BCSO POLICY / INVESTIGATOR TEST

BCSO POLICY FLASH CARDS

1 CH 18 Field identification Recall High What is a field identification?

A procedure—also called a confrontation, show-up, or one-on-one—in which

When may a suspect arrested near the scene be held or taken to a witness for field identification?

When the arrest is near the scene and occurs within approximately one hour after the offense.

What should officers do if a witness appears hysterical or disoriented?

Do not conduct the field identification; use a lineup after an appropriate delay.

What happens if the witness does not identify the suspect during a field identification?

Release the suspect unless officers still have probable cause to believe the suspect committed an offense.

Does a suspect have a right to counsel at a field identification?

NO A suspect does not have a constitutional right to counsel during a field identification meeting.

May officers conduct a show-up without arresting a suspect when probable cause exists?

Yes, if the suspect consents to the field identification.

May a person be briefly detained for a field identification without probable cause?

Yes, when the officer reasonably suspects the person committed the offense and the detention is near the scene within approximately one hour.

When may a field identification occur regardless of the time elapsed?

When a medical emergency exists and medical authorities approve.

How should multiple witnesses be handled during identifications?

Each witness identifies separately and must not communicate about the identification until all have completed it.

Where should a field identification occur?

The field identification should occur in a location that avoids contamination of evidence and minimizes the stress of the situation for the witness. Lineups should be used after an appropriate delay.

Name three facts that must be documented after a field identification

Location and lighting; distance between witness and suspect; identities of witnesses/persons present; and all remarks made.

What warning should be given before a witness views a suspect?

The witness is under no obligation to identify anyone and should not infer guilt merely because the person is detained or handcuffed.

When is eyewitness identification unnecessary?

When the witness never saw the offender, already knew or independently learned the suspect’s identity, or the suspect was arrested while committing the crime.

What is an informal identification?

A procedure in which officers take a witness to observe a suspect who is at liberty and usually unaware of being observed.

When may informal identification be used?

When probable cause to arrest the suspect does not exist.

By when must seized or recovered evidence be tagged and placed in the Property Room?

Before the end of the seizing officer’s shift or tour of duty.

How are controlled substances packaged and stored?

Seal them in the appropriate envelope, tag and log them, and place them in the Narcotics Drop Box.

Is narcotics paraphernalia placed in the Narcotics Drop Box?

No. Separate it from controlled substances when possible and place it with other physical evidence.

Is hazardous evidence stored in the Property Room?

No. The assigned investigator arranges appropriate storage

What additional form is required when evidence needs laboratory examination?

A Lab Submission Form routed to the Evidence Unit.

suspect when probable cause exists?

Who processes or examines evidence?

Evidence Technicians, or an outside entity arranged through them.

How often must the investigator notify the Evidence Technician/Property Officer of the status of recovered property and evidence?

Every 30 days.

When may an evidentiary firearm be disturbed before documentation or processing?

When it faces destruction or contamination, or poses a threat to life or property.

Who should unload an evidentiary firearm at a crime scene when unloading is necessary?

The investigator, supervisor, or Evidence Technician.

How should blood evidence be packaged?

Air-dry when possible and package in paper—not plastic. This preserves the integrity of the sample.

What happens to latent prints lifted by an officer?

Preserve them on approved cards, properly complete the card, log it, and place it in the secure box.

Who is responsible for personal property recovered from a deceased person?

The Medical Examiner.

Who generally transports recovered stolen property to the Property Room?

The officer or investigator who physically recovers it.

May recovered stolen property generally be released to the owner at the scene?

No, except qualifying merchant/shoplifted property under CCP Art. 38.34 after it is photographed.

Who begins the chain of custody for recovered property?

Recovering officer or Investigator.

For Chapter 21, how is a child generally defined?

A person under 18 who is not and has not been married and whose disabilities of minority have not been removed for general purposes.

What must patrol do when receiving a child-welfare report?

Investigate, notify an investigator, complete an offense report when contact/complainant/address exists, note forwarding to DFPS, and forward the report to CID.

What five categories should be obtained from a child-abuse report?

Child’s name/age/address; parents/caretakers; incident or injury details; present condition; and siblings in the home.

What should officers do when neglect is present but emergency removal is unnecessary?

Notify a supervisor before entry if no adult is available, locate parents, arrange temporary in-home care when possible, and notify CID/DFPS if no

caregiver is available.

What home conditions must officers document?

Eating/sanitary facilities, safety factors, cleanliness, children’s appearance, parent-child behavior, and reactions to officers.

Name common indicators of severe bodily injury in child abuse.

Patterned burns, head/face injuries, extensive bruising or bruises in various healing stages, and unexplained abdominal injury.

What is required when obvious physical injuries are observed?

Have the injuries photographed and documented by a Criminal Investigator.

When must officers intervene on behalf of a child?

Serious bodily injury from neglect/lack of supervision; imminent danger; sexual abuse; or immediate medical need when parents are unwilling or

unavailable

What is required before patrol removes a child without consent based on immediate danger?

Advise the patrol supervisor and contact CID.

May officers use force to enter and remove a child?

Yes, when probable cause exists that the child is in imminent danger of serious bodily injury; only reasonable force may be used.

May a removed child be placed in jail or juvenile detention?

NO

Should a foster facility’s name and address be included in the offense report?

No, and the child’s whereabouts are released only to DFPS or law enforcement.

When must suspected parents or caretakers receive Miranda warnings?

When questioning becomes custodial interrogation.

How should parents or other suspects be interviewed?

Separately.

What factors determine whether a child should be interviewed?

Age, ability to evaluate events, emotional state, retaliation risk, prior interviews, and permission or court order.

For juvenile procedures, what is a child?

A person at least 10 years old and under 17.

When may an officer take a child into custody?

Under a juvenile court order, under the laws of arrest, or on reasonable grounds of delinquent conduct or conduct indicating a need for supervision.

May an officer take a child into custody solely for violation of probation?

No. The probation officer must specify a separate charge.

May a juvenile be charged only with 'delinquent conduct'?

No. A specific offense must be charged.

How are offenders under age 10 handled?

They are not criminally responsible and must be released to parents; if no responsible adult is located, contact CID or Human Resources and complete

a report.

When may a juvenile be field released?

When counseling is unnecessary, return to delinquent behavior is unlikely, or the offense is minor.

What report requirement follows a juvenile field release?

Complete an offense report and forward a copy to the Juvenile Detention Center.

Where may a juvenile not released with a warning be taken?

Juvenile Detention Center, an approved shelter, or CID only for a serious offense requiring immediate follow-up.

How long may a juvenile be held at the Sheriff’s Office?

No more than four hours without a court order or additional justification.

Who must be notified when a child is taken into custody?

Promptly notify the parents and explain the reason; also notify a supervisor of any juvenile arrest

Where are truants taken during school hours?

To their school and released to a school official.

How are out-of-town runaways handled?

Transport them to the Juvenile Detention Center to await transfer to their jurisdiction.

What must occur before an investigator obtains a statement from a juvenile brought for follow-up?

The child must be taken before a magistrate.

How must juveniles be housed at the Sheriff’s Office?

Away from adult prisoners at all times.

What is required before interviewing an elementary-school child?

Notify the parent and allow time to arrive; interview in the presence of a school official regardless of parent attendance

What are the three primary duties in possible family violence?

Protect potential victims, enforce the law, and make lawful arrests.

What must officers attempt to accomplish at a domestic disturbance?

Restore order, render emergency aid, prevent escalation, determine whether a crime occurred, arrest where appropriate, and explain remedies/resources.

What is the preferred response configuration for domestic disturbances?

Two units or a two-person unit; a single officer should wait for backup when prudent

May officers reveal the identity of an uninvolved third-party caller?

NO, officers should maintain the confidentiality of the caller's identity to encourage reporting of future incidents.

What initial control measures should officers use?

Separate disputants, control weapons, limit movement, use a weapon-free area, and obtain stories individually

What written information must a possible adult family violence victim receive?

The BCSO Notice to Adult Victims of Family Violence.

May officers enter when one party requests police intervention and another objects?

YES

May officers help a locked-out disputant force entry?

No, unless immediately necessary to protect life or property.

When may officers enter after all parties refuse entry?

When probable cause exists that immediate entry is necessary to prevent serious bodily injury or render emergency aid; otherwise advise a supervisor

List the remedies in increasing intervention.

Mediation; services; voluntary separation; criminal-liability warning; protective order/ peace-bond/complaint information; voluntary weapon surrender;

temporary restraint; arrest

What must officers consider in every domestic dispute?

The welfare and safety of all children present or under the disputants’ care and the potential for escalation of violence.

What is required when family-violence assault occurs in an officer’s presence?

Arrest the assailant.

When must officers arrest for a family-violence assault that occurred before arrival?

When probable cause shows bodily injury and danger of further bodily injury.

What is required when probable cause shows prior family violence violated a qualifying protective order?

Arrest the offender.

May a person be arrested solely for alcohol intoxication in a private place?

NO

What is an arrest warrant?

A written magistrate’s order based on probable cause directing a peace officer to arrest a named or described person.

What four items make an arrest warrant valid on its face?

Issued in the name of the State of Texas; identifies the person; states the named state offense; and is signed by the magistrate whose office is named.

When must an arrest warrant automatically be verified before execution?

When issued 30 days or more before execution.

Must officers physically possess an arrest warrant to execute it?

NO

What must an officer tell an arrestee when the warrant is not physically possessed?

That the arrest is pursuant to a warrant, the charged offense, and where the warrant originated.

May an officer interrogate a warrant arrestee before Miranda warnings?

NO

When must a warrant arrestee be taken before a magistrate?

Without unnecessary delay.

What is the ordinary maximum detention for a routine warrant check?

The time necessary to conduct the check or 30 minutes, whichever is shorter.

When may a warrant-check detention exceed 30 minutes, and what is the total maximum?

With reasonable suspicion that a warrant exists and unusual delay in obtaining confirmation; no more than 60 minutes total.

When may officers enter the wanted person’s residence to execute an arrest warrant?

When they have probable cause to believe the person is inside.

What is required to enter another person’s residence to arrest the wanted person?

A search warrant, consent from the person in control, or exigent circumstances.

May officers generally force entry into private premises to execute a misdemeanor arrest warrant?

NO

What is the general entry procedure for private premises?

Knock or ring, announce identity and purpose, demand entry, and wait a reasonable time.

What must be documented when property is damaged during apprehension?

Type and owner of property, description of damage, and reason or justification.

How quickly must BCSO release or pick up a prisoner held by another Texas agency on a BCSO warrant?

Within five days.

What makes a search warrant valid on its face?

It runs in the name of the State of Texas, identifies property and place/person/thing, commands a proper-county peace officer to search

immediately, and is dated and signed by a magistrate.

What must officers do with the warrant at the scene?

Bring it and exhibit it to the person in charge, if any. They must show it to the person in charge of the property or premises being searched.

How many whole days are allowed for a DNA-specimen warrant?

15 whole days, excluding the issuance and execution days

How many whole days are allowed for most other search warrants?

Three whole days, excluding issuance and execution days.

Where may officers search under a warrant?

Only the place described, including curtilage structures where the named items could be kept.

May officers search a place or item that could not contain the object named in the warrant?

NO, they cannot search places or items that are not described in the warrant.

When may officers seize an item not named in the warrant?

When lawfully observed and probable cause shows it is contraband, fruit, stolen property, evidence, or an instrumentality of crime.

May anyone present be detained solely because they are at the search scene?

No; detention requires occupant status or reasonable suspicion of criminal involvement