officers should determine if a reasonable driver would have had knowledge of the damage caused.
without exchanging information required by law
[APD Lexipol 346.4.1] ______________ crashes are LTS crashes where someone suffers an injury (e.g., complaint of pain or visible injury) as a direct result of the crash (Tex. Transp Code § 550.021).
Failing to Stop and Render Aid (FSRA)
[APD Lexipol 346.4.1] Enforcement of an LTS crash is determined by the following: (a) A citation may be issued for a _____________ if the pecuniary loss
is less than two hundred dollars ($200).
class C misdemeanor
[APD Lexipol 346.4.1] Enforcement of an LTS crash is determined by the following:
(b) A custody arrest may be made for a __________________ if the pecuniary loss is two hundred dollars ($200) or more.
class B misdemeanor
[APD Lexipol 346.4.1] The on-call _________________ shall be contacted to approve any FSRA crash arrest.
Vehicular Homicide Detective
[APD Lexipol 346.4.1] If no enforcement action is made at the scene of an LTS crash and any of the following criteria is missing, there will not be enough evidence needed to file criminal charges. The officer shall notify the victim there will not be a followup investigation when there is:
(a) Lack of a suspect driver description; or
(b) Lack of a suspect vehicle description; or
(c) Lack of a suspect license plate number.
[APD Lexipol 346.4.1] ____________ followup shall be handled by the Vehicular Homicide Unit.
FSRA crash
[APD Lexipol 346.4.1] Follow the reporting guidelines outlined in the ______________ section of this policy.
Crash Reports and Incident Reporting
[APD Lexipol 346.4.2 PRIVATE PROPERTY CRASHES] Officers may only take traffic enforcement action on the following violations when the crash occurs on private property:
(a) Driving While Intoxicated (DWI).
(b) Leaving the Scene (LTS).
(c) _______________
(d) Reckless Driving
(e) Offenses related to financial responsibility
Fail to Stop and Render Aid (FSRA)
[APD Lexipol 346.5 CRASH REPORTS AND INCIDENT REPORTING] Crash report forms shall only be completed _________.
or printed in ink
[APD Lexipol 346.5 CRASH REPORTS AND INCIDENT REPORTING] Most questions concerning how to fill out a crash report can be answered by referring to latest version of the Instructions to Police for Reporting Crashes (CR100) available online through TxDOT. Officers __________ comply with the instructions in this manual.
shall
[APD Lexipol 346.5 CRASH REPORTS AND INCIDENT REPORTING] (c) A change or modification of a crash report prepared by a peace officer that alters a material fact in the report may be made only by _____________.
the peace officer who prepared the report
[APD Lexipol 346.5 CRASH REPORTS AND INCIDENT REPORTING] A supplemental report may be made by __________ (Tex. Transp. Code § 550.068).
any authorized employee
[APD Lexipol 346.5.1 CRASH REPORTS] 1. Unless otherwise specified by this policy, officers may issue the drivers a "Blue
Form" if the crash meets the following criteria:
(a) ___________________ ; and
(b) The vehicles involved are safely operable.
there is no report of injury
[APD Lexipol 346.5.1 CRASH REPORTS]
_____________ are eligible for a "Blue Form" if there is no report of injury; and the vehicles involved are safely operable.
LTS incidents
[APD Lexipol 346.5.1 CRASH REPORTS] requires a Texas Peace Officer's Crash Report (CR3): (a) Crashes involving any ____________ or death.
injury (complaint of pain or any visible injury)
[APD Lexipol 346.5.1 CRASH REPORTS] requires a Texas Peace Officer's Crash Report (CR3): (c) Crashes in which _____________ is suspected.
impairment of the driver due to alcohol or drugs
[APD Lexipol 346.5.1 CRASH REPORTS] requires a Texas Peace Officer's Crash Report (CR3): (d) Crashes requiring a ____________ due to damage caused by the crash.
wrecker
[APD Lexipol 346.5.1 CRASH REPORTS] requires a Texas Peace Officer's Crash Report (CR3): (e) Crashes involving ___________ leased or owned vehicles as outlined in the sections below.
APD, AFD, or EMS
[APD Lexipol 346.5.1 CRASH REPORTS] requires a Texas Peace Officer's Crash Report (CR3): (f) ______ crashes.
FSRA
[APD Lexipol 346.5.1 CRASH REPORTS] requires a Texas Peace Officer's Crash Report (CR3): (g) When it is determined to be in the best interest of the _______________.
Department or public
[APD Lexipol 346.5.1 CRASH REPORTS] requires a Texas Peace Officer's Crash Report (CR3): 2. If a crash involves a ________________ and meets one of the requirements for completing a CR3, the _______________ section of the CR3 shall also be completed.
commercial motor vehicle
[APD Lexipol 346.5.2 APD INCIDENT REPORTING] officers shall also complete
a detailed incident report when crashes involve any of the following: Life threatening injury or ______.
death
[APD Lexipol 346.5.2 APD INCIDENT REPORTING] officers shall also complete
a detailed incident report when crashes involve any of the following:
(b) ____________ due to alcohol or drugs is suspected.
Driver impairment
[APD Lexipol 346.5.2 APD INCIDENT REPORTING] officers shall also complete
a detailed incident report when crashes involve any of the following:
(c) Leaving the ______ (LTS) incident.
Scene
[APD Lexipol 346.5.2 APD INCIDENT REPORTING] officers shall also complete
a detailed incident report when crashes involve any of the following:
(d) _________ and Render Aid incident.
Failing to Stop
[APD Lexipol 346.5.2 APD INCIDENT REPORTING] officers shall also complete
a detailed incident report when crashes involve any of the following:
(e) An ____________ vehicle as outlined below.
APD leased or owned
[APD Lexipol 346.5.2 APD INCIDENT REPORTING] officers shall also complete
a detailed incident report when crashes involve any of the following:
(f) An arrest for ___________.
any offense
[APD Lexipol 346.6 CRASHES INVOLVING APD OWNED AND LEASED VEHICLES] A _____________ shall be notified of all crashes involving APD vehicles and respond to the scene to conduct an investigation:
supervisor
[APD Lexipol 346.6 CRASHES INVOLVING APD OWNED AND LEASED VEHICLES] The ___________ supervisor shall be contacted if he is on-duty.
involved employee's immediate
[APD Lexipol 346.6 CRASHES INVOLVING APD OWNED AND LEASED VEHICLES]
(b) In the event the crash involves a _____________ , the next level supervisor in the involved employee's chain of command shall be notified and assume responsibility for follow up of the incident.
commander or above
[APD Lexipol 346.6.1] Crashes involving APD vehicles that meet all of the following criteria do not require a CR3 if the involved employee's immediate supervisor approves the exception. However, an incident report shall be completed as outlined below.
1. The APD vehicle has struck another APD vehicle, a fixed object, or an animal
only; and
2. ______________ ; and
3. The damage caused is less than $1,000; and
4. The city vehicle was not operating in an emergency capacity.
there are no human injuries
[APD Lexipol 346.6.1] Crashes involving APD vehicles. An Accident Investigator shall complete:
1. A large, not to scale diagram; and 2. An incident report titled "Crash / City Vehicle" (3651), regardless of whether a CR3 is required; and 3. A CR3, if required, and notate: (a) If the unit was __________ and document the details in the Investigator's Narrative section, including the damaged vehicle unit number and city number.
operating in an emergency capacity
[APD Lexipol 346.6.1] Crashes involving APD vehicles. All involved APD employees shall complete: 1. A supplement to the original report; and 2. A __________ completely describing the circumstances of the crash.
memorandum
[APD Lexipol 346.7 CRASHES INVOLVING AFD OR EMS] (a) An Accident Investigator shall complete: 1. A large, not-to-scale diagram; and 2. A CR3 and notate: (a) If the unit was operating in an _______________ and (b) Document the AFD/EMS vehicle unit and city number and details of the crash in the Investigator's Narrative section.
emergency capacity
[APD Lexipol 346.7 CRASHES INVOLVING AFD OR EMS] (b) An incident report is not required solely based on the crash involving ____________. However, a responding officer shall complete an incident report if the crash would otherwise require a report (e.g., LTS, DWI, death).
AFD or EMS
[APD Lexipol 348.3.2 Disabled Vehicles and Stranded Motorists] ____________________ officers may push a disabled vehicle out of roadway to a safe location using their push/buddy bumpers.
if exigent circumstances exist or with the permission of the vehicle operator,
[APD Lexipol 804.4 USE OF DEPARTMENT VEHICLES TO PUSH/PULL OTHER VEHICLES] Officers have the authority to _____________ from a roadway or right-of-way if an officer determines that the property blocks the roadway or endangers public safety (Tex. Transp. Code § 545.3051).
remove personal property
[APD Lexipol 804.4 USE OF DEPARTMENT VEHICLES TO PUSH/PULL OTHER VEHICLES] (a) Some Department vehicles have push bars that are designed for and should be used to assist in moving disabled vehicles from the roadway when ___________.
reasonable and practical
[APD Lexipol 804.4 USE OF DEPARTMENT VEHICLES TO PUSH/PULL OTHER VEHICLES] Employees must use caution because improperly pushing another vehicle may cause ___________ in the Department vehicle.
the safety airbag to deploy
[APD Lexipol 804.4 USE OF DEPARTMENT VEHICLES TO PUSH/PULL OTHER VEHICLES] Employees will not push any vehicle that is _________ the Department vehicle.
significantly larger or significantly outweighs
[APD Lexipol 804.4 USE OF DEPARTMENT VEHICLES TO PUSH/PULL OTHER VEHICLES] (c) Officers are not liable for any damage to personal property removed from the roadway
or right-of-way unless the removal is carried out recklessly or in a ________ manner (Tex. Transp. Code § 545.3051).
grossly negligent
[APD Lexipol 804.4 USE OF DEPARTMENT VEHICLES TO PUSH/PULL OTHER VEHICLES] If there is a complaint of damage to any property, including the Department vehicle, as a result of pushing or pulling another vehicle from the roadway:
(a) Officers will _______________.
(b) Supervisors will inspect the alleged damage and make a determination if
the damage is the result of pushing or pulling the vehicle.
notify their supervisor
[APD Lexipol 804.4 USE OF DEPARTMENT VEHICLES TO PUSH/PULL OTHER VEHICLES] If the damage is a result of pushing or pulling the vehicle: (a)_______________ and downloaded into the Digital Crime Scene Management System using the incident number.
digital images will be taken
[APD Lexipol 804.4 USE OF DEPARTMENT VEHICLES TO PUSH/PULL OTHER VEHICLES] Supervisors will initiate a memorandum titled _________ describing the apparent damage and forward it to Risk Management through the chain-of-command.
Damage to City Property Other
PC 19.04. MANSLAUGHTER. A person commits an offense
if he ________ causes the death of an individual. Punished as a 2nd Degree Felony.
recklessly
PC 49.07. INTOXICATION ASSAULT. (a) A person commits an offense if the person, ______________ while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another. Third degree felony. (omitted non-motor vehicle parts for test review).
by accident or mistake
PC 49.08. INTOXICATION MANSLAUGHTER (a) A person commits an offense if the person operates a motor vehicle in a public place, and is intoxicated and _________ causes the death of another by accident or mistake. 2nd Degree Felony.
by reason of that intoxication
541.001 (2) Owner means, as used in reference to a vehicle, a person who has a ___________. The term: (A) includes a person entitled to use and possess a vehicle subject to a security interest; and (B) excludes a lienholder and a lessee whose lease is not intended as security.
property interest in or title to a vehicle
TC 541.201 Bus means a motor vehicle used to transport persons and designed to accommodate ___________, including the operator or a a motor vehicle, other than a taxicab, designed and used to transport persons for compensation.
more than 10 passengers
541.201 Motorcycle means a motor vehicle, other than a tractor, that is equipped with a rider's saddle and designed to have when propelled _______ wheels on the ground.
not more than 3
TC 541.201 Passenger car means a motor vehicle, other than a motorcycle, used to transport persons and designed to _________, including the operator.
accommodate 10 or fewer passengers
541.302 (5) Highway or Street means the width between ______ any part of which is open to the public for vehicular travel.
the boundary lines of a publicly maintained way
TC 541.302 (7) Laned roadway means a roadway that is divided into ____________ marked lanes for vehicular travel.
at least two clearly
Crash
Unintended event that produces injury or damage
TC 522.003 (18) Gross vehicle weight rating means the value specified by the manufacturer as the __________.
loaded weight of a single vehicle
Crash Investigation - Systematic examination and recording of all the _________ pertaining to the motor vehicle crash and the preservation of all the evidence concerning the incident. Results in determining causes and evidence to support charges of law violations. Mixture of observation and opinion
facts and conditions
Report taking, investigation
Types of investigations
Persons involved, insurance claim adjusters, lawyers, owners, police officers
Who investigates crashes
100 ft tape measure, rolotape or laser measuring device, chalk, crayon, paint, flares, warning markers, cones, flashlight, sketch paper
Equipment necessary for proper traffic crash investigation
Plan approach, set priorities, evaluate, position patrol unit to protect scene, consider other safety factors
Procedure for responding to the traffic crash scene
Severity of crash, injuries and extent of injuries, hazmat involved, utilities damaged
What to evaluate at the crash scene
Care for injured/dead, consider other safety factors, administer first aid, don't remove seriously injured unless vehicle is on fire, check surrounding area for more injuries
Managing the crash scene
Summon assistance, restore traffic flow (may need alternate route), notify proper agency if spilled fluids, crowd control, remove vehicles and debris
Traffic Control
secure property of any crash victim transported, inventory, and release/ secure vehicles and remove/if property is evidence, secure and mark evidence
Property collection
Move damaged vehicles from crash scene per policy, ensure debris is removed by persons taking charge of vehicles (ie:tow driver)
Procedure for moving vehicles from crash scene
All persons operating vehicles, injured, witnesses, and property owners
Obtain ID of:
Separate witnesses and interview separately
How to interview at crash scene
Nervousness, cooperative/uncooperative, belligerent, talkative, attitude, speech, injuries
Characteristics and behaviors of driver
Restrictions, dress, odor, examine vehicle for defects, braking failures, steering failure
Physical appearance factors
Physical conditions of roadway, debris on roadway, weather, nighttime
Physical obstructions and environmental conditions that may contribute to a crash
Type of road surface, location/type/status of traffic control devices
Record angle of line of sight for vehicles
Tire tread patterns, scuff marks, gouge marks, skid marks, paint flakes, fluids, VIN corresponds to vehicle, direction of travel
Collecting physical evidence
Evidence
An outward sign, something that furnishes proof
Types of physical evidence
skid marks, debris, vehicle damage, water spots, blood
temporary, short-lived, long-lived
Three types of evidence
Temporary evidence
Evidence that will disappear very quickly
Short-lived evidence
Evidence which will last somewhat longer but isn't permanent
Long-lived evidence
Evidence which will still be available long after the crash
Debris
Loose material scattered along the road as a result of the crash
Under-body debris, vehicle parts, vehicle fluids, solid cargo, road material, blood
6 types of debris
Tire prints, skid marks, scuff marks, ruts
4 types of tire marks
Nomograph
Graph on which 3 or more scales are arranged so that a straight line drawn through values on any 2 will cross the 3rd at a corresponding value. For crashes, determines minimum speed
Injury, death, debilitating damage
Must notify a peace officer of a crash if:
Check for injuries
First thing to do upon crash scene arrival
Check for injuries, clear roadway, ID drivers, ID vehicles, retrieve brown forms, determine violations, release drivers with no citations, issue any citations
Steps upon arrival of a crash scene
CR-3
Texas Peace Officer's Crash Report
[APD Lexipol 350] Impound definition - Impound of a motor vehicle means the taking of a vehicle from a __________ or public thoroughfare, and in some instances a public place, into actual constructive police custody. It is the removal of a vehicle from where it is initially located, and may also include continued retention of the vehicle in a garage, vehicle storage facility, or other place of safekeeping.
street, alley, highway, sidewalk
[APD Lexipol 350] The following are situations/circumstances which do not constitute an impound.

(a) The towing/removal of a vehicle from the scene of a crash ____________.
due to damage.
[APD Lexipol 350] The following are situations/circumstances which do not constitute an impound.

(b) The removal of an unauthorized vehicle from a __________ by the person who has care, custody and control of the lot.
private parking lot
[APD Lexipol 350] The following are situations/circumstances which do not constitute an impound.

(c) Persons engaged in ________ relocating vehicles to a nearby place of safety.
construction, street repair, etc.
[APD Lexipol 350] The following are situations/circumstances which do not constitute an impound.

(d) The towing of a vehicle seized by police _____________.
under applicable forfeiture proceedings.
[APD Lexipol 350] What is a request wrecker?
An APD approved wrecker that is requested by the driver or owner of a vehicle.
[APD Lexipol 350] What is a rotation wrecker?
An APD approved wrecker that is on a rotation list maintained by Communications.
[APD Lexipol 350.2.1] Towing Situations: Vehicles disabled due to a traffic crash that ________ from the scene regardless of whether the driver is arrested.
must be removed
[APD Lexipol 350.2.1] Towing Situations: All other _______ where the driver is on-scene, officers are providing
assistance and the driver is requesting the vehicle be towed.
disabled vehicles
[APD Lexipol 350.2.2 DRIVING A NONCITY VEHICLE] Non-City
vehicles should not be driven by police personnel unless it is necessary to ________ to eliminate a hazard, prevent the obstruction of traffic or to comply with posted signs.
move a vehicle a short distance
[APD Lexipol 350.3] The decision to impound may be made by __________ as long as the vehicle is in violation of any City ordinance related to traffic or parking, or constitutes a traffic hazard.
any officer
[APD Lexipol 350.3.1 Authorized Impounds] (a) If the operator of the vehicle ____________ and the vehicle is otherwise safely operable the vehicle may be impounded.
has been arrested
[APD Lexipol 350.3.1 Authorized Impounds] A vehicle may be impounded If it is an abandoned vehicle or ___________ as defined in the Texas Transportation Code.
junked/nuisance vehicle
[APD Lexipol 350.3.1 Authorized Impounds] A vehicle may be impounded If it is listed in the ________ as a "Stop, ID and Impound" (e.g., UUMV).
BOLO file
[APD Lexipol 350.3.1 Authorized Impounds] A vehicle may be impounded due to any _______________ the safety of the vehicle is imperiled and it cannot be moved to a safe place by other means.
catastrophe, emergency or unusual circumstances
[APD Lexipol 350.3.1 Authorized Impounds] A vehicle may be impounded if the vehicle (including non-motorized) is a(n) _________________ to persons or property because of the vehicle's location and/or condition.
immediate and substantial hazard
[APD Lexipol 350.3.1 Authorized Impounds] A vehicle may be impounded if the vehicle (including non-motorized) is unattended and parked, stopped or left standing upon any alley, highway, street, sidewalk, or other thoroughfare within the
City in apparent violation of state law or City ordinance and the vehicle:
1. Has been ticketed for illegal parking at least ten (10) minutes before beginning the impound process and the vehicle is in:
(a) A commercial delivery zone; or
(b) Any area on a public roadway or alley marked "___________."
2. Is obviously obstructing the safe and orderly flow of vehicular and/or pedestrian traffic and it is impractical to move the vehicle to a nearby location.
No Parking/TowAway Zone
[APD Lexipol 350.3.1 Authorized Impounds] A vehicle may be impounded if Municipal Court has issued an order that a specific vehicle be impounded due to ____________.
outstanding parking citations
[APD Lexipol 350.3.1 Authorized Impounds] A vehicle may be impounded if there is _________________ to believe that the vehicle:
1. Is the instrument, fruit, or evidence of a crime; or
2. Contains an instrument, fruit or evidence of a crime; or
3. Other means of effecting the gathering or security of evidence at the immediate location of the vehicle is not readily available, or appears futile.
articulable probable cause
[APD Lexipol 350.3.2 IMPOUND PROCEDURES] A vehicle is considered ___________ once the wrecker has been called by
Communications.
impounded
[APD Lexipol 350.3.2 IMPOUND PROCEDURES] In the event that the owner/operator of the operable vehicle arrives _______ impound wrecker, officers should attempt to cancel the wrecker.
before the
[APD Lexipol 350.3.2 IMPOUND PROCEDURES] If the authorized impound wrecker cannot be canceled, the ____________ of the vehicle must settle with the authorized impound wrecker service by payment
of a standard fee at the scene or the vehicle will be impounded by the wrecker.
owner/operator
[APD Lexipol 350.3.2 IMPOUND PROCEDURES] When a vehicle is impounded, the impounding officer __________, if available, to the wrecker driver.
will deliver the ignition key
[APD Lexipol 350.3.2 IMPOUND PROCEDURES] When impounding a vehicle a _________ will be issued in all cases in which the vehicle was impounded for a parking violation.
parking citation
[APD Lexipol 350.3.2 IMPOUND PROCEDURES] Anytime a vehicle is actually impounded or moved, officers will: 1. Complete an incident report entitled "Impounded/Moved Vehicle" and identify the vehicle, location, time, registered owner, wrecker service, and show justification for the impound.
2. Complete an APD Wrecker/Impound Report and provide the __________ with the appropriate copy.
contracted wrecker service driver
[APD Lexipol 350.3.3 HOLDS ON IMPOUNDED VEHICLES] A hold may be placed on _______ when the vehicle was involved in a criminal incident and it is necessary to establish
the identity of the person who will attempt to claim the vehicle.
an impounded vehicle
[APD Lexipol 350.3.3 HOLDS ON IMPOUNDED VEHICLES] A hold may be placed on an impounded vehicle when there is a need to secure the vehicle for_________ (e.g., homicide, stolen property, a vehicular fatality, vehicle to be forfeited).
evidentiary reasons
[APD Lexipol 350.3.3 HOLDS ON IMPOUNDED VEHICLES] A hold shall only be authorized ___________. The employee number of the authorizing supervisor or investigator shall be placed on the "approved by" line on the APD Wrecker/Impound Report and the impounding officer shall document the hold in their incident report.
by a supervisor or the appropriate Investigative Unit
[APD Lexipol 350.3.3 HOLDS ON IMPOUNDED VEHICLES] The initial hold placed on an impounded vehicle shall be in effect for _________. A hold may be lifted by the appropriate Investigative Unit before the ________ expires, or extended if continued retention is necessary.
72 hours
[APD Lexipol 350.4] In all incidents where a vehicle is impounded or moved, officers will make a(n) _________ of the vehicle for damage and any items of personal property to protect the property while it remains in police custody and to protect against claims or disputes over lost or stolen property. The damage and inventory is to be listed on the APD Wrecker/Impound Report.
inventory
[APD Lexipol 350.4] The scope of an inventory will include the __________ and areas in a vehicle where a person ordinarily would store or leave items of personal property
exterior for body damage
[APD Lexipol 350.4] While performing a vehicle inventory officers may inspect the passenger compartment, trunk, console, glove box, open and closed containers, and attached locked containers (e.g., toolbox)
____________.
if the key is readily available
[APD Lexipol 350.4] Vehicle inventory will include contents of locked containers (e.g., briefcase, footlockers) if the key or combination is readily available. If the key is unavailable, containers/compartments may be opened with __________.
supervisor's approval
[APD Lexipol 350.4] Unless placed with the prisoner's property at Central Booking, any personal items removed from the vehicle by the impounding officer will be:
1. Listed and described on the _____________ and the property section of the incident report; and
2. Turned into the Evidence Room in accordance with Department policy.
APD Wrecker/Impound Report
[APD Lexipol 350.4] If an item of contraband, or fruit or instrument of a crime is found during a vehicle inventory, it _______ and the person in possession of the vehicle arrested for the appropriate offense(s).
may be seized
TC 541.401 (7) Personal injury means an injury to any part of the human body and __________.
requires treatment
TC 541.401 (8) Right-of-way means the right of one vehicle or pedestrian to proceed in a lawful manner in _________ or pedestrian that is approaching from a direction, at a speed, and within a proximity that could cause a collision unless one grants precedence to the other.
preference to another vehicle
YAW MARKS
- follow a curve pattern
- caused by steering
-still going forward, somewhat off course
-determines actual speed
Sec. 545.062. FOLLOWING DISTANCE. (a) An operator shall, if following another vehicle, maintain an ________ 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.
assured clear distance
Sec. 545.062. FOLLOWING DISTANCE. (b) An operator of a truck or of a motor vehicle drawing another vehicle who is on a roadway outside a business or residential district and who is following another truck or motor vehicle drawing another vehicle shall, if conditions permit, leave __________ so that a vehicle passing the operator can safely enter and occupy the space. This subsection does not prohibit a truck or a motor vehicle drawing another vehicle from passing another vehicle.
sufficient space between the vehicles
Sec. 545.062. FOLLOWING DISTANCE. (c) An operator on a roadway outside a business or residential district __________ of other vehicles or a motorcade shall allow sufficient space between the operator and the vehicle preceding the operator so that another vehicle can safely enter and occupy the space. This subsection does not apply to a funeral procession.
driving in a caravan
Sec. 545.151. VEHICLE APPROACHING OR ENTERING INTERSECTION. (a) An operator approaching an intersection: (1) shall _____________ of the intersection in obedience to an official traffic-control device or if a traffic-control signal is present but does not display an indication in any of the signal heads; and after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway.
stop, yield, and grant immediate use
Sec. 545.151. VEHICLE APPROACHING OR ENTERING INTERSECTION. (b) An operator on a single-lane, or two-lane street or roadway who approaches an intersection that is not controlled by an official traffic-control device and that is located on a divided highway or on a street or roadway divided into ____________ marked traffic lanes, or from an unpaved road to a paved road, shall stop, yield, and grant immediate use of the intersection to a vehicle on the other street or roadway that is within the intersection or approaching the intersection in such proximity as to be a hazard; and after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway.
three or more
Sec. 545.151. VEHICLE APPROACHING OR ENTERING INTERSECTION. (e) An operator approaching an intersection of a street or roadway from a street or roadway ________ at the intersection shall stop and yield right of way.
that terminates
TC 545.151 An operator who is required by TC 545.151 to stop and yield the right-of-way at an intersection to another vehicle and who is involved in a ______ or interferes with other traffic at the intersection to whom right-of-way is to be given is presumed not to have yielded the right-of-way.
collision
TC Sec. 545.152. VEHICLE TURNING LEFT. To turn left at an intersection or into an alley or private road or driveway, an operator shall ________ to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an immediate hazard.
yield the right-of-way
TC Sec. 545.256. EMERGING FROM AN ALLEY, DRIVEWAY, OR BUILDING. An operator emerging from an __________ in a business or residence district shall stop the vehicle before moving on a sidewalk or the sidewalk area extending across an alley or driveway; yield the right-of-way to a pedestrian and approaching vehicles to avoid collision.
alley, driveway, or building
TC Sec. 545.3051 An authority or a law enforcement agency may remove personal property from a roadway or right-of-way if the authority or law enforcement agency determines that the property blocks the roadway or _________.
endangers public safety
TC Sec. 545.3051 Personal property may be removed under this section without the ________ or carrier of the property.
consent of the owner
TC Sec. 545.3051 The owner and any carrier of personal property removed under this section ________ the authority or law enforcement agency for any reasonable cost of removal and disposition of the property.
shall reimburse
TC Sec. 545.3051 Notwithstanding any other provision of law, an authority or a law enforcement agency is not liable for any damage to personal property removed from a roadway or right-of-way under this section, unless the removal is carried out ___________; or any damage resulting from the failure to exercise the authority granted by this section.
recklessly or in a grossly negligent manner
Phase I: Vehicle in Motion
Should I stop the vehicle? What is the vehicle doing? Do I have grounds to stop? How does the driver respond to my signal to stop? How does driver handle the vehicle stopping sequence?
Phase II: Personal Contact
When I approach what do I see, hear & smell? How does driver respond to my questions? Should I instruct driver to exit vehicle? How does driver exit? When driver walks to side of road what do I see?
Phase III Pre-arrest Screening
Psychophysical (Field) sobriety testing
Preliminary breath testing
Nystagmus
A persistent, rapid, involuntary, and oscillatory movement of the eyeball, usually from side to side.
Types of Vestibular nystagmus
Rotational, post-rotational, caloric, positional alcohol Nystagmus
Rotational Nystagmus
Nystagmus caused by spinning
post-rotational nystagmus
Nystagmus caused after spinning, lasts about a minute
Caloric Nystagmus
Heat differences WITHIN the ear canals, for example, warm water in one ear, cold water in the other. Must be a liquid within the ear canal, not air temperature differences. Makes one very nauseated.
Positional Alcohol Nystagmus
The sensation of the world spinning around you typically while laying down; caused by gravity inequalities within the blood and the vestibular system
Gaze nystagmus
Three types: horizontal gaze nystagmus, vertical gaze nystagmus, resting nystagmus
Horizontal Gaze Nystagmus
jerking of eyes as eyes move from side to side
Vertical gaze nystagmus
jerking of eyes as eyes move from down to up
Resting nystagmus
Jerking when viewing straight ahead; Indicative of medical condition OR high doses of dissociative anesthetic eg PCP
ALWAYS START
moving stimulus to YOUR right, suspect's left.
Onset of Nystagmus Prior to 45 degrees
At least four seconds from center to 45 deg; tip: use inside of shoulder as 45 deg estimation. At least two passes per eye.
One leg stand clues
1: Sway while balancing. Noticeable sway (eg that which can be seen by camera; 2: uses arms to balance (>6"); 3: hops; 4: puts foot down.
OLS Instructions
Put both feet together, heels & toes together, and don't move until I tell you to do so, do you understand? When I tell you, pick a foot, either one, and raise it 6" off the ground. Point your tow and look at the raised foot, and count out loud, "1001, 1002, 1003" until I tell you to stop, do you understand? When I say begin, look at your foot, count out loud so I can hear, keep your arms at your sides and keep both legs straight. Do you understand? (CHECK AND LOOK AT WATCH) You may begin
Walk and Turns 1
I want you to imagine a line on the ground. Place your left foot on the line, and place your right foot in front of your left so that your right heel touches your left toes. Place your arms at your side and don't move or start the test until I tell you to do so, do you understand?
Walk and turns 2
When I say begin, take 9 heel-to-toe steps, turn in a manner I show you, and take 9 heel to toe steps back. Do you understand?
(Demonstrate by taking 3 steps, explain turning, and taking 3 steps back)
Walk and Turns: Big 4 Instructions
When I say begin, look at your feet while you are counting, count out loud so I can hear, keep your arms at your sides, and don't stop until you complete the return 9 steps. Do you understand?
You may begin.
The average DWI violator commits that violation how many time a year?
80
In typical law enforcement jurisdictions one DWI violation in ______ results in arrest?
1 in 2000
Name the 3 different chemicals that are alcohols
Ethyl (Ethanol) Methyl (Methanol) Isopropyl (Isopropanol)
What is the beverage alcohol?
Ethanol/Ethyl
What is the chemical symbol for beverage alcohol?
ETOH
What is the name of the chemical process by which beverage alcohol is produced naturally?
fermentation
What is the name of the chemical process used to produce high concentration beverage alcohol?
distillation
Blood alcohol concentration is the number of ________ of alcohol in every 100 milliliters of blood
grams
What is the "proof" of an alcoholic beverage mean?
the doubled alcohol concentration
Every chemical in alcohol contains what 3 elements?
Carbon, Hydrogen, Oxygen
Most alcohol is absorbed in the blood via
the small intestine
What is the name of the muscle that controls the passage from the stomach to the lower gastrointestinal tract?
pylorus
In which organ of the body does the most metabolism take place?
liver
What is the name of the enzyme that aids the metabolism of alcohol?
alcohol dehydrogenase
Once a person reaches there peak BAC, it will drop at a rate of ________ per hour.
0.015
Elements of the BASIC DWI LAW
1) a person in question 2) was operating or in physical control of 3) a vehicle 4) while under the influence of alcohol. Another drug or both
Standard proof of a DWI offense is
proof beyond a reasonable doubt
Purpose of the Implied Consent Law is:
to determine the alcohol/drug content in a persons blood.
Under Implied Consent Law, a chemical test evidence is
blood
the Illegal Per Se Law makes it unlawful to
operate or be in actual physical control of any vehicle within the state while having a BAC at or above the states level.
PBT law permits officers to request a driver suspected of DWI to
submit to an on the spot breath test prior to arresting the driver for DWI
PBT results are used to help determine
probable cause and whether or not an arrest should be made.
DWI detection is defined as
the entire process of identifying and gathering evidence to determine whether or not a suspect should be arrested for a DWI offense.
3 phases for typical DWI contact are:
Phase 1: vehicle in motion Phase 2: personal contact Phase 3: pre arrest screening
The 3 different outcomes are
Yes-Do it Now Wait-Look for more evidence No- Don't do it
In each phase an officer must determine
if there is enough reasonable suspicion to proceed to the next stop
Evidence of DWI is largely _________ in nature
sensory
Testimony preparation begins
at the time of the DWI incident (arrest)
Things an officer should do to prepare for a testimony before trial
Review Notes, Review Tape, Review Case, talk to prosecutor, mentally organize elements and testimony
An officers testimony should be organized
chronologically and should cover each phase of the DWI incident
The chemical test results are included in the arresting officers testimony if
you were the arresting officer and the suspect provided a specimen
2 major evidence gathering tasks in phase 2 are
face to face observation and observation of exit and walk
The major decision of phase 2 is
Should I have the driver exit the vehicle
Clues an officer may SEE during Phase 2
bloodshot eyes, soiled clothing, alcohol containers/bottles/drinks
Clues an officer may HEAR during Phase 2
slurred speech, inconsistent statements, being lied to
Clues an officer may SMELL during Phase 2
odor of alcohol, Odor or drugs, masking odors (cologne, gum, vomit)
3 techniques an officer might use when asking questions
Ask unusual questions, ask regular questions, interupting questions
Countdown Technique requires a subject to
Count numbers backwards while sitting in a car.
Leaning against a vehicle would most likely be observed during
the exiting of the vehicle and personal contact phase
Walk and Turn is an example of
divided attention field sobriety test
49.031 Possession of Alcoholic Beverage in a Motor Vehicle
A person,

knowingly

possesses an open container in a passenger area of a motor vehicle

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.

Not including passengers in a bus, taxicab, or limousine; or for any living quarters of a motorized house coach or self-contained camper, motor home, or a RV.

Class C misdemeanor.

No custody arrest. Shall issue a written citation if the person makes a written promise to appear .
49.04 Driving While Intoxicated
A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

Class B misdemeanor

(b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

Class B for first offense, second offense Class A, 3rd offense 3rd Degree Felony. with a child - <15 yoa SJF.
49.07 Intoxication Assault
Sec. 49.07. 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

49.09 (b-1) An offense under Section 49.07 is a

felony of the second degree

if it is shown on the trial of the offense that the person caused serious bodily injury to a peace officer, a firefighter, or emergency medical services personnel while in the actual discharge of an official duty.

(b) In this section, "serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
49.08 Intoxication Manslaughter
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.

49.09 (b-2) An offense under Section 49.08 is a

felony of the first degree

if it is shown on the trial of the offense that the person caused the death of a peace officer, a firefighter, or emergency medical services personnel while in the actual discharge of an official duty.
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. "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 glove compartment or similar storage container that is locked; the trunk of a vehicle; or the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.
Sec. 49.09. ENHANCED OFFENSES AND PENALTIES. Enhancement to Class A from Class B for previous Conviction
(a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated.
Sec. 49.09. ENHANCED OFFENSES AND PENALTIES. Enhancement to 3rd Degree Felony from Class B for previous conviction(s)
(b) An offense under Section 49.04, 49.05, 49.06, or 49.065 is a felony of the third degree if it is shown on the trial of the offense that the person has previously been convicted:

(1) one time of an offense under Section 49.08 or an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense under Section 49.08; or

(2) two times of any other offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated.
Sec. 724.011. 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. (b) A person arrested for an offense described by Subsection (a) may consent to submit to the taking of any other type of specimen to determine the person's alcohol concentration.
Sec. 724.012. TAKING OF SPECIMEN
(a) One or more specimens of a person's breath or blood may be taken if the person is arrested and at the request of a peace officer having reasonable grounds to believe the person: (1) while intoxicated was operating a motor vehicle in a public place, or a watercraft; or (2) was in violation of Section 106.041, Alcoholic Beverage Code. (b) A peace officer shall require the taking of a specimen of the person's breath or blood under any of the following circumstances if the officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft and the person refuses the officer's request to submit to the taking of a specimen voluntarily: (1) the person was the operator of a motor vehicle or a watercraft involved in an accident that the officer reasonably believes occurred as a result of the offense and, at the time of the arrest, the officer reasonably believes that as a direct result of the accident: (A) any individual has died or will die; (B) an individual other than the person has suffered serious bodily injury; or (C) an individual other than the person has suffered bodily injury and been transported to a hospital or other medical facility for medical treatment; (2) the offense for which the officer arrests the person is an offense under Section 49.045, Penal Code; or (3) at the time of the arrest, the officer possesses or receives reliable information from a credible source that the person: (A) has been previously convicted of or placed on community supervision for an offense under Section 49.045, 49.07, or 49.08, Penal Code, or an offense under the laws of another state containing elements substantially similar to the elements of an offense under those sections; or

(B) on two or more occasions, has been previously convicted of or placed on community supervision for an offense under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an offense under the laws of another state containing elements substantially similar to the elements of an offense under those sections.

(c) The peace officer shall designate the type of specimen to be taken.

(d) In this section, "bodily injury" and "serious bodily injury" have the meanings assigned by Section 1.07, Penal Code.
Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE REQUESTING SPECIMEN
Before requesting a person to submit to the taking of a specimen, the officer shall inform the person orally and in writing that: (1) if the person refuses to submit to the taking of the specimen, that refusal may be admissible in a subsequent prosecution; (2) if the person refuses to submit to the taking of the specimen, the person's license to operate a motor vehicle will be automatically suspended, whether or not the person is subsequently prosecuted as a result of the arrest, for not less than 180 days; (3) if the person is 21 years of age or older and submits to the taking of a specimen designated by the officer and an analysis of the specimen shows the person had an alcohol concentration of a level specified by Chapter 49, Penal Code, the person's license to operate a motor vehicle will be automatically suspended for not less than 90 days, whether or not the person is subsequently prosecuted as a result of the arrest; (4) if the person is younger than 21 years of age and has any detectable amount of alcohol in the person's system, the person's license to operate a motor vehicle will be automatically suspended for not less than 60 days even if the person submits to the taking of the specimen, but that if the person submits to the taking of the specimen and an analysis of the specimen shows that the person had an alcohol concentration less than the level specified by Chapter 49, Penal Code, the person may be subject to criminal penalties less severe than those provided under that chapter; (5) if the officer determines that the person is a resident without a license to operate a motor vehicle in this state, the department will deny to the person the issuance of a license, whether or not the person is subsequently prosecuted as a result of the arrest, under the same conditions and for the same periods that would have applied to a revocation of the person's driver's license if the person had held a driver's license issued by this state; and (6) the person has a right to a hearing on the suspension or denial if, not later than the 15th day after the date on which the person receives the notice of suspension or denial or on which the person is considered to have received the notice by mail as provided by law, the department receives, at its headquarters in Austin, a written demand, including a facsimile transmission, or a request in another form prescribed by the department for the hearing.
Sec. 724.016. BREATH SPECIMEN
A breath specimen taken at the request or order of a peace officer must be taken and analyzed under rules of the department by an individual possessing a certificate issued by the department certifying that the individual is qualified to perform the analysis. (b) The department may: (1) adopt rules approving satisfactory analytical methods; and (2) ascertain the qualifications of an individual to perform the analysis. (c) The department may revoke a certificate for cause.
Sec. 724.017. BLOOD SPECIMEN
a) Only a physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse may take a blood specimen at the request or order of a peace officer under this chapter. The blood specimen must be taken in a sanitary place. (b) If the blood specimen was taken according to recognized medical procedures, the person who takes the blood specimen under this chapter, the facility that employs the person who takes the blood specimen, or the hospital where the blood specimen is taken is immune from civil liability for damages arising from the taking of the blood specimen at the request or order of the peace officer or pursuant to a search warrant as provided by this chapter and is not subject to discipline by any licensing or accrediting agency or body. This subsection does not relieve a person from liability for negligence in the taking of a blood specimen. The taking of a specimen from a person who objects to the taking of the specimen or who is resisting the taking of the specimen does not in itself constitute negligence and may not be considered evidence of negligence. (c) In this section, qualified technician does not include emergency medical services personnel. (d) A person whose blood specimen is taken under this chapter in a hospital is not considered to be present in the hospital for medical screening or treatment unless the appropriate hospital personnel determine that medical screening or treatment is required for proper medical care of the person.
Sec. 724.019. ADDITIONAL ANALYSIS BY REQUEST.
(a) A person who submits to the taking of a specimen of breath, blood, urine, or another bodily substance at the request or order of a peace officer may, on request and within a reasonable time not to exceed two hours after the arrest, have a physician, qualified technician, chemist, or registered professional nurse selected by the person take for analysis an additional specimen of the person's blood. (b) The person shall be allowed a reasonable opportunity to contact a person specified by Subsection (a). (c) A peace officer or law enforcement agency is not required to transport for testing a person who requests that a blood specimen be taken under this section. (d) The failure or inability to obtain an additional specimen or analysis under this section does not preclude the admission of evidence relating to the analysis of the specimen taken at the request or order of the peace officer. (e) A peace officer, another person acting for or on behalf of the state, or a law enforcement agency is not liable for damages arising from a person's request to have a blood specimen taken.
Sec. 724.031. STATEMENT REQUESTED ON REFUSAL.
If a person refuses the request of a peace officer to submit to the taking of a specimen, the peace officer shall request the person to sign a statement that: (1) the officer requested that the person submit to the taking of a specimen; (2) the person was informed of the consequences of not submitting to the taking of a specimen; and (3) the person refused to submit to the taking of a specimen.
Sec. 724.032. 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. (b) The director must approve the form of the refusal report. The report must: (1) show the grounds for the officer's belief that the person had been operating a motor vehicle or watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above while intoxicated; and (2) contain a copy of: (A) the refusal statement requested under Section 724.031; or (B) a statement signed by the officer that the person refused to: (i) submit to the taking of the requested specimen; and (ii) sign the requested statement under Section 724.031. (c) The officer shall forward to the department not later than the fifth business day after the date of the arrest: (1) a copy of the notice of suspension or denial; (2) any license taken by the officer under Subsection (a); (3) a copy of any temporary driving permit issued under Subsection (a); and (4) a copy of the refusal report. (d) The department shall develop forms for notices of suspension or denial and temporary driving permits to be used by all state and local law enforcement agencies. (e) 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.
Sec. 724.033. ISSUANCE BY DEPARTMENT OF NOTICE OF SUSPENSION OR DENIAL OF LICENSE.
a) On receipt of a report of a peace officer under Section 724.032, if the officer did not serve notice of suspension or denial of a license at the time of refusal to submit to the taking of a specimen, the department shall mail notice of suspension or denial, by first class mail, to the address of the person shown by the records of the department or to the address given in the peace officer's report, if different. (b) Notice is considered received on the fifth day after the date it is mailed.
Sec. 724.034. CONTENTS OF NOTICE OF SUSPENSION OR DENIAL OF LICENSE.
A notice of suspension or denial of a license must state: (1) the reason and statutory grounds for the action; (2) the effective date of the suspension or denial; (3) the right of the person to a hearing; (4) how to request a hearing; and (5) the period in which a request for a hearing must be received by the department.
Sec. 724.035. SUSPENSION OR DENIAL OF LICENSE.
(a) If a person refuses the request of a peace officer to submit to the taking of a specimen, the department shall: (1) suspend the person's license to operate a motor vehicle on a public highway for 180 days; or (2) if the person is a resident without a license, issue an order denying the issuance of a license to the person for 180 days. (b) The period of suspension or denial is two years if the person's driving record shows one or more alcohol-related or drug-related enforcement contacts, as defined by Section 524.001(3), during the 10 years preceding the date of the person's arrest. (c) A suspension or denial takes effect on the 40th day after the date on which the person: (1) receives notice of suspension or denial under Section 724.032(a); or (2) is considered to have received notice of suspension or denial under Section 724.033.
Sec. 724.041. HEARING ON SUSPENSION OR DENIAL.
(a) If, not later than the 15th day after the date on which the person receives notice of suspension or denial under Section 724.032(a) or is considered to have received notice under Section 724.033, the department receives at its headquarters in Austin, in writing, including a facsimile transmission, or by another manner prescribed by the department, a request that a hearing be held, the State Office of Administrative Hearings shall hold a hearing. (b) A hearing shall be held not earlier than the 11th day after the date the person is notified, unless the parties agree to waive this requirement, but before the effective date of the notice of suspension or denial. (c) A request for a hearing stays the suspension or denial until the date of the final decision of the administrative law judge. If the person's license was taken by a peace officer under Section 724.032(a), the department shall notify the person of the effect of the request on the suspension of the person's license before the expiration of any temporary driving permit issued to the person, if the person is otherwise eligible, in a manner that will permit the person to establish to a peace officer that the person's license is not suspended. (d) A hearing shall be held by an administrative law judge employed by the State Office of Administrative Hearings. (e) A hearing shall be held: (1) at a location designated by the State Office of Administrative Hearings: (A) in the county of arrest if the county has a population of 300,000 or more; or (B) in the county in which the person was alleged to have committed the offense for which the person was arrested or not more than 75 miles from the county seat of the county of arrest if the population of the county of arrest is less than 300,000; or (2) with the consent of the person requesting the hearing and the department, by telephone conference call. (f) The State Office of Administrative Hearings shall provide for the stenographic or electronic recording of a hearing under this subchapter
Sec. 724.042. ISSUES AT HEARING.
The issues at a hearing under this subchapter are whether: (1) reasonable suspicion or probable cause existed to stop or arrest the person; (2) probable cause existed to believe that the person was: (A) operating a motor vehicle in a public place while intoxicated; or (B) operating a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above while intoxicated; (3) the person was placed under arrest by the officer and was requested to submit to the taking of a specimen; and (4) the person refused to submit to the taking of a specimen on request of the officer.
Sec. 724.044. WAIVER OF RIGHT TO HEARING.
A person waives the right to a hearing under this subchapter and the department's suspension or denial is final and may not be appealed if the person: (1) fails to request a hearing under Section 724.041; or (2) requests a hearing and fails to appear, without good cause.
Sec. 724.046. REINSTATEMENT OF LICENSE OR ISSUANCE OF NEW LICENSE.
a) A license suspended under this chapter may not be reinstated or a new license issued until the person whose license has been suspended pays to the department a fee of $125 in addition to any other fee required by law. A person subject to a denial order issued under this chapter may not obtain a license after the period of denial has ended until the person pays to the department a fee of $125 in addition to any other fee required by law. (b) If a suspension or denial under this chapter is rescinded by the department, an administrative law judge, or a court, payment of the fee under this section is not required for reinstatement or issuance of a license. (c) Each fee collected under this section shall be deposited to the credit of the Texas mobility fund.
Sec. 524.001. Adult
means an individual 21 years of age or older. Alcohol-related or drug-related enforcement contact means a driver's license suspension, disqualification, or prohibition order under the laws of this state or another state resulting from: (A) a conviction of an offense prohibiting the operation of a motor vehicle or watercraft while: (i) intoxicated; (ii) under the influence of alcohol; or (iii) under the influence of a controlled substance; (B) a refusal to submit to the taking of a breath or blood specimen following an arrest for an offense prohibiting the operation of a motor vehicle or an offense prohibiting the operation of a watercraft, if the watercraft was powered with an engine having a manufacturer's rating of 50 horsepower or more, while: (i) intoxicated; (ii) under the influence of alcohol; or (iii) under the influence of a controlled substance; or (C) an analysis of a breath or blood specimen showing an alcohol concentration of a level specified by Section 49.01, Penal Code, following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated. Arrest includes the taking into custody of a child, as defined by Section 51.02, Family Code. Department means the Department of Public Safety. Director means the public safety director of the department. Driver's license has the meaning assigned by Section 521.001. The term includes a commercial driver's license or a commercial driver learner's permit issued under Chapter 522. Minor means an individual under 21 years of age.
Sec. 524.011. OFFICER'S DUTIES FOR DRIVER'S LICENSE SUSPENSION.
(a) An officer arresting a person shall comply with Subsection (b) if: (1) the person is arrested for an offense under Section 49.04, 49.045, or 49.06, Penal Code, or an offense under Section 49.07 or 49.08 of that code involving the operation of a motor vehicle or watercraft, submits to the taking of a specimen of breath or blood and an analysis of the specimen shows the person had an alcohol concentration of a level specified by Section 49.01(2)(B), Penal Code; or (2) the person is a minor arrested for an offense under Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.045, or 49.06, Penal Code, or an offense under Section 49.07 or 49.08, Penal Code, involving the operation of a motor vehicle or watercraft and: (A) the minor is not requested to submit to the taking of a specimen; or (B) the minor submits to the taking of a specimen and an analysis of the specimen shows that the minor had an alcohol concentration of greater than.00 but less than the level specified by Section 49.01(2)(B), Penal Code. (b) A peace officer shall: (1) serve or, if a specimen is taken and the analysis of the specimen is not returned to the arresting officer before the person is admitted to bail, released from custody, delivered as provided by Title 3, Family Code, or committed to jail, attempt to serve notice of driver's license suspension by delivering the notice to the arrested person; (2) take possession of any driver's 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 driver's license to operate a motor vehicle in this state; and (4) send to the department not later than the fifth business day after the date of the arrest: (A) a copy of the driver's license suspension notice; (B) any driver's license taken by the officer under this subsection; (C) a copy of any temporary driving permit issued under this subsection; and (D) a sworn report of information relevant to the arrest. (c) The report required under Subsection (b)(4)(D) must: (1) identify the arrested person; (2) state the arresting officer's grounds for believing the person committed the offense; (3) give the analysis of the specimen if any; and (4) include a copy of the criminal complaint filed in the case, if any. (d) A peace officer shall make the report on a form approved by the department and in the manner specified by the department. (e) The department shall develop forms for the notice of driver's license suspension and temporary driving permits to be used by all state and local law enforcement agencies. (f) 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.
Sec. 524.012. DEPARTMENT'S DETERMINATION FOR DRIVER'S LICENSE SUSPENSION.
(a) On receipt of a report under Section 524.011, if the officer did not serve a notice of suspension of driver's license at the time the results of the analysis of a breath or blood specimen were obtained, the department shall determine from the information in the report whether to suspend the person's driver's license. (b) The department shall suspend the person's driver's license if the department determines that: (1) the person had an alcohol concentration of a level specified by Section 49.01(2)(B), Penal Code, while operating a motor vehicle in a public place or while operating a watercraft; or (2) the person was a minor on the date that the breath or blood specimen was obtained and had any detectable amount of alcohol in the minor's system while operating a motor vehicle in a public place or while operating a watercraft. (c) The department may not suspend a person's driver's license if: (1) the person is an adult and the analysis of the person's breath or blood specimen determined that the person had an alcohol concentration of a level below that specified by Section 49.01(2)(B), Penal Code, at the time the specimen was taken; or (2) the person is a minor and the department does not determine that the minor had any detectable amount of alcohol in the minor's system when the minor was arrested. (d) A determination under this section is final unless a hearing is requested under Section 524.031. (e) A determination under this section: (1) is a civil matter; (2) is independent of and is not an estoppel to any matter in issue in an adjudication of a criminal charge arising from the occurrence that is the basis for the suspension; and (3) does not preclude litigation of the same or similar facts in a criminal prosecution.
Sec. 524.013. NOTICE OF DEPARTMENT'S DETERMINATION.
(a) If the department suspends a person's driver's license, the department shall send a notice of suspension by first class mail to the person's address: (1) in the records of the department; or (2) in the peace officer's report if it is different from the address in the department's records. (b) Notice is considered received on the fifth day after the date the notice is mailed. (c) If the department determines not to suspend a person's driver's license, the department shall notify the person of that determination and shall rescind any notice of driver's license suspension served on the person.
Sec. 524.014. NOTICE OF SUSPENSION.
A notice of suspension under Section 524.013 must state: (1) the reason and statutory grounds for the suspension; (2) the effective date of the suspension; (3) the right of the person to a hearing; (4) how to request a hearing; and (5) the period in which the person must request a hearing.
Sec. 524.021. SUSPENSION EFFECTIVE DATE.
(a) A driver's license suspension under this chapter takes effect on the 40th day after the date the person: (1) receives a notice of suspension under Section 524.011; or (2) is presumed to have received notice of suspension under Section 524.013. (b) A suspension under this chapter may not be probated.
Sec. 524.022. PERIOD OF SUSPENSION.
(a) A period of suspension under this chapter for an adult is: (1) 90 days if the person's driving record shows no alcohol-related or drug-related enforcement contact during the 10 years preceding the date of the person's arrest; or (2) one year if the person's driving record shows one or more alcohol-related or drug-related enforcement contacts during the 10 years preceding the date of the person's arrest. (b) A period of suspension under this chapter for a minor is: (1) 60 days if the minor has not been previously convicted of an offense under Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.045, or 49.06, Penal Code, or an offense under Section 49.07 or 49.08, Penal Code, involving the operation of a motor vehicle or a watercraft; (2) 120 days if the minor has been previously convicted once of an offense listed by Subdivision (1); or (3) 180 days if the minor has been previously convicted twice or more of an offense listed by Subdivision (1). (c) For the purposes of determining whether a minor has been previously convicted of an offense described by Subsection (b)(1): (1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by Subsection (b)(1) is considered a conviction under that provision; and (2) an order of deferred adjudication for an offense alleged under a provision described by Subsection (b)(1) is considered a conviction of an offense under that provision. (d) A minor whose driver's license is suspended under this chapter is not eligible for an occupational license under Subchapter L, Chapter 521, for: (1) the first 30 days of a suspension under Subsection (b)(1); (2) the first 90 days of a suspension under Subsection (b)(2); or (3) the entire period of a suspension under Subsection (b)(3).
Sec. 524.031. HEARING REQUEST.
If, not later than the 15th day after the date on which the person receives notice of suspension under Section 524.011 or is presumed to have received notice under Section 524.013, the department receives at its headquarters in Austin, in writing, including a facsimile transmission, or by another manner prescribed by the department, a request that a hearing be held, a hearing shall be held as provided by this subchapter.
Sec. 524.032. HEARING DATE; RESCHEDULING.
(a) A hearing requested under this subchapter shall be held not earlier than the 11th day after the date on which the person requesting the hearing is notified of the hearing unless the parties agree to waive this requirement. The hearing shall be held before the effective date of the suspension. (b) A hearing shall be rescheduled if, before the fifth day before the date scheduled for the hearing, the department receives a request for a continuance from the person who requested the hearing. Unless both parties agree otherwise, the hearing shall be rescheduled for a date not earlier than the fifth day after the date the department receives the request for the continuance. (c) A person who requests a hearing under this chapter may obtain only one continuance under this section unless the person shows that a medical condition prevents the person from attending the rescheduled hearing, in which event one additional continuance may be granted for a period not to exceed 10 days. (d) A request for a hearing stays suspension of a person's driver's license until the date of the final decision of the administrative law judge. If the person's driver's license was taken by a peace officer under Section 524.011(b), the department shall notify the person of the effect of the request on the suspension of the person's license before the expiration of any temporary driving permit issued to the person, if the person is otherwise eligible, in a manner that will permit the person to establish to a peace officer that the person's driver's license is not suspended. (a) A hearing requested under this subchapter shall be held not earlier than the 11th day after the date on which the person requesting the hearing is notified of the hearing unless the parties agree to waive this requirement. The hearing shall be held before the effective date of the suspension. (b) A hearing shall be rescheduled if, before the fifth day before the date scheduled for the hearing, the department receives a request for a continuance from the person who requested the hearing. Unless both parties agree otherwise, the hearing shall be rescheduled for a date not earlier than the fifth day after the date the department receives the request for the continuance. (c) A person who requests a hearing under this chapter may obtain only one continuance under this section unless the person shows that a medical condition prevents the person from attending the rescheduled hearing, in which event one additional continuance may be granted for a period not to exceed 10 days. (d) A request for a hearing stays suspension of a person's driver's license until the date of the final decision of the administrative law judge. If the person's driver's license was taken by a peace officer under Section 524.011(b), the department shall notify the person of the effect of the request on the suspension of the person's license before the expiration of any temporary driving permit issued to the person, if the person is otherwise eligible, in a manner that will permit the person to establish to a peace officer that the person's driver's license is not suspended.
Sec. 524.034. HEARING LOCATION.
A hearing under this subchapter shall be held: (1) at a location designated by the State Office of Administrative Hearings: (A) in the county of arrest if the arrest occurred in a county with a population of 300,000 or more; or (B) in the county in which the person is alleged to have committed the offense for which the person was arrested or not more than 75 miles from the county seat of the county in which the person was arrested; or (2) with the consent of the person and the department, by telephone conference call.
Sec. 524.036. FAILURE TO APPEAR.
A person who requests a hearing and fails to appear without just cause waives the right to a hearing and the department's determination is final.
Sec. 524.037. CONTINUANCE
(a) A continuance under Section 524.032 stays the suspension of a driver's license until the date of the final decision of the administrative law judge. (b) A suspension order may not go into effect pending a final decision of the administrative law judge as a result of a continuance granted under Section 524.039. (c) If the person's driver's license was taken by a peace officer under Section 524.011(b), the department shall notify the person of the effect of the continuance on the suspension of the person's license before the expiration of any temporary driving permit issued to the person, if the person is otherwise eligible, in a manner that will permit the person to establish to a peace officer that the person's driver's license is not suspended.
Sec. 524.038. INSTRUMENT RELIABILITY AND ANALYSIS VALIDITY.
(a) The reliability of an instrument used to take or analyze a specimen of a person's breath to determine alcohol concentration and the validity of the results of the analysis may be attested to in a proceeding under this subchapter by affidavit from the certified breath test technical supervisor responsible for maintaining and directing the operation of breath test instruments in compliance with department rule. (b) An affidavit submitted under Subsection (a) must contain statements on: (1) the reliability of the instrument and the analytical results; and (2) compliance with state law in the administration of the program. (c) An affidavit of an expert witness contesting the reliability of the instrument or the results is admissible. (d) An affidavit from a person whose presence is timely requested under this section is inadmissible if the person fails to appear at a hearing without a showing of good cause. Otherwise, an affidavit under this section may be submitted in lieu of an appearance at the hearing by the breath test operator, breath test technical supervisor, or expert witness.
Sec. 524.039. APPEARANCE OF TECHNICIANS AT HEARING.
(a) Not later than the fifth day before the date of a scheduled hearing, the person who requested a hearing may apply to the State Office of Administrative Hearings to issue a subpoena for the attendance of the breath test operator who took the specimen of the person's breath to determine alcohol concentration or the certified breath test technical supervisor responsible for maintaining and directing the operation of the breath test instrument used to analyze the specimen of the person's breath, or both. The State Office of Administrative Hearings shall issue the subpoena only on a showing of good cause. (b) The department may reschedule a hearing once not less than 48 hours before the hearing if a person subpoenaed under Subsection (a) is unavailable. The department may also reschedule the hearing on showing good cause that a person subpoenaed under Subsection (a) is not available at the time of the hearing.
Sec. 524.051. REINSTATEMENT AND REISSUANCE.
a) A driver's license suspended under this chapter may not be reinstated or another driver's license issued to the person until the person pays the department a fee of $125 in addition to any other fee required by law. (b) The payment of a reinstatement fee is not required if a suspension under this chapter is: (1) rescinded by the department; or (2) not sustained by an administrative law judge, or a court. (c) Each fee collected under this section shall be deposited to the credit of the Texas mobility fund.
SFST Clues: Horizontal Gaze Nystagmus
1. Lack of smooth pursuit
2. Distinct and sustained nystagmus at maximum deviation
3. Onset of nystagmus prior to 45 degrees
SFST Clues: Walk and Turn
Instruction stage:
1. Losing balance during instructions.
2. Starting too soon.
Walking stage:
3. Stops while walking
4. Does not touch heal to toe
5. Steps off line
6. Uses arms for balance
7. Improper turn
8. Incorrect # of steps
SFST Clues: One leg stand
1. Suspect sways while balancing
2. Uses arms for balance
3. Hops
4. Puts foot down
Peak BAC occurs approximately ______ minutes after last drink
30
SFST VALIDATION STUDY: Colorado: Conducted in _________. Correct arrest decisions were made _______% of the time.
1995 and 93
SFST VALIDATION STUDY: Florida: Conducted in _________. Correct arrest decisions were made _______% of the time.
1997 and 95
SFST VALIDATION STUDY: San Diego (California): Conducted in _________. Correct arrest decisions were made _______% of the time.
1998 and 91
If a person has an open container in a vehicle on private property, can this be used to enhance a DWI conviction penalty (PC 49.04) and/or is it illegal to have an open container in a vehicle on private property under PC 49.031?
No. 49.031 (Open Container) requires the vehicle be "located on a public highway". If the operator is on a public highway, according to 49.04 (DWI) the jail confinement increases from a minimum of 72 hours to 6 days.
Sec. 106.041. DRIVING UNDER THE INFLUENCE OF ALCOHOL BY MINOR
(a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. (c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by: a fine of not less than $500 or more than $2,000; and/or confinement in jail for a term not to exceed 180 days

(d) In addition to any fine and any order issued under Section 106.115, the court shall order a minor convicted of an offense under this section to perform community service related to education about or prevention of misuse of alcohol for:
20 to 40 hours, if the minor has not been previously convicted or 40 to 60 hours, if the minor has been previously convicted.

Third and subsequent convictions under this section are not eligible for deferred disposition or deferred adjudication.
BAC: Breath: Number of grams of alcohol per __________ of breath.
210 liters
BAC: Blood: Number of grams of alcohol per __________ of blood.
100 ml
BAC: Urine: Number of grams of alcohol per __________ of urine.
67 ml
CNS Depressants: Conditions that mimic impairment
Extreme fatigue
Very recent head injuries
Diabetic reactions
Hypotension (low blood pressure)
Inner ear disorder
Severe depression
HGN Present for drugs: DID
D. Depressants,
I. Inhalants
D. Dissociative Anesthetics
DRE drugs: ________ causes pupils to constrict.
Cocaine (stimulants)
CNS Stimulants: Conditions that mimic symptoms
hyperactivity
nervousness
stress
fear
hypertension (high blood pressure)
Hallucinogens: Conditions that mimic symptoms
High fever
Mental Illness
Inhalants: Conditions that mimic impairment
Severe head injuries
Inner ear disorder
BAC = __________ alcohol concentration
Blood
Antagonistic effect
action + action = action
action + opposite action = unknown effect
Scientific Evidence
based on discoveries and produce guaranteed outcomes every time
Empirical Evidence
based on observations and experience. Situations and individual behaviors are unique therefore there is no guarantee that the social skills used will provide the same outcome every time. Using the skills increase probability of reaching desired outcome more of the time.
How to facilitate effective communication
(APP)
• Arrange the Environment for Effective Communication
• Position for effectiveness and safety
• Posturing for effect and control
Arranging
• Eliminate distractions
• Add attractors
• Enhance the environment to facilitate communication
Positioning
• Distance far enough to be safe yet close enough to see and hear
• Look directly at people to demonstrate confidence and attentiveness
Posturing for Effect and Control
• Standing or sitting erect to show strength and confidence in oneself shows your in control, ready and you care.
• Eliminate distracting behaviors (tapping foot, playing with clothes/hair, etc.)
Leaning forward slightly to show that you are interested and concerned (interest and inclination to help).
Non-Verbal Cues
(FaPaChApCo)
• Facial expression skills
• Paralanguage skills
• Chronemic skills (timing)
• Appearance skills
• Context skills
Non-verbal communication skills
• 7% interpersonal communication involves words and 60-93% involves non-verbals
• 60%-70% of effective communication is non-verbal
• Over 99% of emotional communication is non-verbal.
Facial Expressions
• when and when not to maintain eye contact
• how to utilize your facial expressions to manage another person
• How to read the facial expressions of others
• How to control facial expressions that fuel anger
Paralanguage
• using voice inflection to manage others
• Controlling tone or voice in stressful situations (rhythm, breathiness, hoarseness)
• Reading the emotional state of another (emotion, arousal, mood, and may carry sarcasm or a superior or submissive tone.)
Chronemic
• Know when and when not to speak
• Taking turns in a conversation
• When and when not to be flexible about time
Appearance
• Recognize and respect cultural
• Recognize and respect gender
• Recognize and respect how grooming and dress effects social perception
Context
• Understanding cultural differences during social interaction
• Paying attention to social cues to determine when to speak or act
• Relating to persons in authority
Kinesics
body movement - especially the hands
Haptic
Haptic-touch (can be as simple as a hand-shake)
Proxemics
distancing - Intimate 0-3 feet, personal 3-5 feet, social 5-10 feet.
Keys to Listen Effectively
Suspend judgment
Pick out key words and phrases (Who, what, when, where, why and how).
Determine intensity of speech to predict possible actions
Reflect on mood as positive, negative, or neutral and whether normal for person or situation.
Consider cultural differences
Communication Skills that Assist in getting People to share information
• assess and respond to:
- what a person is saying or doing.
- a person's emotional state
• understanding a person's emotional state
• how and what questions to ask
Emotional state
feeling and content = meaning. You feel _____ because ______.
Ask questions
analyze content
5 W's and H
Reflect on what was said or not said
Respond to the answer
Critical Thinking
critical thinking is the intellectually disciplined process of actively and skillfully conceptualizing, applying, analyzing, synthesizing, and/or evaluating information gathered from or generated by, observation, experience, reflection, reasoning, or communications, as a guide to believe and action.
Community Policing
Community Policing is policing philosophy that promotes and supports organizational strategies to address the causes and reduce the fear of crime and social disorder through problem-solving tactics and community-police partnerships.
6 Essential Aspects of Critical Thinking
(DCARPP)
• Dispositions
• Criteria
• Argument
• Reasoning
• Point of View
• Procedures for Applying Criteria
Aspects of Critical Thinking: Dispositions
Critical thinkers are skeptical, open minded. Value fair mindedness, respect evidence and reasoning, respect clarity and precision and look at points of view and will change positions when reason leads them to do so.
Aspects of Critical Thinking: Criteria
Conditions that must be met for something to be believable. Each subject area has different criteria, some standards apply to all subjects.
Aspects of Critical Thinking: Argument
is a standard or proposition with supporting evidence. Critical thinking involves: identity, evaluating, and constructing arguments.
Aspects of Critical Thinking: Reasoning
The ability to infer a conclusion from one or more premises. To do so requires examining logical relationships between statements or data.
Aspects of Critical Thinking: Point of View
the way one views the world which shapes ones construction of meaning. In a search for understanding, critical thinkers view phenomenon from many points of view.
Aspects of Critical Thinking: Procedures for Applying Criteria
other types of thinking uses general procedure, critical thinkers on the other hand make use of many procedures, including, asking questions, making judgements, and identifying assumptions.
Four errors in reasoning
1. person fails to observe and use all relevant facts
2. person fails to approach the problem in a systematic step-by-step manner, making leaps in logic and jumping to conclusions without checking them.
3. person fails to spell out relationships fully
4. person is sloppy and inaccurate in collecting information and carrying out mental activities
5 methods of good problem solvers
1. positive attitude
2. concern for accuracy
3. breaking the problem into parts
4. avoiding guessing
5. activeness in problem solving
Problem solving
Problem solving is an integral component of the philosophy of community policing. The problem-solving approach is a methodical process for reducing the impact of crime and disorder problems in the community.
SARA
scanning, analysis, response, assessment. The four-step model for problem solving is frequently implemented by a policing agency in partnership with the community.
SARA: Scanning
The identification of a cluster of similar, related or recurring incidents through a preliminary review of information, and the selection of this crime/disorder problem, among competing priorities, for future examination.
Summary of Scanning Steps
• Step 1
- Laundry list (compiled) of potential problems
• Step 2
- Problems identified
• Step 3
- Problems prioritized
• Step 4
- State the specific problem
- List examples of where the problem occurs
- Which setting is causing the most difficulty
SARA: Analysis
The use of several sources of information to determine why a problem is occurring, who is responsible, who is affected, where the problem is located, when it occurs, and what for the problem takes. Requires identifying patterns that explain the conditions that facilitate the crime or disorder problem. Sources of information may include police data, victim and offender interviews, environmental surveys, officer, business and resident surveys, social service and other government agency data, etc.
Review and preparation for Analysis
Form Hypothesis:
1. From what you already know what do you think is causing the problem.
2. General Goal Statement.
3. How will data be gathered and reported?
4. When will data collection begin.
Summary of Analysis: Step 1
Step 1
o What conditions or events precede the problem?
o What conditions or events accompany the problem?
o What are the problem's consequences?
o What harms result from the problem?
Summary of Analysis: Step 2
• Step 2
o How often does the problem occur?
o How long has this been a problem?
o What is the duration of each occurrence of the problem?
• Now that the data has been collected, should you continue with analysis or return to scanning and restate the problem?
• Hypothesis
• What are your conclusions about why the problem occurs?
Summary of Analysis: Step 3
Step 3
o Define a tentative goal
o Identify resources that may be of assistance in solving the problem
o What procedures, policies or rules have been established to address the problem?
SARA: Response
The execution of a tailored set of actions that address the most important findings of the problem analysis phase and focus on at least two of the following: 1. preventing future occurrences by deflecting offenders. 2. protecting likely victims, or 3. making crime locations less conducive to problem behaviors. Responses are designed to have long-term impact on the problem, and do not require a commitment of police time and resources that are not sustainable over the long-term.
Summary of Response: Step 1
o Brainstorm possible interventions
Summary of Response: Step 2
o Consider feasibility and choose among alternatives
o What needs to be done before the plan is implemented?
o Who will be responsible for preliminary actions?
Summary of Response: Step 3
o Outline the plan and who might be responsible for each part.
o Will this plan accomplish all or part of the goal?
o State the specific goals this plan will accomplish.
o What are some ways data might be collected?
Summary of Response: Step 4
o Realistically, what are the most likely problems with implementing the plan?
o What are some possible procedures to follow when the plan is not working or when it is not being implemented correctly?
SARA: Assessment
The measurement of the impact(s) of the responses on the targeted crime/disorder problem using information collected from multiple sources, both before and after the responses have been implemented. Allows feedback from all resources to include the officers and community.
Summary of Assessment: Step 1
o Was the plan implemented?
o What the goal was as specified in response?
o Was the goal attained?
o How do you know if the goal was attained?
Summary of Assessment: Step 2
o What is likely to happen if the plan remains in place?
o Identify new strategies to increase the effectiveness of the plan?
o What is likely to happen if the plan is removed?
o How can the plan be monitored in the future?
Summary of Assessment: Step 3
o Post-implementation planning
o Plan modification
o Follow-up assessment
Crime triangle
The three (3) elements of the triangle are: offender, victim, and location. These three elements come together to form the crime triangle. Three factors must be present for a crime to occur: an offender, a victim, and a location. Without anyone of these, no crime will occur. If a bad guy stakes out a dark alley, but no one walks down to it, no crime will occur. Thus, if it takes a combination of victims, offender and location for a crime to occur, then disconnecting the links will prevent a crime from occurring.
Crime triangle analysis
Once you figure out who is on each side of the crime triangle, you must conduct an analysis before devising strategies to fix the problem. Find out as much as possible about the victims, offenders, and crime scenes (locations) to develop an understanding of what is causing the problem. Questions should be asked and answered about each side or the crime triangle. An easy way to start is by asking who, what, when, where, how, why, and why not.
Problem-Oriented Policing Agencies
1. Focus on problems of concern to the public.
2. Zero in on effectiveness as the primary concern.
3. Be proactive.
4. Be committed to systematic inquiry as first step in solving substantive problems.
5. Encourage use of rigorous methods in making inquiries.
6. Make full use of the data in police files and the experience of police personnel.
7. Group like incidents together so that they can be addressed as a common problem.
8. Avoid using overly broad labels in grouping.
9. Encourage a broad and uninhibited search for solutions.
10. Acknowledge the limits of the criminal justice system as a response to problems.
11. Identify multiple interests in any one problem and weigh them when analyzing the value of different responses.
12. Be committed to taking some risks in responding to problems.
Distribute
Means to deliver a controlled substance other than by administering or dispensing the substance
Administer
Means to directly apply a controlled substance by injection, inhalation, or ingestion, or by other means to the body of a patient or research subject by a practitioner or at the direction and in the presence of a practitioner.
Controlled substance
means a substance including a drug, an adulterant and dilutant, listed in sched 1-5, penalty group 1,1-A 2,3,4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.
Controlled substance analogue
means a substance with a chemical structure substantially similar to the chemical structure of controlled substance in schedule 1 or 2, or penalty group 1,1-A or 2, or a substance specifically designed to produce an effect substantially similar to, or greater than, the effect of a controlled substance in in schedule 1 or 2, or penalty group 1,1-A or 2.
Counterfeit Substance
means a controlled substance that, without authorization bears or is in a container or has a label that bears an actual or simulated trademark, trade name, or other identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.
Possession means
actual care, custody, control, or management.
human consumption means
the injection, inhalation, ingestion, or application of a substance to or into the human body.
what is the minimum amount of marijuana?
any usable amount
A person commits possession of drug paraphernalia if?
He knowingly or intentionally uses or possesses with intent to use drug paraphernalia..... Class C Misdemeanor
Proof of an offer to sell must be?
Corroborated by a person other than the person to whom the offer is made or evidence other than a statement of the person to whom the offer is made.
Dangerous drug
A drug that is marked with a label indicating, Federal law prohibits dispensing without prescription or Rx only
Forging or altering a prescription for a dangerous drug is a
Class B misdemeanor (2nd offense Class A)
Aerosol paint
means an aerosol paint product, including a clear or pigmented lacquer or finish
Inhalant Paraphernalia (485.001 - 8)
means equipment or materials of any kind that are intended for use in inhaling, ingesting, or otherwise introducing into the human body an abusable volatile chemical. The term includes a tube, balloon, bag, fabric, bottle, or other container used to concentrate or hold in suspension an abusable volatile chemical or vapors of the chemical.
six major categories of controlled substances:
Narcotics, depressants, stimulants, hallucinogens, marihuana, simulate controlled substance
Penalty group 1A
LSD
delivery Marijuana: 1/4 ounce or less with no remuneration
class B Misd
delivery Marijuana: 1/4 ounce or less with remuneration
class A misd
delivery Marijuana: More than 1/4 ounce, but less than 5 lbs
State Jail felony
delivery Marijuana: 5 lbs or more, but less than 50 lbs
2nd degree felony
delivery Marijuana:50 lbs or more, but less than 2000 lbs
1st degree felony
delivery or possession Marijuana:2000 lbs or more
1st degree felony (10-99+ Delivery up to a $100,000 fine, possession is only up to a $50,000 fine)
Possession of Marijuana: 2 oz or less
class B misd
Possession of Marijuana: 4 oz or less, but more than 2 oz
class A misd
Possession of Marijuana:5 lbs or less but more than 4oz
state jail felony
Possession of Marijuana: 50 lbs or less but more than 5lbs
3rd degree felony
Possession of Marijuana: 2000 lbs or less, but more than 50 lbs
1st degree felony
Abusable volatile chemical
a chemical, including aerosol paint, that creates or induces in the person a condition of intoxication, hallucination, or process, balance, or coordination
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.
Dispense
means the delivery of a controlled substance in the course of professional practice or research, by a practitioner or person acting under the lawful order of a practitioner, to an ultimate user or research subject. The term includes the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for delivery.
Drug
means a substance, other than a device or a component, part, or accessory of a device, that is recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or a supplement to either pharmacopoeia or the formulary; intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; intended to affect the structure or function of the body of man or animals but is not food; or intended for use as a component of a substance described by Paragraph (A), (B), or (C).
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.
Drug paraphernalia includes
A kit used or intended for use in planting, propagating, cultivating, growing, or harvesting a species of plant that is a controlled substance or from which a controlled substance may be derived; a material, compound, mixture, preparation, or kit used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance; an isomerization device used or intended for use in increasing the potency of a species of plant that is a controlled substance; testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance; a scale or balance used or intended for use in weighing or measuring a controlled substance; a dilutant or adulterant, such as quinine hydrochloride, mannitol, inositol, nicotinamide, dextrose, lactose, or absorbent, blotter-type material, that is used or intended to be used to increase the amount or weight of or to transfer a controlled substance regardless of whether the dilutant or adulterant diminishes the efficacy of the controlled substance; a separation gin or sifter used or intended for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana; a blender, bowl, container, spoon, or mixing device used or intended for use in compounding a controlled substance;
a capsule, balloon, envelope, or other container used or intended for use in packaging small quantities of a controlled substance; a container or other object used or intended for use in storing or concealing a controlled substance; a hypodermic syringe, needle, or other object used or intended for use in parenterally injecting a controlled substance into the human body; and an object used or intended for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, including a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; a water pipe; a carburetion tube or device; a smoking or carburetion mask; a chamber pipe; a carburetor pipe; an electric pipe; an air-driven pipe; a chillum; a bong; or an ice pipe or chiller.
Immediate precursor
means a substance the director finds to be and by rule designates as being a principal compound commonly used or produced primarily for use in the manufacture of a controlled substance; a substance that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and a substance the control of which is necessary to prevent, curtail, or limit the manufacture of a controlled substance.
Manufacture
means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance other than marihuana, directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the packaging or repackaging of the substance or labeling or relabeling of its container. However, the term does not include the preparation, compounding, packaging, or labeling of a controlled substance: by a practitioner as an incident to the practitioner's administering or dispensing a controlled substance in the course of professional practice; or by a practitioner, or by an authorized agent under the supervision of the practitioner, for or as an incident to research, teaching, or chemical analysis and not for delivery.
Marihuana
The plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds. The term does not include: the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin; the mature stalks of the plant or fiber produced from the stalks; oil or cake made from the seeds of the plant; a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or the sterilized seeds of the plant that are incapable of beginning germination.
Delivery of Controlled Substance or Marijuana to Minor
Knowingly delivers a controlled substance in Penalty Group 1, 1A, 2, or 3 or marijuana to a minor (<18 yoa). 2nd Degree Felony.
Narcotic drug
means any of the following, produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: opium and opiates, and a salt, compound, derivative, or preparation of opium or opiates; a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative that is chemically equivalent or identical to a substance listed in Paragraph (A) other than the isoquinoline alkaloids of opium; opium poppy and poppy straw; or cocaine.
Opiate
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. The term includes its racemic and levorotatory forms. The term does not include, unless specifically designated as controlled under Subchapter B, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
Person
An individual, corporation, government, business trust, estate, trust, partnership, association, or any other legal entity.
Production
The manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.
Possession of drug paraphernalia 481.125
Misd C (481.125) (Possession of an abusable inhalant paraphernalia is a class B, FYI.)
Delivery of drug paraphernalia 481.125
Misd A (481.125) includes delivery, manufacturer or possession with intent to deliver. abusable volatile inhalants also have the same penalty for delivery.
Delivery of Drug Paraphernalia (to a child) if actor is =>18 yoa and at least 3 years older than person paraphernalia is delivered to 481.125
SJF (481.125)
Unauthorized Disclosure of Information 481.127
SJF (481.127)
Falsifying Drug Test Results (481.133)
class b (481.133)
Making or Delivering a device to falsify Drug Test (481.133)
Class A (481.133)
Unlawful delivery or manufacture with inter to delivery criminal penalty (482.002)
SJF (482.002) A person commits an offense if the person knowingly or intentionally manufactures with the intent to deliver or delivers a simulated controlled substance and the person:
Possession of a Dangerous Drug (483.041)
Class A (483.041)
Delivery of a Dangerous Drug (483.042)
SJF (483.042)
Manufacture of a Dangerous Drug (483.043)
SJF (483.043)
Forging or Altering a Prescription (483.045)
Class B unless prev conv. then Class A (483.045)
Failure to Retain Prescription (483.046)
Class B unless prev conv. then Class A (483.046)
Refilling a Prescription without Authorization (483.047)
Class B unless prev conv. then Class A (483.047)
Refusing to Allow Inspection (483.050)
Class B unless prev conv. then Class A (483.050)
Uncorroborated Testimony (483.072)
A conviction under chapter 483 may be obtained on the uncorroborated testimony of a party to this offense. (dangerous drug offenses / pharmacy / prescriptions etc.)
Testimony of Accomplice (CCP 38.14)
No conviction unless corroborated by other evidence and corroboration not sufficient if only shows commission.
Testimony of Undercover Peace Officer or Special Investigator (CCP 38.141)
No conviction on testimony of person who is working undercover on behalf of a LEA (like a CI) if: - not a licensed peace officer or
- special investigator
Unless corroborated by other evidence.
Procedures in Seizure & Destruction of Dangerous Drugs (483.074)
A dangerous drug that is manufactured, sold, or possessed illegally is contraband and may be seized. If seized it may be destroyed. If destroyed must be inventoried, and destroyed in the presence of another peace officer.
485.011 PERMIT REQUIRED (Abusable Volatile Chemical)
A person may not sell an abusable volatile chemical at retail unless the person or the person's employer holds, at the time of the sale, a volatile chemical sales permit for the location of the sale.
485.014 PERMIT AVAILABLE FOR INSPECTION
A permit holder must have the volatile chemical sales permit or a copy of the permit available for inspection by the public at each location where the permit holder sells an abusable volatile chemical.
485.017. SIGNS for Abusable Volatile Chemical
A business establishment that sells an abusable volatile chemical at retail shall display a conspicuous sign, in English and Spanish, that states the following: It is unlawful for a person to sell or deliver an abusable volatile chemical to a person under 18 years of age. Except in limited situations, such an offense is a state jail felony.

It is also unlawful for a person to abuse a volatile chemical by inhaling, ingesting, applying, using, or possessing with intent to inhale, ingest, apply, or use a volatile chemical in a manner designed to affect the central nervous system. Such an offense is a Class B misdemeanor.
485.019 RESTRICTION OF ACCESS TO AEROSOL PAINT.
(a) A business establishment that holds a permit under Section 485.012 and that displays aerosol paint shall display the paint in a place that is in the line of sight of a cashier or in the line of sight from a workstation normally continuously occupied during business hours; in a manner that makes the paint accessible to a patron of the business establishment only with the assistance of an employee of the establishment; or in an area electronically protected, or viewed by surveillance equipment that is monitored, during business hours. (This section does not apply to a business establishment that has in place a computerized checkout system at the point of sale for merchandise that alerts the cashier that a person purchasing aerosol paint must be over 18 years of age.)
485.031 POSSESSION AND USE (abusable volatile chemical)
A person commits an offense if the person inhales, ingests, applies, uses, or possesses an abusable volatile chemical with intent to inhale, ingest, apply, or use the chemical in a manner contrary to directions for use is a Class B Misd.
485.033. INHALANT PARAPHERNALIA. (Possession)
A person commits an offense if the person knowingly uses or possesses with intent to use inhalant paraphernalia to inhale, ingest, or otherwise introduce into the human body an abusable volatile chemical in violation of Section 485.031. Class B misdemeanor.
485.033. INHALANT PARAPHERNALIA. (Delivery)
(b) A person commits an offense if the perso knowingly delivers or sells inhalant paraphernalia; or possesses, with intent to deliver or sell, inhalant paraphernalia; or manufactures, with intent to deliver or sell, inhalant paraphernalia; Class A misdemeanor.
485.034. FAILURE TO POST SIGN. (abusable volatile chemical)
A person commits an offense if the person sells an abusable volatile chemical in a business establishment and the person does not display the sign required by Section 485.017. Class C misdemeanor.
485.035. SALE WITHOUT PERMIT. (abusable volatile chemical)
A person commits an offense if the person sells an abusable volatile chemical in violation of Section 485.011 and the purchaser is 18 years of age or older. Class B misdemeanor.
485.036. PROOF OF OFFER TO SELL. (abusable volatile chemical)
Proof of an offer to sell an abusable volatile chemical must be corroborated by a person other than the offeree or by evidence other than a statement of the offeree.
485.037. SUMMARY FORFEITURE. (abusable volatile chemical)
An abusable volatile chemical or inhalant paraphernalia seized as a result of an offense under this chapter is subject to summary forfeiture and to destruction or disposition in the same manner as controlled substance property under Subchapter E, Chapter 481.
Tentative Identification of a Controlled Substance
Field Tests: Scots Re-agent, Marquis Re-agent, Wintergreen Test
Analysis of Suspected Controlled Substances
Agencies with Labs: Texas DPS, FBI, Local Medical Examiners Office
Illegal Barter, Expenditure, or Investment (481.126)
F1 or F2
(a)(1) and (a)(3) First Degree Felony
barters property or expends funds on anything (including the furtherance of the commission of the crime) the person knows are derived from the commission of an offense under this chapter punishable by life imprisonment in the Texas Department of Criminal Justice; (1st Degree Felony)
a(2) or (a4) (2nd Degree Felony) same as above but not punished by life in prison.
Unauthorized Disclosure of Information (481.127)
SJF ... A person commits an offense if the person knowingly gives, permits, or obtains unauthorized access to information submitted to the director under Section 481.075. State Jail Felony (SJF)
Fraud (481.129)
F2, F3, or Class A (481.129) Using a prescription that isn't yours, or possessing a controlled substance or attempting to possess these. Schedule I or II controlled substance - 2nd Degree Felony
Schedule III or IV controlled substance - 3rd Degree Felony
Schedule V controlled substance: Class A misdemeanor
Fraud (481.129) Counterfeit Substance Manufacture
Class A - Manufactures, delivers, or possesses with intent to deliver a counterfeit substance.
Falsifying Drug Results (481.133)
Using a device or substance to falsify result - Class B; manufacture or delivery of device - Class A
481.136 & 481.137 UNLAWFUL TRANSFER OR RECEIPT OF CHEMICAL PRECURSOR
SJF Sells, transfers, furnishes, or receives a chemical precursor. SJF unless with knowledge the person will manufacture a controlled substance/device and then an F3.
482.002 Unlawful Delivery or Manufacture with Intent to Delivery
Represents a substance to be a controlled substance, reasonable person believes it is a controlled substance, and a person receiving may present it to another a controlled substance. --SJF
482.003 Evidence for simulated controlled substances
A reasonable person believes it is a controlled substance, packaged like a controlled substance, and exchange occurred, physical appearance was similar
Drug Free Zones
School, playground, swimming pool (300 ft), video arcade (300ft), or youth center, on a school bus or within 1000 ft of any real property that is owned rented or leased to a school.

Institute for Higher Education or School. Playground: Outdoor facility. Intended for recreation, open to the public, 3 or more play structures. Video arcade must have at least 3 pinball machines or video machines
Use of Child in Commission of Offense 481.140
481.140 state jail felony, felony of the third degree, or felony of the second degree is increased 1 degree, unless force was used or threatened against the child then increased to an first degree felony (F1).
Deliver (483.001)
means to sell, dispense, give away, or supply in any other manner.
Methods of Drug Abuse
injection, inhalation, ingestion
Possession of Dangerous Drug 483.041
Class A misd
Delivery of Dangerous Drug 483.042 and Manufacture of a Dangerous Drug 483.043
SJF
Forging or Altering a Prescription 483.045
Class B unless prev conv. then Class A.
483.046 Failure to Retain Prescription
This deals with the pharmacist delivering the dangerous drug and not retaining the prescription. Class B unless prev conv. then Class A.
483.047 Refilling a prescription without Authorization
Class B unless prev conv. then Class A.
483.050 Refusing to Allow Inspection
Class B unless prev conv. then Class A.
Stopping/Standing/Parking outside a business/residence district
May not leave vehicle on main traveled part of highway, unless: getting car off main part is not practicable, highway is unobstructed with vehicle present, vehicle is in clear view for 200 feet.
An operator may not stop, stand, park in certain places:
on the roadway side of a vehicle stopped/parked at the edge/curb of a street (double parking)
An operator may not stop, stand, park in certain places:
on a bridge or elevated structure on a highway or in a highway tunnel
An operator may not stop, stand, park in certain places:
on a railroad track
An operator may not stop, stand, park in certain places, except when picking up/discharging a passenger:
in front of a public/private driveway
An operator may not stop, stand, park in certain places, except when picking up/discharging a passenger:
within 15 feet of a fire hydrant
An operator may not stop, stand, park in certain places, except when picking up/discharging a passenger:
within 20 feet of a crosswalk
An operator may not stop, stand, park in certain places, except when picking up/discharging a passenger:
within 30 feet of a traffic-control signal
An operator may not stop, stand, park in certain places, except when picking up/discharging a passenger:
within 20 feet of the driveway entrance to a fire station, and 75 feet from the side opposite the entrance
Within 18 inches of the curb with the right-hand wheels parallel to the curb
When stopping or parking on a two way roadway
Removal of Unlawfully stopped vehicle
unlawfully parked and blocking the entrance to a private driveway
Removal of Personal Property from Roadway Right-of-Way
An authority or a law enforcement agency may remove personal property from a roadway or right-of-way if the authority or LE agency determines that the property blocks the roadway or endangers public safety
Overnight Parking of Commercial Motor Vehicle in or Near Residential Subdivision
Residential subdivision is in a country with at least 220,000 population, can't park a commercial MV between hours of 10PM and 6AM
Maximum Speed Requirement
An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.
30 miles per hour
In an urban district on a street other than an alley
15 miles per hour
In an alley
70 miles per hour (daytime)
On a highway numbered by this state of the United States outside an urban district, including farm-to-market or ranch-to-market roads
65 miles per hour (nighttime)
On a highway numbered by this state of the United States outside an urban district, including farm-to-market or ranch-to-market roads
60 miles per hour
Outside an urban district if the speed limit is not otherwise specified
60 miles per hour (outside urban district)
School bus that passed the commercial vehicle inspection and traveling on a numbered highway
50 miles per hour (outside urban district)
school bus that has not passed commercial vehicle inspection or traveling on a highway not numbered by this state or the US
60 miles per hour (daytime, outside urban district)
If vehicle is a truck, other than a light truck, or has any kind of trailer
55 miles per hour (nighttime outside urban district)
If vehicle is a truck, other than a light truck, or has any kind of trailer
35 miles per hour
Speed limit of a motor-driven cycle at night unless the cycle is equipped with a headlamp or lamps that reveal a person/vehicle 300 feet ahead
10 miles per hour
Speed limit of a vehicle equipped with solid rubber or cushion tires
Minimum speed regulations
an operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law
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.
Operator
includes a reference to the vehicle operated by the operator if the reference imposes a duty or provides a limitation on the movement or other operation of that vehicle.
Owner
(A) the person who holds legal title to a motor vehicle; (B) the purchaser or lessee of a motor vehicle subject to an agreement for the conditional sale or lease of the vehicle, if the person has:(i) the right to purchase the vehicle on performing conditions stated in the agreement; and (ii) an immediate right to possess the vehicle; or (C) a mortgagor of a motor vehicle who is entitled to possession of the vehicle.
School Crossing Guard
means a responsible person who is at least 18 years of age and is designated by a local authority to direct traffic in a school crossing zone for the protection of children going to or leaving a school.
State
has the meaning assigned by Section 311.005, Government Code(when referring to a part of the United States, includes any state, district, commonwealth, territory, and insular possession of the United States and any area subject to the legislative authority of the United States of America), and includes a province of Canada.
Property Areas/Metropolitan Areas
means an area that:(1) contains at least one municipality with a population of at least 100,000; and (2) includes the adjacent municipalities and unincorporated urban districts. (Austin is one)
Residence Districts
means the territory, other than a business district, adjacent to and including a highway, if at least 300 feet of the highway frontage is primarily improved with: (A) residences; or (B) buildings used for business purposes and residences.
Personal Injury
means an injury to any part of the human body and that requires treatment.
Sec. 547.302. 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.

(b) A signaling device, including a stoplamp or a turn signal lamp, shall be lighted as prescribed by this chapter.

(c) At least one lighted lamp shall be displayed on each side of the front of a motor vehicle.

(d) Not more than four of the following may be lighted at one time on the front of a motor vehicle:

(1) a headlamp required by this chapter; or

(2) a lamp, including an auxiliary lamp or spotlamp, that projects a beam with an intensity brighter than 300 candlepower.
Sec. 547.303. COLOR REQUIREMENTS.
(a) Unless expressly provided otherwise, a lighting device or reflector mounted on the rear of a vehicle must be or reflect red.

(b) A signaling device mounted on the rear of a vehicle may be red, amber, or yellow.
Sec. 547.305. RESTRICTIONS ON USE OF LIGHTS.
(a) A motor vehicle lamp or illuminating device, other than a headlamp, spotlamp, auxiliary lamp, turn signal lamp, or emergency vehicle or school bus warning lamp, that projects a beam with an intensity brighter than 300 candlepower shall be directed so that no part of the high-intensity portion of the beam strikes the roadway at a distance of more than 75 feet from the vehicle.

(b) Except as expressly authorized by law, a person may not operate or move equipment or a vehicle, other than a police vehicle, with a lamp or device that displays a red light visible from directly in front of the center of the equipment or vehicle.

(c) A person may not operate a motor vehicle equipped with a red, white, or blue beacon, flashing, or alternating light unless the equipment is:

(1) used as specifically authorized by this chapter; or

(2) a running lamp, headlamp, taillamp, backup lamp, or turn signal lamp that is used as authorized by law.

(d) A vehicle may be equipped with alternately flashing lighting equipment described by Section 547.701 or 547.702 only if the vehicle is:

(1) a school bus;

(2) an authorized emergency vehicle;

(3) a church bus that has the words "church bus" printed on the front and rear of the bus so as to be clearly discernable to other vehicle operators;

(4) a tow truck while under the direction of a law enforcement officer at the scene of an accident or while hooking up to a disabled vehicle on a roadway; or

(5) a tow truck with a mounted light bar which has turn signals and stop lamps in addition to those required by Sections 547.322, 547.323, and 547.324, Transportation Code.

(e) A person may not operate highway maintenance or service equipment, including snow-removal equipment, that is not equipped with lamps or that does not display lighted lamps as required by the standards and specifications adopted by the Texas Department of Transportation.

(f) In this section "tow truck" means a motor vehicle or mechanical device that is adapted or used to tow, winch, or move a disabled vehicle.
Sec. 547.321. 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. 547.322. TAILLAMPS REQUIRED.
(a) Except as provided by Subsection (b), a motor vehicle, trailer, semitrailer, pole trailer, or vehicle that is towed at the end of a combination of vehicles shall be equipped with at least two taillamps.

(b) A passenger car or truck that was manufactured or assembled before the model year 1960 shall be equipped with at least one taillamp.

(c) Taillamps shall be mounted on the rear of the vehicle:

(1) at a height from 15 to 72 inches; and

(2) at the same level and spaced as widely apart as practicable if a vehicle is equipped with more than one lamp.

(d) A taillamp shall emit a red light plainly visible at a distance of 1,000 feet from the rear of the vehicle.

(e) If vehicles are traveling in combination, only the taillamps on the rearmost vehicle are required to emit a light for the distance specified in Subsection (d).

(f) A taillamp 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.

(g) A taillamp, including a separate lamp used to illuminate a rear license plate, must emit a light when a headlamp or auxiliary driving lamp is lighted.
Sec. 547.323. STOPLAMPS REQUIRED.
(a) Except as provided by Subsection (b), a motor vehicle, trailer, semitrailer, or pole trailer shall be equipped with at least two stoplamps.

(b) A passenger car manufactured or assembled before the model year 1960 shall be equipped with at least one stoplamp.

(c) A stoplamp shall be mounted on the rear of the vehicle.

(d) A stoplamp 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.

(e) If vehicles are traveling in combination, only the stoplamps on the rearmost vehicle are required to emit a light for the distance specified in Subsection (d).

(f) A stoplamp may be included as a part of another rear lamp.
Sec. 547.324. TURN SIGNAL LAMPS REQUIRED.
(a) Except as provided by Subsection (b), a motor vehicle, trailer, semitrailer, or pole trailer shall be equipped with electric turn signal lamps that indicate the operator's intent to turn by displaying flashing lights to the front and rear of a vehicle or combination of vehicles and on that side of the vehicle or combination toward which the turn is to be made.

(b) Subsection (a) does not apply to a passenger car or truck less than 80 inches wide manufactured or assembled before the model year 1960.

(c) Turn signal lamps:

(1) shall be mounted at the same level and spaced as widely apart as practicable on the front and on the rear of the vehicle; and

(2) may be included as a part of another lamp on the vehicle.

(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.
Turning at intersection. 545.101
Turning right must approach and turn as closely practical to right-hand curb or edge of roadway. Turning left, enter intersection in left most lane, make the left and enter a lane lawfully available. When turning left from a one-way street to another one-way street turn a close as practically possible to the left hand curb.
Turning on Curve or Crest of grade. 545.102
When making a u-turn the operator may not make the turn if his vehicle is not visible from 500 feet in either direction to an operator of an approaching vehicle.
Safely Turning 545.103
Can not turn vehicle to enter a private road or driveway, otherwise turn the vehicle from a direct course , or move right or left on a roadway unless movement can be made safely.
Signaling turns: use of turn signals 545.104
operator shall use signal to indicate an intention to turn,change lanes, or start from parked position. operator intending to turn left or right shall signal continuously for not less than 100 feet before the turn of the vehicle.
Signal Stops 545.105
operator may not stop or suddenly decrease the speed of the vehicle without first giving a stop signal when there is an opportunity to do so.
Signals by hand or Lamp 545.106
Operator must signal either by using the hand and arm or lighting the signal lamps.
Method of giving hand arm signals 545.107
Hand signal shall be made from left side of vehicle. left turn arm is extend out horizontally, right turn arm extended out and up, and to stop arm out and hand pointing down.
Bicycle
A device that a person may ride and that is propelled by human power with 2 wheels which is more than 14 inches in diameter.
Bus
Motor vehicle to transport more than 10 passengers including the operator.
Farm Tractor
Motor vehicle designed for farming and husbandry including plow or mowing machine
Implement of Husbandry
vehicle other than a passenger car or truck that is designed for farming
Light Truck
A truck including a Pickup truck with a carrying capacity of 2000 pounds or less
Moped
Motor driven cycle that goes less than 30 mph and engine has 50 cc or less displacement and doesn't require shifting of the gears.
Motorcylcle
Vehicle equipped with a saddle and not more than 3 wheels on the ground.
Motor-driven cycle
Has engine displacement 250 cc or less
Motor vehicle
Self propelled vehicle or electric vehicle powered by overhead trolley wires.
Multifunction School activity bus
Used to transport students on a school related activity trip other than on routes to and from school. This term does not include a school bus.
Passenger Car
Vehicle other than a motorcycle to transport 10 or fewer passengers including the operator.
Pole Trailer
A vehicle without motive power. Drawn by another vehicle and secured to the other vehicle by a pole.
Police Vehicle
Vehicle used by a Peace officer.
Road Tractor
Vehicle designed and used to draw another vehicle but not constructed to carry a load independently or a part of the weight of the other vehicles load.
School Activity Bus
A bus designed to accommodate more than 15 passengers including the operator to and from school activities. Term does not include a chartered bus.
School Bus
Vehicle used to transport students to or from school or on activity trips. Term does not include a chartered bus.
Semitrailer
With or without motive power other than a pole trailer. Constructed so than part of its load rest on or is carried by another vehicle.
Trailer
Vehicle other than a pole trailer with or without motive power. Constructed so that no part of the vehicles weight rest on the motor vehicle.
Truck
Vehicle designed to transport property.
Truck Tractor
Vehicle designed to to draw another vehicle but NOT constructed to carry a load other that a part of the weight of the other vehicle and its load.
Vehicle
A Device that can be used to transport or draw persons or property on a highway. Does not include stationary rails or tracks.
Inchoate Offense [TC 542.303]
A person who falsely, fraudulently, or willfully permits another to violate this subtitle is guilty of the violation
General Penalty [TC 542.401]
A person convicted of an offense that is a misdemeanor under this subtitle for which another penalty is not provided shall be punished by a fine of not less than $1 or more than $200
Obedience Required to Police Officers and to School Crossing Guards [TC 542.501]
A person may not willfully fail or refuse to comply with a lawful order or direction of a police officer or a school crossing guard
traffic
pedestrians, ridden or herded animals, and conveyances, including vehicles and streetcars, singly or together while using a higway for the purposes of travel
alley
a street that: 1) is not used primarily through traffic and 2) provides access to rear entrances of buildings or lots along a street
crosswalk
1) the portion of a roadway, including an intersection, designated as a pedestrian crossing by surface markings, including lines; or 2) the portion of a roadway at an intersection that is within the connections of the lateral lines of the sidewalks on opposite sides of the highway measure from the curbs or, in the absence of curbs, from the edges of the travesrsable roadway
freeway
divided, controlled-access highway for through traffic
freeway main lane
freeway lane having an uninterrupted flow through traffic
highway or street
width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel
improved shoulder
paved shoulder
laned roadway
roadway that is divided into at least two clearly marked lanes for vehicular travel
limited-access or controlled-access highway
highway or roadway to which: 1) persons, including owners or occupants of abutting real property, have no right of access and, 2) access by persons to enter or exit the highway or roadway is restricted under law except at a place and in the manner determined by the authority that has jurisdiction over the highway or roadway
private road or driveway
privately owned way or place used for vehicular travel and used only by the owner and the persons who have the owner's express or implied permission
ramp
an interconnecting roadway of a traffic interchange, or a connecting roadway between highways at different levels or between parallel highways, that allows a vehicle to enter or exit a roadway
roadway
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
safety zone
area in a roadway officially desginated for exclusive pedestrian use and that is protected or so marked or indicated by adequate signs as to be plainly visible at all times while so desginated
school crossing zone
reduced speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time reduced speed limit applies
school crosswalk
a crosswalk designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school
shoulder
portion of the highway that is: 1) adjacent to thte roadway 2) designed or ordinarily used for parking 3) distinguished from the roadway by different design, construction, or marking, and 4) not intended for normal vehicular travel
sidewalk
portion of a street that is: 1) between a curb or lateral line of a roadway and the adjacent property line; and 2) intended for pedestrian use
through highway
highway or portion of a highway on which: 1) vehicular traffic is given preferential right-of-way; and 2) vehicular traffic entering from an intersecting highway is required by law to yield right-of-way in compliance with an official traffi-control device
intersection
the common area at the junction of two higways, other than the junction of an alley and a highway the dimensions of an intersection include only the common area: 1) within the connection of the lateral curb lines or, in the absence of curb lines, the lateral boundary lines of the roadways of intersecting highways that join at approximate right angles; or 2) ath the place where vehicles could collide if traveling on roadways of interseting highways that join at any angle other than an approxiamte right angle 3) each junction of each roadway of a highwaythat includes two roadways at least 30 feet apart with the roadway of an intersecting highway, including each roadway of an intersecting highway that includes two roadways at least 30 feet apart, is a separate intersection
official traffic control device
a sign, signal, marking, or device that is: 1) consistent with this subtitle, 2) placed or erected by a public body or officer having jurisdiction; and 3) used to regulate, warn, or guide traffic
railroad sign or signal
a sign, signal, or device ereected by a railroad, public body, or public officer to notiffy traffic of railroad tracks or an approaching railroad train
traffic-control signal
a manual, electric, or mechanical device that alternately directs traffic to stop and proceed
Sec. 521.021 License Required
A person, other than a person expressly exempted under this chapter, may not operate a motor vehicle on a highway in this state unless the person holds a driver's license issued under this chapter.
Sec. 521.029 Operation of Motor Vehicle by New State Residents
(a) A person who enters this state as a new resident may operate a motor vehicle in this state for no more than 90 days after the date on which the person enters this state if the person: (1) is 16 years of age or older; and (2) has in the person's possession a driver's license issued to the person by the person's state or country of previous residence. (b) If a person subject to this sectio nis prosecuted for operating a motor vehicle without a driver's license, the prosecution alleges that the person has resided in this state for more than 90 days, and the person claims to have been covered by Subsection (a), the person must prove by the preponderance of the evidence that the person has not resided in this state for more than 90 days.
Sec. 521.203 Restrictions on Class A and B Licenses
The department may not issue a Class A or Class B driver's license to a person who: (1) is under 17 years of age; (2) is under 18 years of age unless the person has completed a driver training course approved by the Central Education Agency; or (3) has not provided the department with an affidavit, on a form prescribed by the department, that states that no vehicle that the person will drive that requires a Class A or Class B license is a commercial motor vehicle as defined by Section 522.003.
Sec. 521.204 Restrictions on Minor
(a) The department may issue a Class C driver's license to an applicant under 18 years of age only if the applicant: (1) is 16 years of age or older; (2) has submitted a driver education certificate that states that the person has completed and pass a driver education course; (3) has obtained a high school diploma or equivalent or is a student
Operator approaching railroad grade
Not closer than 15 or greater than 50 ft
Operator at RR crossing should remained _____until it is safe
stopped
Operator of motor bus before RR xing shall:
listen and look in both directions for a train; not proceed until it's safe; stop not closer than 15 nor greater than 50 ft.
Emerging from an alley, driveway, building in business/residence district:
stop vehicle before moving on sidewalk, yield right of way to pedestrian, on entering roadway must yield to oncoming traffic
Gross Vehicle Weight
the weight of a vehicle and the weight of it's load
Nighttime
the period beginning one-half hour after sunset and ending one-half hour before sunrise
Park or Parking
to stand an occupied or unoccupied vehicle, other than temporarily while loading or unloading merchandise or passengers
Right-of-way
the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian that is approaching from a direction, at a speed, and within a proximity that could cause a collision unless one grants precedence to the other
stand or standing
to halt an occupied or unoccupied vehicle, other than temporarily while receiving or discharging passengers
545.054 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 (2) as soon as practicable
545.055 Passing to the left: passing zones
(a) An operator shall obey the directions of a sign or marking in Subsection (c ) or (d) if the sign or marking is in a place and clearly visible to an ordinarily observant person. (b) An operator may not drive on the left side of the roadway in a no-passing zone or on the left side of any pavement striping designed to mark a no-passing zone. This subsection does not prohibit a driver from crossing pavement striping. or the center line in a no-passing zone marked by signs only, to make a left turn into or out of an alley or private road or driveway. (c) The Texas Transportation Commission, on a state highway under the jurisdiction of the commission, may; (1) determine those portions of the highway where passing or driving to the left of the roadway would be especially hazardous; and (2) show the beginning and end of each no-passing zone by appropriate signs or markings on the roadway. (d) A local authority, on a highway under the jurisdiction of the local authority, may: (1) determine those portions of the highway where passing or driving to the left of the roadway would be especially hazardous; and (2) show the beginning and end of each no-passing zone by appropriate signs or markings on the roadway.
545.056 Driving to left of center of roadway: limitations other than passing
(a) An operator may not drive on 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; or (4) awaiting access to a ferry operated by the Texas Transportation Commission. (b) The limitations in Subsection (a) do not apply: (1) on a one-way roadway; or (2) to an operator turning left into or from an alley or private road or driveway. (c) The Texas Transportation Commission shall post signs along the approach to a ferry operated by the commission notifying operators that passing is prohibited if there is a standing line of vehicles awaiting access to the ferry.
545.057 Passing to the right
(a) An operator may pass to the right of another vehicle only if conditions permit safely passing to the right and: (1) the vehicle being passed is making or about to make a left turn; and (2) the operator is: (A) on a highway having unobstructed pavement not occupied by parked vehicles and sufficient width for two or more lines of moving vehicles in each direction; or (B) on a one-way street or on a roadway having traffic restricted to one direction of movement and the roadway is free from obstructions and wide enough for two or more lines of moving vehicles. (b) An operator may not pass to the right by leaving the main traveled portion of the roadway except as provided by Section 545.058.
545.058 Driving on improved shoulder
(a) An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely, but only; (1) to stop, stand, or park; (2) to accelerate before entering the main traveled lane of traffic; (3) to decelerate before making a right turn; (4) to pass another behicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn; (5) to allow another vehicle traveling faster to pass; (6) as permitted or required by an official traffic-control device; or (7) to avoid a collision. (b) An operator may drive on an improved shoulder to the left of the main traveled portion of a divided or limited-access or controlled-access highway if that operation may be done safely, but only: (1) to slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of the roadway; (2) as permitted or required by an official traffic-control device; or (3) to avoid a collision. (c) A limitation in this section on driving on an improved shoulder does not apply to: (1) an authorized emergency vehicle responding to a call; (2) a police patrol; or (3) a bicycle.
545.060 Driving on roadway lane for traffic
(a) An operator on a roadway divided into two or more clearly marked lanes for traffic: (1) shall drive as nearly as practical entirely within a single lane; and (2) may not move from the lane unless that movement can be made safely. (b) If a roadway is divided into three lanes and provides for two-way movement of traffic, and operator on the roadway may not drive in the center lane except: (1) if passing another vehicle and the center lane is clear of traffic within a safe distance; (2) in preparing to make a left turn; or (3) whre the center lane is designated by an official traffic-control device for movement in the direction in which the operator is moving. (c) Without regard to the center of the roadway, and official traffic-control device may be erected directing slow-moving traffic to use a designated lane or desingnating lanes to be used by traffic moving in a particular direction. (d) Official traffic-control devices prohibiting the change of lanes on sections of roadway may be installed.
545.061 Driving on multiple-lane roadway
On a roadway divided into three or more lanes and providing for one-way movement of traffic, an operator entering a lane of traffic from a lane to the right shall yield the right-of-way to a vehicle entering the same lane of traffic from a lane to the left.
545.062 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. (b) An operator of a truck or of a motor vehicle drawing another vehicle who is on a roadway outside a business or residential district and who is following another truck or motor vehicle drawing another vehicle shall, if conditions permit, leave sufficient space between the vehicles so that a vehicle passing the operator can safely enter and occupy the space. This subsection does not prohibit a truck or a motor vehicle drawing another vehicle from passing another vehicle. (c) An operator on a roadway outside a business or residential district driving in a caravan of other vehicles or a motorcade shall allow sufficient space between the operator and the vehicle preceding the operator so that another vehicle can safely enter and occupy the space. This subsection does not apply to funeral procession.
545.063 Driving on divided highway
(a) On a highway having two or more roadways separated by spaces, physical barrier, or clearly indicated dividing section constructed to impede vehicular traffic, an operator shall drive on the right roadway unless directed or permitted to use another roadway by an official traffic-control device or police officer. (b) An operator may not drive over, across, or in a dividing space, physical barrier, or section constructed to impede vehicular traffic except: (1) Through an opening in the physical barrier or dividing section or space, or (2) at a crossover or intersection established by a public authority.
545.064 Restricted access
An operator may not drive on or from a limited access or controlled-access roadway except at an entrance or exit that is established by a public authority.
Reckless Driving
A person commits this offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property
Unattended Motor Vehicle
An operator may not leave the vehicle unattended without (1) Stopping the vehicle (2) Locking the ignition (3) removing the key from the ignition (4) setting the parking brake effectively; and (5) if standing on a grade, turning the front wheels to the curb or side of the highway.
Following or Obstructing Fire Apparatus or Ambulance
(a) An operator, unless an official business, may not follow closer than 500 feet a fire apparatus responding to a fire alarm or drive into or park the vehicle in the block where the fire apparatus has stopped to answer a fire alarm. (b) An operator may not: (1) follow closer than 500 feet an ambulance that is flashing red lights unless the operator is on official business; or (2) drive or park the vehicle where an ambulance has been summoned for an emergency call in a manner intended to interfere with the arrival or departure of the ambulance.
Drawbars and Trailer Hitches; Saddle-Mount Towing
(a) The draw bar or other connection between a vehicle drawing another vehicle and the drawn vehicle: (1) must be strong enough to pull all weight drawn; and (2) may not exceed 15 feet between the vehicles except for a connection between two vehicles transporting poles, pipe, machinery, or other objects of structural nature that cannot readily be dismembered. (b) An operator drawing another vehicle and using a chain, rope, or cable to connect the vehicles shall display on the connection a white flag or cloth not less than 12 inches square. (c) A motor vehicle may not draw more than three motor vehicles attached to it by the triple saddle-mount method. In this subsection, "tripple saddle-mount method" means the mounting of the front wheels of trailing vehicles on the bed of another vehicle while leaving the rear wheels only of the trailing vehicles in contact with the roadway.
Towing Safety chains
(a) An operator of a passenger car or light truck may not draw a trailer, semitrailer, house trailer, or another motor vehicle unless safety chains of a type approved by the department are attached in a manner approved by the department from the trailer, semitrailer, house, trailer, or drawn motor vehicle to the drawing vehicle. This subsection does not apply to the drawing of a trailer or semitrailer used for agricultural purposes. The chains are required to be strong enough to maintain the connection between the trailer, semitrailer, house, trailer, or drawn motor vehicle and the drawing vehicle.
Child passenger safety seat systems offense
A person commiuts 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. An offense under this section is a misdemeanor punishable by a fine of not more than $25 for the first offense and not more than $250 for a second or subsequent offense.
Safety Belts Offense
A person commits than offense if the personis at least 15 years of age, is riding in a passenger vehicle while the vehicle is being operated; is occupying a seat that is equipped with a safety belt; and 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 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.
Riding in Open beds
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. An offense under this section is a misdemeanor punishable by a fine of not less than $25 or more than $200. It is a defense to prosecution under this section that the person was: operating or towing the vehicle in a parade or in an emergency or transporting farm workers from one field to another, or operating the vehicle on a beach.
Backing a vehicle
An operator may not back the vehicle unless the movement can be made safely and without interference with other traffic. An operator may not back the vehicle on a shoulder or roadway of a limited-access or controlled-access highway.
Riding on motorcycle
An operator of a motorcycle shall ride on the permanent and regular seat attached to the motorcycle. An operator may not carry another person on the motorcycle, and a person who is not operating the motorcycle may not ride on the motorcycle, unless the motorcycle is designed to carry more than one person. If the motorcycle is designed to carry more than one person, a passenger may ride only on the permanent and regular seat, if designed for two persons, or on another seat firmly attached to the motorcycle behind or to the side of the operator. A offense under this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $200. It is a defense to prosecution under this subsection that the operator was operating the motorcycle in an emergency or for a law enforcement purpose.
Fog lamps permitted
A motor vehicle may be equipped with NOT more than fog spotlamps. Mounted on front at height from 12 to 30 inches.
Auxiliary passing lamps
A motor vehicle may be equipped with no more than two auxiliary passing lamps. Mounted on front at height from 24 to 42 inches.
Auxiliary driving lamps permitted
A motor vehicle may be equipped with no more than two auxiliary driving lamps. Mounted on front at height from 16 to 42 inches.
Hazard lamps permitted
Lamps to warn other vehicle operators of a vehicular traffic hazard. Mounted same level on front and rear. Visibility 500 feet in normal sunlight. White or amber light mounted on front, and red and amber mounted on rear.
Other lamps permitted
A motor vehicle may be equipped with NOT more than two side cowl or fender lamps; amber and white light without glare. Not more than two running board courtesy lamps, one on each side of vehicle; amber and white light without glare.
Lighting requirements on parked vehicles
Shall be equipped with at least one lamp; emits white or amber light visible at a distance of 1,000 feet from the front and a red light visible at a distance of 1,000 feet from the rear. Display lights not required at night if sufficient light to reveal a person or vehicle on the highway at a distance of 1,000 feet.
Audible warning devices
A motor vehicle shall be equipped with a horn in GOOD WORKING condition that emits a sound audible under normal conditions at a distance of at least 200 feet. Use of horn is to provided audible warning only when necessary to insure safe operation. A warning device may NOT emit an unreasonably loud or harsh sound or a whistle.
547.602 Mirrors Required
Motor vehicle must be equipped with at least one mirror located to reflect to the operator a view of the highway for a distance of at least 200 ft from the rear of the vehicle
547.609 Sun Screening Devices (required label)
Any sun screening device must have a legible label containing info required by the department on light transmission and luminous reflectance of the device IF the device is attached to a windshield/window or is permanently installed between the material and the surface to which the material is applied.
547.613 Restrictions on Windows
Materials applied or attached to windows must not obstruct operator's view. Material cannot alter the color or reduce light transmission. Does not apply to windshields with a light transmission of 25% or more or a luminous reflectance of 25% or less AND that is not red, blue, or amber. Also, does not apply if it does not extend downward beyond the AS-1 line or more than 5 inches from the top of the windshield.
547.702 Additional equipment for emergency vehicles
Authorized emergency vehicle must be equipped with a siren, exhaust whistle, or bell that emits a sound audible under normal conditions from 500 ft. 4 ALTERNATELY flashing red lights, two on the front and two on the back, all at the same level. Must emit a light visible from 500 ft in normal sunlight.
547.801 Motorcycle Lighting Equipment
Not more than 2 headlamps mounted at a height of 24-54 inches, at least one of which must be illuminated during anytime of operation. At least one taillamp mounted at a height of 20-72 inches. Illuminated rear license plate. At least one stop lamp. At least one rear red reflector (may be included as part of taillamp). Motorcycle headlamp must be multi-beam- highbeam revealing person/vehicle at least 300 ft ahead, low beam at least 150 ft. A Motordriven cycle must at least have a single beam light revealing person/vehicle at a distance of 100ft when operated at speeds less than 25mph; 200 ft when 25mph or more; 300 ft when 35mph or more.
Sec. 545.151 Vehicle Approaching or Entering Intersection.
An operator approaching an intersection:
(1)shall stop, yield, and grant immediate use of the intersection:
in obedience to an official traffic-control device, including a stop sign or yield right-of-way sign; or
if a traffic-control signal is present but does not display an indication in any of the signal heads; and
after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway.
An operator on a single-lane or two-lane street or roadway who approaches an intersection that is not controlled by an official traffic-control device and that is located on a divided highway or on a street or roadway divided into three or more marked traffic lanes:
shall stop, yield, and grant immediate use of the intersection to a vehicle on the other street or roadway that is within the intersection of approaching the intersection in such proximity as to be a hazard: and
after stopping , may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway.
An operator on an unpaved street or roadway approaching an intersection of a paved street or roadway:
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; and
after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using the paved street or roadway.
Except as provided in Subsection (e), an operator approaching an intersection of a street or roadway that is not controlled by an official traffic-control device:
shall stop, yield, and grant immediate use of the intersection to a vehicle that has entered the intersection from the operator's right or is approaching the intersection from the operator's right in a proximity that is a hazard; and
after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway.
An operator approaching an intersection of a street or roadway from a street or roadway that terminates at the intersection and that is not controlled by an official traffic-control device or controlled as provided by Subsection (b) or (c):
shall stop, yield, and grant immediate use of the intersection to another vehicle that has entered the intersection from the other street or road way or is approaching the intersection on the other street or roadway in a proximity that is a hazard; and
after stopping, may proceed when the intersection can be safely entered without interference or collision with the traffic using the other street or roadway.
An operator who is required by this section to stop and yield the right-of way at an intersection to another vehicle and who is involved in a collision or interferes with other traffic at the intersection to whom right-of-way is to be given is presumed not to have yielded the right-of-way
Sec. 545,152 Vehicle Turning Left.
To turn left at an intersection or into an alley or private road or driveway, an operator shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an immediate hazard.
Sec. 545.153 Vehicle Entering Stop or Yield Intersection.
Preferential right-of-way at an intersection may be indicated by a stop sign or yield sign as authorized in section 544.003.
Unless directed to proceed by a police officer or official traffic-control device, an operator approaching an intersection on a roadway controlled by a stop sign, after stopping as required by Section 544.010, shall yield the right-of-way to a vehicle that has entered the intersection from another highway or that is approaching so closely as to be an immediate hazard to the operator's movement in or across the intersection.
An operator approaching an intersection on a roadway controlled by a yield sign shall:
slow to a speed that is reasonable under the existing conditions; and
yield the right-of-way to a vehicle in the intersection or approaching on another highway so closely as to be an immediate hazard to the operator's movement in or across the intersection.
If an operator is required by Subsection (c) to yield and is involved in a collision with a vehicle in a intersection after the operator drove past a yield sign without stopping, the collision is prima facie evidence that the operator failed to yield the right-of-way.
Sec 545.154 Vehicle Entering or Leaving Limited-Access or Controlled-Access Highway.
An operator on an access or feeder road of a limited-access or controlled-access highway shall yield the right-of-way to a vehicle entering or about to enter the access or feeder road from the highway or leaving or about to leave the access or feeder road to enter the highway.
Sec 545.155 Vehicle Entering Highway from Private Road or Driveway.
An operator about to enter or cross a highway from an alley, building, or private road or driveway shall yield the right-of-way to a vehicle approaching on the highway to be entered.
Sec 545.156 Vehicle Approached by Authorized Emergency Vehicle.
On the immediate approach of an authorized emergency vehicle using audible and visual signals that meet the requirements of Sections 547.305 and 547.702 or of a police vehicle lawfully using only an audible signal, an operator, unless otherwise directed by a police officer, shall:
yield the right-of-way
immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway clear of any intersection; and
stop and remain standing until the authorized emergency vehicle has passed.
This section does not exempt the operator of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
Sec 545.157 Passing Authorized Emergency Vehicle.
On approaching a stationary authorized emergency vehicle using visual signals that meet the requirements of Sections 547.305 and 547.702, an operator, unless otherwise directed by a police officer, shall:
vacate the lane closest to the emergency vehicle when driving on a highway with two or more lanes traveling in the direction of the emergency vehicle; or
slow to a speed not to exceed:
20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more; or
five miles per hour when the posted speed limit is less than 25 miles per hour.
A violation of this section is:
a misdemeanor punishable under Section 542.401
a misdemeanor punishable by a fine of $500 if the violation results in property damage; or
a Class B misdemeanor if the violation results in bodily injury.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or under both sections.
552.001. TRAFFIC CONTROL SIGNALS.
(a) A traffic control signal displaying green, red, and yellow lights or lighted
arrows applies to a pedestrian as provided by this section unless
the pedestrian is otherwise directed by a special pedestrian
control signal.
b) A pedestrian facing a green signal may proceed across a
roadway within a marked or unmarked crosswalk unless the sole green
signal is a turn arrow.
(c) A pedestrian facing a steady red signal alone or a steady yellow signal may not enter a roadway.
Verbal Judo: Natural language
"Is disastrous" flows from the lips. The 'cocked tounge' is the most dangerous weapon.
Verbal Judo: Traits of a Professional
High visibility, Quick decisions, Codified body of Knowledge, Imminent Jeopardy,Preclusion, Cont training, Adapt 2 change, ethical standard of conduct, & Licensed.
Verbal Judo: Imminent Jeopardy
Intent, Ability, Means, Opportunity
Verbal Judo: Tactical language
Used to gain compliance
Verbal Judo: The Badge
A symbol of public trust
Verbal Judo: The goal of Law enforcement
To generate Voluntary compliance. ( cooperation or collaboration)
Verbal Judo: 5 times when words fail
When SAFER is present
S- security (other person)
A- attack (officer's in danger)
F- flight
E- excessive Repetition
R- revised priorities
Verbal Judo: Mushin
means no mind or dis interest, the ability to show non bias and work in professional face.
Verbal Judo: Verbal Attacks
Are 1st Personal and 2nd Decisive/Focused
Verbal Judo: How many Cultures in the U.S.
102
Verbal Judo: 3 kinds of people
Nice (single keyed/will comply)
Difficult (multikeyed)
Sneaky
Verbal Judo: How to handle verbal abuse
A studied response = Deflection & Redirection
Verbal Judo: Keys to Active Listening
Be open and unbiased
Hear literally
Interpret accurately (meaning &words seldom the same)
Act appropriate
Verbal Judo: Communication
Respond to meaning, never react to words
Verbal Judo: Content
7-10%
Verbal Judo: Voice
33-40%
Verbal Judo: Other non verbals
50-60%
Verbal Judo: Tone
The most destructive word in the English dictionary (the unspoken word that we add at the end of sentences)
Verbal Judo: Parts of Voice
Tone
Pitch
Pace
Modulation
Verbal Judo: The Appeals
Ethical-Strongest
Personal
Practical
Rational-weakest
L.E.A.P.S
Listen
Empathize
Ask
Paraphrase
Summarize
Verbal Judo: The tactical 8 step pattern
A generic plan of action for how to make official contact w/ any subject
1. Appropriate greeting
2. Identify yourself department
3. Explain reason for the stop
4. Any justifiable reason for actions?
5. Ask for Identification
6. Additional information
7. Decision stage
8. Appropriate close
Verbal Judo: The tactical 5 step pattern (hard style)
Pattern to use when you encounter resistance
1. Ask for compliance with order (ethical appeal)
2. Set context (rational appeal)
3. Give options (personal appeal)
4. Confirm non-compliance (practical appeal)
5. Act - disengage and or/escalate.
Professionalism & Ethics: Four dimensions of Renewal
Physical, mental, spiritual, social (PMSS)
Professionalism & Ethics: Where did the earliest definition of professionalism come from?
Religion - it meant the act of professing.
Professionalism & Ethics: Profession
Applied specifically to the 3 learned skills: divinity, law, and medicine and also the military profession. The occupation which one professes to be skilled in and to follow. A profession one is engaged in that is considered socially superior to a trade or handicraft.
Professionalism & Ethics: Ethics
Accepted rules of conduct governing an individual or group or a code of values which guides our choices and actions and determines the course of our lives
Professionalism & Ethics: Principles
Ethical standards relied upon for guidance in decision-making
Professionalism & Ethics: Integrity
The quality or state of being fair, honest, responsible, courageous, humane, and the ability and resolve to maintain one's ethics in the face of adversity, fear, rejection, or temptation.
Professionalism & Ethics: Description of the Ethical Role
The ethical role is performed by being objective and ethical in personal behavior and in functioning as a representative of the criminal justice system.
Professionalism & Ethics: Different ideas and approaches to ethics
Ethical formalism - the world works better this way; it's rational to do one's duty and follow principles.
Utilitarianism - it 's better for everyone, including the individual, to do what benefits the majority
Religion - we must be ethical because God commands that we be so.
Professionalism & Ethics: Objective Behavior
Objectivity involves the expression or use of facts without distortion by personal feelings or prejudices. It is essential to gather all relevant information and the validity of the information.
Professionalism & Ethics: Personal Behavior
The standards by which officers are judged are often higher than an ordinary citizen.
Professionalism & Ethics: Four steps in critical thinking
1. Recognize and identify the ethical issue
2. Gather all available information
3. Decide on the best solution and do it.
4. Be ready to defend your decision.
Professionalism & Ethics: Stakeholder model
1. List several optional responses to the ethical problem.
2. List the stakeholders who could be affected by each optional response.
3. Consider how each stakeholder would likely be affected.
4. Choose the action that does the most good and the least harm to the stakeholders.
Professionalism & Ethics: Bell, Book, and Candle
Bell - does the action that I am considering sound right?
Book - Does this action violate any laws, rules, or policies?
Candle - How will this action look to others when exposed to the light of day?
Professionalism & Ethics: Ethics Check (Blanchard and Peale)
• Is the action legal?
• Is the action balanced?
• How with this action make me feel about myself.
Penal Code 36.03 Coercion of Public Servant or Voter
Class A Misdemeanor (unless coercion is a threat to commit a felony and then a 3rd degree felony).
PC 36.02 PC-Bribery
2nd degree felony
PC 36.04 Improper influence
Class A Misdemeanor
PC 36.05 Tampering with a witness
State Jail Felony
PC 37.01 Perjury
Class A Misdemeanor
PC 37.03 Aggravated Perjury
3rd Degree Felony
PC 37.08 False report to peace officer or law enforcement employee
Class B
Traffic Direction: Legal Authority Police Officer Defined
TC 541.002 - Police Officer means an officer authorized to direct traffic or arrest persons who violate traffic regulations.
Traffic Direction: Legal Authority TC 541.002
TC 541.002 - An incident is defined as any non-recurring event that causes a reduction of roadway capacity or an abnormal increase in demand and requires a law enforcement response.
Traffic Direction: Common Traffic Incidents
• Crashes
• Disabled Vehicles
• Spilled Cargo
• Highway Maintenance
Traffic Direction: Uncommon Incidents of Special Events
• Sporting events
• Concerts
• Parades
• Funerals
• Other events that affect roadway capacity
Traffic Direction: Local Authority Austin City Ordinance 12-1-51
Police officers are hereby authorized to direct all traffic or pedestrians by voice, hand or signal in the enforcement of the laws of the state and city, but whenever and wherever any police officer shall find it necessary to the safeguarding of pedestrians or the expeditious handling of traffic, or the safety of persons and property, police officers shall direct traffic and pedestrians as conditions may require, notwithstanding other provisions of the traffic laws.
Traffic Direction: Local Authority Austin City Ordinance 9-4-51
No person shall knowingly fail or refuse to comply with any lawful order or direction of a police officer, regardless of whether such order or direction is given by visible or audible signals. No person shall knowingly obstruct, prevent or interfere with any police officer who is engaging in the discharge of his/her official duty. It shall be an affirmative defense to prosecution if the order or direction given or duty being performed was unlawful.
Traffic Direction: Factors to expedite movement and relieve congestion
Assess the amount of traffic, length of time traffic may be stopped, availability of an alternate route capable of handling the flow, and availability of additional manpower. Coordinate signals and gestures with other officers.
Traffic Direction: Manage Roadway Space
Close lanes only necessary for the protection of victims and responders, minimize the time lanes are closed, and expedite lane closures.
Traffic Direction: Specific Priority
Emergency Vehicles (EMS, fire, police) are the highest priority. Clear the approach for emergency and halt all other traffic to allow for safe movement of the emergency vehicle.
Traffic Direction: TC 545.156 Vehicle Approached by an Authorized Emergency Vehicle
On the immediate approach of an authorized emergency vehicle using audible and visual signals that meet the requirements of Sections 547.305 and 547.702 or of a police vehicle lawfully using only an audible signal, an operator, unless otherwise directed by a police officer shall: 1. yield right of way, 2. immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway clear of any intersection and 3. Stop and remain standing until the authorized emergency vehicle has passed.
B. This section does not exempt the operator of an emergency vehicle to drive with due regard for the safety of all persons using the highway.
Traffic Direction: Considerations Points of Potential Congestion
Two strong considerations: 1. Longest line of traffic. and 2. Line of traffic threatening to spill back into other lanes and intersections.
Traffic Direction: Positioning
Choose a position where you are highly visible and in a safe location. A place where you can see the traffic around you, and the traffic can see you.
Traffic Direction: Vehicle positioning
• Officers must comply with agency policy regarding the use and placement of patrol vehicles during incident command situations. If agency policy allows, and officer may use the patrol vehicle: to funnel traffic through the scene, or as a safety barrier from traffic.
• Position to allow safe access for officers
• Unload all necessary equipment at one time
• Be aware of blind spots such as curves and crest of hills
Traffic Direction: Vehicle Lighting
Limit amount of flashing lights from each vehicle as gaze is more difficult for drivers that are fatigued, DWI, or who are aged. Make sure directional arrows are consistent with cone/flare patterns and other emergency vehicles.
Traffic Direction: Corner Position
Pros: greater personal safety, better pedestrian control. Cons: Restricted visibility, cannot be seen as easily.
Traffic Direction: Center of Intersection
Pros: Affords greatest visibility. Cons: most hazardous. Note: avoid when it paces the officer in the path of moving traffic or has little distance between traffic.
Traffic Direction: One-Way Streets
Never turn your back on traffic on one way streets. Always face the traffic on a one-way streets as it affords much greater officer safety.
Traffic Direction: Large Multiple Lane Intersections
Will need more than one officer, communication is vital. Verbal, signal, or radio.
Traffic Direction: How to stop traffic
Select vehicle to be stopped; don't pick large bus or truck. Try to select a natural break.
• Look directly at driver, point to the driver and with arm extended, raise palm out and hold position until traffic has stopped. (one long whistle at the same time)
• Repeat for opposite direction
Traffic Direction: Stopping traffic with flashlight
When using the flashlight or illuminated baton, point beam in direction of oncoming traffic ((avoid driver's eyes) and move beam back and forth at right angles. Raise palm out and hold position until traffic has stopped.
Traffic Direction: Starting traffic
Attract attention of the driver by extending arm and pointing at the driver. Turn palm inward, bring the hand up and over the shoulder, bending the arm at the elbow. (two short whistle blows)
Traffic Direction: Starting traffic with flashlight
Point beam towards driver and then toward the ground indicating which direction to go with the beam pointed towards the ground. Repeat as necessary to keep traffic flowing.
5 Areas of a Work Zone
1. Advance warning area (allows traffic to see where to go ahead)
2. Transition Area (moves traffic out of the path of the incident)
3. Activity area (includes buffer space and work space) The workspace is the area where responders will be conducting various activities.
4. Termination area (allows traffic to return to normal operation).
Deadly Force is 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 injury
Reasonable or necessary force is the amount of lawful coercion sufficient to achieve ___________________ and is objectively reasonable under the facts, circumstances and alternatives confronting an officer at the time action is taken.
a legitimate law enforcement objective
________________________ is justified when the use of force is justified.
threat of force
It is not _______________ when an officer takes the initiative to confront a law violator.
aggression
When confronting a law violator, the officer's act is not of of hostility, it is designed to ____________.
defend and protect the community from criminality
___________ should be used to effect the arrest.
the minimum amount of force necessary
Verbal non-compliance
verbal responses indicating unwillingness to cooperate or threats.
Not Resistant
doesn't resist, follows all commands, and are compliant; mere presence and verbal commands are all that is needed.
Passive Reistant
fails to follow commands and, although not threatening, may be verbally questioning or disagreeing. The suspects behavior, actions and cues are neutral in nature and non-assaultive.
Defensive Resistant
physical actions by suspect which attempt to prevent the officer's control.
__________________ is the most common type of resistance encountered by police.
defensive resistance
Aggressive Resistant
suspect takes offensive action by attempting to push, throw, strike, tackle, or physically harm the officer or another person.
Deadly Resistant
suspect takes offensive action attempting to seriously injure or kill the officer or another person if immediate action is not taken to stop the threat.
Preparatory Resistant
on the surface the suspect may exhibit signs of a particular resistance level, but the officer may recognize that the suspect is preparing to offer greater resistance or launch an attack through behavioral cues.
When an officer notices a preparatory resistance escalation the officer must be prepared to ____________________.
adjust tactics for such an attack
With preparatory resistance the appropriate degree of force would depend on _______.
the articulable and specific threat perceived by the officer
DDRM: Dynamic Response to Resistance Model
replaces old use of force continuum
Deadly resistance DRRM
any and all tools including firearms
Passive resistance DRRM
firm grip, control holds, pressure points
Defensive resistance DRRM
soft-empty hand to hard-intermediate weapons
Aggressive resistance DRRM
personal weapons, CED, OC, baton
No resistance DRRM
verbal commands, mere presence
TCLEOSE Force Options include professional presence (entering into a scene), verbal communications, weaponless strategies (takedowns, come a longs), weapon strategies (chemical/electrical, baton or impact weapons), or ____________.
deadly force
TCLEOSE Force Options include professional presence (entering into a scene), verbal communications, ______________ (takedowns, come a longs), weapon strategies (chemical/electrical, baton or impact weapons), or deadly force.
weaponless strategies
What percentage of an officer's duties involve verbal skill.
97%
What percentage of encounters require physical force?
3%
What percentage of the time is a message received due to content?
7%
What percentage of the time is a message received due to tone of voice?
33%
What percentage of the time is a message received due to non-verbal cues or body language?
60%
Approximately ______ of the time a message is received and interpreted based on how something is said rather than what is said.
93%
When you don't pay attention to what is being said and are merely waiting for the opportunity to speak what is this called?
improper listening
An officer must develop _____________ skills to redirect behavior.
verbal
Anything perceived as __________________ makes an officer seem unethical.
hasty, irrational, or unfair
Based upon position as a professional officer and assures other person of your desire for a positive outcome. This appeal is useful when dealing with people who are upset and highly emotional.
ethical appeal
Appeals to common sense, good judgment, or community standards and is valuable when dealing with people have a strong sense of right and wrong.
rational appeal
Adapt yourself and persuade the other person that you are like them. Ignores long-term consequences and is a short-term solution.
practical appeal
Based on addressing person's needs and desires by setting aside officer's personal values and works well with headstrong people insistent on getting their own way.
personal appeal
When a person threatens bodily harm to an officer or the public, an officer's __________________ is compromised.
control
A good principle to remember is when words and action disagree _______________.
trust actions
What is the biggest complaint against police officers?
rudeness
A big percentage of rudeness complaints are about _____________, not what was said.
how it was said
Referred to by TCLEOSE as weaponless strategies, these are techniques which have minimal probability of injury (ie: joint locks, pressure points, and escort holds).
DRRM refers to these as Soft Empty Hand Control
Referred to by TCLEOSE as weaponless strategies, these are techniques which have high probability of injury (ie: hand strikes, leg strikes, and sometime neck restraints).
DRRM refers to these as Hard Empty Hand Control
The burden is on the officer to establish immunity in state court.
official immunity (state immunity vs. federal is called qualified immunity).
Qualified immunity is not available if the officer's conduct _____________ , and the right was clearly established, such that an objectively reasonable officer would have understood that the conduct violated that right.
violates a federal statue or Constitutional right
It is the plaintiff's burden to disprove an officer is entitled to _____________ immunity.
qualified
To obtain summary judgment on the basis of official immunity an officer must establish he was ______________ within the scope of his authority and acting in good faith.
performing discretionary duties
Established objective reasonableness for the use of force, based on the perspective of an officer on the scene rather than with 20-20 vision of hindsight.
Graham v. Connor
Graham v. Connor established 3 keys to understanding objective reasonableness:
1. Is the suspect a(an) ____________ to the officer or others?
2. Is the suspect actively resisting or evading seizure.
3. What is the severity of the crime at issue?
immediate threat
The civil remedy for a violation of a suspects civil rights where an officer violated the rights under the color of law is provided in US Code, Title 42, section _________.
1983
The potential for a ____________________ arises in the legal defense for a suit when an officer argues he was only following the policy and procedures in the use of force and is entitled to a good faith defense. When this occurs officers are advised to seek legal advice from their own attorney.
conflict of interest
The officer's personal liability is affected by the agency's ______________.
written directives
Written directives of an agency may be used __________________ the officer and/or agency.
against or to support
The ____________________ for an officer is greatly enhanced when following the written directives of the department.
good faith defense
This case established that government officials that perform discretionary functions have qualified immunity if their conduct does not violate clearly established rights of which a reasonable officer would have known. Requires an affirmative defense.
Okonkwo v. Fernandez
Established that confessions obtained under threat of removal from office could not be used in subsequent criminal proceedings.
Garrity v. New Jersey (Garrity statement)
Established a two step approach to civil law suits. 1. Establish if there was a constitutional violation. 2. Determine if police officer has qualified immunity. If the police action falls within the gray area, immunity should be given.
Saucier v. Katz (qualified immunity)
Define 1st Responder Role
Persons who, in the course of normal duties, May be the first to discover HAZMAT.
Hazardous Material
A substance or material capable of posing an unreasonable risk to health, safely, or properly when transported in commerce.
HAZMAT Competency Levels
Awareness, Operations, Technician
Awareness
Persons who, in the course of normal duties, may be the first to discover Hazmat.
1. Recognize presence of Hazmat
2. Protect themselves
3. call for assistance
4. Secure the area.
Operations
1. Awareness level duties plus,
2. Confining the release in a defensive fashion from a safe distance (do not touch)
Technican
1. Persons who responds to releases of HAZMAT for purpose of stopping the release.
2. Defensive actions involving contact W/ materials.
Explosives
ANY Substance or article, including a device which is designed to function by explosive, or which, by "chemical reaction" within itself is able to function in a similar manner.
FIRE consists of
Fuel, heat, and oxygen
4 Routes of Exposure
1. Respiration Range (Breath)
2. Absorption (Skin/eyes, mocus)
3. Ingestion (Primary/ Secondary)
4. Injection (Puncture, cut, abrasion)
HAZMAT Effects on: People
1. Acute harm
2. Instant death
3. Chronic Health Problems
4. Death
HAZMAT Effects on: Environment
1. Temp. loss to water systems
2. Loss of productive use of land
3. Destruction of food items that have been contaminated
HAZMAT Effects on: Traffic
1. Close roads
2. Reroute traffic
HAZMAT Effects on: Government Entities
1. Strain on personal and Equip.
2. Strain on budget
3. Reduction of other essential services
HAZMAT Effects on: Health Care Facilties
1. Overcrowding in hospitals
2. Lack of staff to assist patients
HAZMAT ID
1. Shipping papers and MSD'S (BEST SOURCE OF INFO!)
2. Occupancy/ Location
3. Container shapes- (Hint for what the container may contain)
4. Placards, labels, markings
5. 5. Senses
6. Witnesses/ Responsible Parties
SAFEguarding Lives at HAZMAT Events
SAFETY IS NEVER COMPROMISED
1. Life Safety
2. Protect the environment
3. Property Conservation
4. Restore the area back to normal
HAZMAT stands for?
Hazard Identification (Recognize ID

Action Plan (What you have and are doing about it. What you will need)

Zoning (Public, 1st responders, support)

Manage the Incident- You are the IC

Assistance (Resources needed)

Termination (Not for the awareness LEVEL)
Levels of Protection
D- Police
C-
B-
A- Fully encapsulated suit
Limitations: Watch/ monitor the air levels
Decontamination Concepts
1. Remove
2. Dilute
3. Absorb
Class A Fires
Wood, paper, plants, plastic
Class B Fires
Gasoline, Kerosene, Oil, Alcohol
Class C Fires
ENERGIZED electrical EQUIP.
Class D Fires
Metals
Heavy Black Smoke
Petroleum Product
Yellow smoke
Chemical Fire
Grey Smoke
Normal Combustibles
White Smoke
GOOD! Usually is steam and means fire is going out.
What are the objectives of patrol?
To preserve the peace by mere presence and by proper action, prevent crime by opportunity reduction, suppress crime by timely response to crimes in progress and by properly investigating offenses. To apprehend suspects and regulate non-criminal conduct by obtaining and maintaining good officer - citizen relationships to protect life and property.
What is the Importance of Patrol
Protection: prevention of crime is the soundest of all criminological theories, and Service: to the community of which each peace officer is a part.
Duties and powers - CCP 2.13
It is the duty of every peace officer to preserve the peace within the officer's jurisdiction. To effect this purpose, the officer shall use all lawful means.

(b) The officer shall:

(1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime;

(2) execute all lawful process issued to the officer by any magistrate or court;

(3) give notice to some magistrate of all offenses committed within the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and

(4) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.

(c) It is the duty of every officer to take possession of a child under Article 63.009(g).
Duty of peace officer as to threats - CCP 6.05
It is the duty of every peace officer, when he may have been informed in any manner that a threat has been made by one person to do some injury to himself or to the person or property of another, including the person or property of his spouse, to prevent the threatened injury, if within his power; and, in order to do this, he may call in aid any number of citizens in his county. He may take such measures as the person about to be injured might for the prevention of the offense.
Peace officer to prevent injury - CCP 6.06
Whenever, in the presence of a peace officer, or within his view, one person is about to commit an offense against the person or property of another, including the person or property of his spouse, or injure himself, it is his duty to prevent it; and, for this purpose the peace officer may summon any number of the citizens of his county to his aid. The peace officer must use the amount of force necessary to prevent the commission of the offense, and no greater.
Conduct of peace officer - CCP 6.07
The conduct of peace officers, in preventing offenses about to be committed in their presence, or within their view, is to be regulated by the same rules as are prescribed to the action of the person about to be injured. They may use all force necessary to repel the aggression.
Elements of shift orientation
Duty assignment
Related circumstances (i.e., warrants, current stolen property/vehicle lists, hazardous situations, and special events.)
Elements of beat characteristics that the officer should know early on in assignment
Area and its socio-economic and geographic characteristics, Crime hazards, Crimes committed in area, Knowledge of assigned area, such as location of streets, businesses, schools, hospitals; which way street numbers run; traffic routes, i.e., main arterial streets, dead ends, overpasses, back roads, one-way streets, and alleyways.
Silhouetting
• Placing your self, others or your patrol unit in a position so as to provide the suspect(s) with a definite identifiable target.
Avoiding Silhouetting Strategies
• Attempt to select location for vehicle stop.
• Back-up units 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.
Telltale noises:
• Vehicle, engine
• Parking unit too close to scene
• Radio volume too loud
• Seat belts/pop the buckle
• Letting unit door slam shut
• Equipment, i.e. radio, keys, whistles, baton, handcuffs, portable radio
Suspects' hands
• Demand suspect place hands in front of him/her and turn palms up.
• Do not allow subject to put hands in pockets.
• Possibly hiding contraband (evidence) in pockets, weapon, and/or identifiable marks, scars, or tattoos.
• If hands are already in pockets, do not allow removal.
• Situational discretion needed - suspect to turn head away and/or kneel or lay on ground before checking for weapon.
Lane Selection
The lane nearest the center of the roadway lends itself to effective observation-a clear view between buildings on both sides of the street and on-coming traffic effectively.
• Driving in the lane nearest the curb, at a decreased speed, allows a ready stop at the curb and it affords a better view of street-front windows, sides of buildings, and potential hiding places.
Parking the patrol vehicle
• Parking is an important consideration while on patrol.
• It can influence the citizen's attitude toward the police.
• Proper parking can gain voluntary compliance of traffic laws.
• Proper parking can offer officer cover or concealment in other situations.
Circular pattern
In this pattern, the car is driven either from the approximate center of the beat in ever increasing "circles" or from the outside of the beat in ever-decreasing circles. Obviously, the pattern is not truly circular, but approximately so.
Double-Back pattern
• Helpful when learning the beat
• Helpful in problem areas or in cases where a second look at someone or something is necessary.
Random pattern
• Whatever pattern is chosen, the beat must be covered with a lack of predictability.
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.
Motorcycle patrol
Advantages: quick response, flexibility to cover large area, can be used as escort units, and are effective in traffic law enforcement.
Foot patrol
Advantages: immediate traffic control; person-to-person contact; good public/community relations; increased knowledge of physical beat; develop informants; increased knowledge of community needs and potential crime hazards.
Automobile patrol
• Advantages: speed, mobility; visibility increases preventive potential; protection of officer; permits officer to carry extra equipment
• Check vehicle for mechanical defects, contraband, and weapons before beginning patrol
• Do not spend too much time in drive-ins or coffee shops; if another patrol vehicle is there, do not stop
• Conferences between patrol vehicles should be located on main thoroughfare where they can be seen; encourages preventive enforcement
• Watch driving speed and observe rules of the road
• Never leave keys in the patrol vehicle
• Remain alert and prepared for an emergency
Fixed wing and helicopter patrol
Advantages: available in emergency situations, can cover enormous area, allows sky view of fleeing persons or vehicles, excellent apprehension tool when used with ground units.
One-officer patrol
• Having twice as many patrol vehicles on the street doubles preventive enforcement.
• When the officer is alone, more attention is devoted to patrol functions and duties.
• An officer alone develops self-reliance, rather than depending on a partner for backup.
• A lone officer in a patrol vehicle takes fewer chances.
• Personality clashes are reduced.
Two-officer patrol
• Greater safety factor.
• Can be used as a training aid for the correction of officer mistakes.
• Share driving duties.
• Two pairs of eyes are better than one.
• One officer can operate the radio while the other drives.
Where to perform a pedestrian stop
• Note escape routes
• Gauge number of people that could be hurt
• Place where least number of hostages possible
• Gauge officer safety
• Report location to dispatcher.
How to perform a pedestrian stop
• Use effective verbal communications
• Approach carefully: maintain visual contact with suspicious person, approach on right side since most people are right-handed, watch for furtive movements or attempts to flee, establish early eye contact, and be aware of surroundings.
One officer with one person (field interview)
• Field interview position recommends the officer to place gun side away and stand approximately one arm's length or more from the person. Depending upon the situation and the size and disposition of the person, the officer may want to use discretion in positioning.
• The "gun hand" should remain free when practical
• Maintain overall observation of the person
• Be aware of surroundings
One officer with two or more persons (field interview)
• Assume the recommended field interview position and speak to the person to be interviewed - Refer to field inquiry section
• Stand in a safe position where persons can be restrained if necessary
• Maintain overall observation of persons
• Move as necessary to prevent persons from closing in or surrounding officer
Two officers with one person (field interview)
• The officer initiating the contact should exercise all the precautions noted above
• The second officer should take position to the right or left rear of the person being interviewed (avoid cross-fire situation)
Two officers with two or more persons (field interview)
• The officer initiating the contact should proceed as previously described
• The second officer assumes a position, which allows maximum visibility of the persons, avoid lengthy conversations, which would detract from safety awareness, and communicate any observations of threat or hazard to the primary officer
Purpose of field investigation?
Investigate suspicious activity or to determine whether a crime has, is or will be committed.
Whole person, hands, waist line, lungeable/immediate area, and demeanor.
5 point scanning system
Not following commands, not answering questions, 1000 yard stare, resisting, looking around
Preflight indicators
Angry or confrontational, not following commands, hiding hands, clenched fists, target fixation, fighting stance, stretching, removing valuable items, resisting, gesturing to another suspect.
Preassault indicators
If there is more than 1 suspect how should they be questioned?
Separately, with the same questions, and then answers compared to expose lies.
What is the ultimate goal of a field interview?
To build probable cause for an arrest, or to dispel suspicion and release innocent people from your custody.
Benefit of knowing area and known offenders?
Increases probability of arrest
Patrol is the _________ of APD to the community.
face
To preserve the peace by _____________.
mere presence and proper action
Importance of patrol: Protection - _______.
prevention of crime is the soundest of all criminological theories.
Staying fit can be the best protection from ______________
injuries.
A direct relationship exists between __________.
your appearance and attitude.
The single most important factor in officer survival according to TCLEOSE and lecture is?
mental conditioning
Attitude development, formal and informal education, personal values, and maturity are _________.
factors involved in psychological preparation for police work.
It is a winning mindset.
Survival.
What are the 3 points of cover?
Accurate return fire, body armor and hard cover.
Placing yourself or others in a position to give suspect an identifiable target.
silhouetting
To avoid silhouetting do not
stand in doorways/hallways
Helpful patrol patten when learning your patrol area.
double back
The position of the lane that lends itself to effective observation of on-coming traffic.
nearest center
The position of the lane that lends itself to a better view of street-front windows, sides of buildings, and potential hiding places.
nearest curb
Doing this can gain voluntary compliance with the traffic laws.
proper parking
Personality clashes are reduced.
One officer patrol
Training opportunities are afforded.
Two officer patrol
Takes fewer chances and devotes more time to patrol duties.
A lone officer.
During a field interview what is an important safety concern?
maintain a reactionary gap
Lady Bird Lake is contained by/formed by
Tom Miller Dam / Red Bud Isle (West end) and Longhorn Dam / Pleasant Valley Dr (East end)
Lake Austin is contained by/formed by
Mansfield Dam / Lake Travis (West end) and
Tom Miller Dam (East end)
Divides the city North and South
Colorado River (Lady Bird Lake, Lake Austin)
Divides the city East and West
Congress Avenue (Speedway, Link, Northcrest, Georgian)
People (and addresses) from the South/East are _____? (the way to remember which side of the street and even or odd address is on; the N/W streets are the opposite of this answer.)
Odd
Takes the name from the street it parallels.
Alleys
naming convention for an alley is: ______________ alley.
block #, street name, west/east/north/south
There are _____ region command areas
four
Ida, Baker, George
Region 1
Adam, Edward
Region 2
Charlie, Henry
Region 3
David, Frank
Region 4
Adam
Northwest area command
Edward
Northeast area command
Ida
North Central area command
Baker
Central West area command