Criminal Investigations Division – Laws, Evidence & DPS Policy

Vocabulary flashcards covering key legal doctrines, forensic concepts, DPS policies, and statutory terms referenced in the lecture notes. Suitable for exam preparation and quick review.

Affidavit (Search Warrant)

A sworn written statement of facts establishing probable cause for issuance of a search warrant.

Anticipatory Warrant

A search warrant that becomes valid upon the occurrence of a specified future condition or event.

Arrest Warrant

A magistrate’s written order commanding a peace officer to take a named or described person into custody.

Attenuation Doctrine

An exception to the exclusionary rule allowing evidence if the link between police misconduct and the evidence is sufficiently remote or interrupted by intervening circumstances.

Blue Alert System

Texas statewide notification system that disseminates information when a law-enforcement officer is seriously injured, killed, or goes missing in the line of duty.

Brady Material

Exculpatory or impeachment evidence in the government’s possession that must be disclosed to the defense under Brady v. Maryland.

Buie Sweep

A limited protective search of a residence for persons who might pose a danger during or immediately after an arrest (Maryland v. Buie).

Carroll Doctrine

Automobile exception allowing warrantless search of a vehicle when probable cause exists that it contains contraband.

Child Protective Custody (FC §262.104)

Authority of an officer to take possession of a child without a court order when immediate danger to the child exists.

Community Caretaking Function

A narrow exception permitting warrantless entry or search when officers reasonably believe immediate aid is needed to protect life or property.

Consent Search

A warrantless search based on voluntary, knowing consent of a person with authority over the area or item searched.

Contraband

Property illegal to possess, or lawful property used unlawfully, subject to seizure and forfeiture.

Corpus Delicti

The body of a crime; evidence establishing that a specific offense has been committed.

Curtilage

The area immediately surrounding a dwelling, entitled to Fourth Amendment protection equal to the home itself.

Daubert Standard

Rule of evidence requiring that expert testimony be both relevant and scientifically reliable (Daubert v. Merrell Dow).

De Facto Arrest

Custodial detention that amounts to an arrest without formal declaration; requires probable cause.

Diplomatic Immunity

Full immunity from arrest and detention for accredited diplomatic officers except in cases of serious crimes per international law.

DNA (Deoxyribonucleic Acid)

Genetic material used for human identification; biological evidence must be preserved 40 years or until statute of limitations expires in felony cases.

Early Intervention System (EIS)

DPS case-management dashboard that flags employees reaching predefined thresholds (complaints, pursuits, crashes) for supervisory review.

Elephant-in-a-Matchbox Rule

Searches must be limited to places where the object of the search could logically fit; prevents over-broad searches.

Elimination Prints

Fingerprints of authorized persons (victims, residents, first responders) collected to differentiate them from latent crime-scene prints.

Exclusionary Rule

Judicial rule barring evidence obtained in violation of constitutional rights from being introduced in court (CCP 38.23).

Expectation of Privacy

Standard determining whether Fourth Amendment protection applies; requires both subjective expectation and societal recognition as reasonable.

Flashroll

Prestaged currency with recorded serial numbers used in sting or undercover operations.

Forensic Photogrammetry

Technique of deriving three-dimensional measurements from two-dimensional crime-scene photographs.

Giglio Information

Credibility-related evidence about a government witness (e.g., disciplinary history) that must be disclosed to the defense (Giglio v. United States).

Good-Faith Exception

Allows admission of evidence seized by officers acting in objectively reasonable reliance on a defective warrant or statute.

Gunshot Primer Residue (GSR)

Microscopic particles (lead, barium, antimony) deposited when a firearm is discharged, analyzed via SEM stubs within four hours of shooting.

Hair Standard

Representative sample (≥25 pulled head or pubic hairs) from a known individual for comparison with evidentiary hairs.

Hot Pursuit

Exigent-circumstance doctrine allowing warrantless entry when a fleeing suspect of a serious crime is immediately and continuously pursued.

Impeachment Exception

Illegally obtained statements may be used to impeach a testifying defendant, though inadmissible in the prosecution’s case-in-chief.

Inventory Search

Administrative search of lawfully impounded property following standardized policy to catalogue contents and protect owner and agency.

Inevitable Discovery Rule

Illegally obtained evidence is admissible if the prosecution can show it would have been discovered lawfully anyway.

Investigative Detention (Terry Stop)

Brief, reasonable-suspicion-based stop to investigate possible criminal activity; may include a protective frisk for weapons.

Knock-and-Announce

Fourth Amendment requirement that officers announce identity and purpose before forced entry unless reasonable suspicion justifies a no-knock entry.

Latent Print

Invisible or barely visible fingerprint left by perspiration or oils, developed by powders, chemicals, or ALS.

Lineup Policy (Art. 38.20 CCP)

Texas statute requiring written agency procedures for photo and live lineups, including blind administration and confidence statements.

Locard’s Exchange Principle

Theory that every contact leaves trace evidence exchanged between people, objects, or environments.

Megapixel (MP)

One million picture elements; unit for digital image resolution.

Miranda Warnings

Rights read to a suspect in custodial interrogation stemming from the Fifth Amendment (right to remain silent, attorney, etc.).

Modus Operandi (MO)

Characteristic method or pattern of a criminal’s activities.

Munchausen Syndrome by Proxy

Form of child abuse involving fabrication or induction of illness in a child by a caregiver for attention.

NIBIN

National Integrated Ballistic Information Network—database comparing fired cartridge-case images to link firearms to crimes.

Open Fields Doctrine

Areas outside the curtilage lack Fourth Amendment protection; officers may enter and search without warrant or probable cause.

Pen Register / Trap & Trace

Court-ordered devices capturing outgoing (pen) or incoming (trap) dialed or received phone numbers; requires district-judge warrant in Texas.

Photograph (Material)

Image directly related to a specific case subject; admissibility requires materiality, relevance, and competence.

Plain-View Doctrine

Officers may seize evidence without a warrant if lawfully present, item is immediately apparent as contraband, and its incriminating nature is obvious.

Postmortem Lividity

Purple discoloration of a body where blood settles after death, useful in estimating position and time of death.

Prima Facie Evidence

Evidence sufficient on its face to prove a fact unless disproved; e.g., BAC ≥ 0.08 is prima facie intoxication.

Probable Cause

Facts and circumstances sufficient to warrant a reasonable belief that a crime has been committed and the person/place is connected to it.

Proxy Data

Physical traces that infer relationships between people, places, and objects (e.g., glass fragments, fibers).

Psycholinguistics

Study of language patterns to profile anonymous written or spoken threats.

Reasonable Suspicion

Specific, articulable facts that criminal activity is afoot, justifying a temporary detention (Terry v. Ohio).

Resolution (Imaging)

Fineness of image detail captured or displayed, measured in pixels per inch (PPI).

Rigor Mortis

Postmortem stiffening of muscles beginning within 2–4 hours after death; aids in time-of-death estimation.

Search Incident to Arrest

Automatic warrantless search of an arrestee and immediate reach area to find weapons or evidence.

Sealed Affidavit

Search-warrant affidavit kept from public disclosure upon magistrate’s sealing order for safety or investigative reasons; expires after 31 days unless extended.

Standing (Fourth Amendment)

Legal capacity to challenge a search; requires personal reasonable expectation of privacy in the place or item searched.

Strip / Lane Search Pattern

Systematic outdoor search method in straight parallel lines to ensure complete area coverage.

Terry Frisk

Pat-down of outer clothing for weapons during a lawful detention when officer reasonably believes suspect is armed and dangerous.

Trace Evidence

Microscopic or transfer material (hair, fiber, GSR, glass, paint) linking suspects, objects, and scenes.

Two-Dimensional Impression

Latent footwear or tire mark deposited by dust, residue, or blood on a flat surface; collect via electrostatic or gelatin lifter.

Unlawful Entry

Warrantless police intrusion into a constitutionally protected area without consent or exigent circumstances, violating the Fourth Amendment.

Victim Employee Services (VESS)

Confidential DPS program offering peer support, critical-incident stress management, and counseling to employees and families.

Voyeurism

Observing another for sexual arousal without consent; in Texas Penal Code classified as a criminal offense.

Weapon Discharge Review Board

DPS panel that classifies firearm discharges as “consistent with policy,” “violates policy,” or “unintentional.”

Work-for-Hire (Copyright)

Intellectual property created within scope of employment; ownership vests in the Department, not the individual employee.

Zone Search

Dividing a scene into equal squares or sectors, each searched individually, then exchanging zones among searchers.

Exigent Circumstances

Situations requiring immediate action allowing warrantless entry or search (e.g., imminent destruction of evidence, danger to life).

No-Knock Entry

Forced entry without announcement when officers have reasonable suspicion that knock-and-announce would be dangerous, futile, or destructive of evidence.

Plain-Smell Doctrine

Recognition of contraband by odor (e.g., marijuana) may establish probable cause for a search warrant or vehicle search.

Inventory Form HQ-109

DPS property inventory used to log entrusted evidence items not sent to the laboratory.

HR-31 Counseling Record

DPS form documenting supervisory corrective action for minor policy deviations.

Office of Inspector General (OIG)

DPS internal division that investigates misconduct, maintains Early Intervention data, and liaises with prosecutors on credibility issues.

Brady-Giglio List

Roster maintained by prosecutors of officers whose credibility might be impaired due to sustained misconduct findings.

Exculpatory Evidence

Information tending to show a defendant’s innocence or reduce culpability; must be disclosed under Brady.

Chain-of-Command Review

Formal DPS grievance route allowing employees to elevate concerns through successive supervisory levels to the Director.

Qualified Immunity

Civil-rights doctrine protecting officers from liability when conduct does not violate clearly established statutory or constitutional rights.

42 U.S.C. §1983

Federal statute allowing civil suits against persons acting under color of law who deprive others of constitutional rights.

Mechanical Latent Lift

Removal of developed print using tape, gel, or hinge lifters for submission to the crime laboratory.

CODIS

Combined DNA Index System—national database of DNA profiles used to link unknown samples to known offenders or other crimes.

Nitrile Gloves

Non-porous protective gloves required when collecting biological evidence to prevent contamination.

Quantitative Drug Analysis

Measurement of purity or concentration (e.g., methamphetamine) performed by DPS labs upon federal written request or >5 g exhibit.

Elimination Standard (DNA)

Known sample from a person with legitimate scene access to distinguish their DNA from evidentiary samples.

Category B Biological Substance

DOT shipping designation (UN 3373) for diagnostic specimens like blood; packaging must show biohazard symbol.

Touch DNA

Genetic material from skin cells left on objects with brief contact; DPS lab acceptance limited and requires prior approval.

SEM Stub

Aluminum sampling device used to collect gunshot residue for scanning electron microscope analysis.

Cartridge-Case Casting

Mounting or molding fired cartridge components for microscopic comparison and NIBIN entry.

Excess Drug Destruction

Court-authorized disposal of large drug quantities (e.g., >250 g marijuana) after representative samples are retained and tested.

Hazardous Material (Lab Policy)

Substances posing risk (e.g., acid solvents); DPS labs store only small precursor samples, otherwise require field destruction.

Psychological Services (DPS)

Division offering assessments, peer support, and critical incident response to employees and families.

General Manual (GM)

Compilation of DPS doctrines, policies, and operating procedures binding on all employees unless clearly inapplicable.

Ten General Orders

Core ethical directives governing all DPS employees, emphasizing courtesy, integrity, and lawful conduct.

Strike (Employee)

Unlawful work stoppage; DPS members are prohibited from engaging in any strike action.

Holiday Compensatory Time

Time earned by peace officers working a holiday that falls on Saturday or Sunday; must be used within 12 months.

Return-to-Work (RTW) Program

DPS mechanism enabling employees with work injuries to perform temporary duties within medical restrictions.

Family and Medical Leave Act (FMLA)

Federal law granting eligible employees up to 12 weeks of job-protected leave for specified family or medical reasons.

Work-Related Exposure (Workers’ Comp)

Incident involving infectious disease or injury during employment qualifying for medical and income benefits.

Critical Incident Stress Management

Structured assistance to personnel after traumatic events, provided by VESS peer support and behavioral-health staff.

Legal Bulletin (OGC)

Advisory publication from DPS Office of General Counsel summarizing legislative changes and legal issues for officers.