All Policies Combined

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Questions and Answers

What is a primary requirement for conducting a field identification after a suspect's arrest?

Medical approval is necessary for all field identifications.

The identification must occur within an hour of the offense. (correct)

The suspect must have legal representation during the identification.

Witnesses must be shown the suspect in a group setting.

Under what condition should officers consider using a lineup instead of a field identification?

If the witness seems hysterical or disoriented. (correct)

If the witness does not identify the suspect.

If multiple witnesses are available at the location.

If the suspect appears calm and untroubled.

What is the status of the suspect's right to counsel during a field identification?

The suspect has a right to counsel before any identification occurs.

Counsel is only required if more than one suspect is identified.

The suspect has no right to counsel at the field identification. (correct)

Counsel must be present during field identifications if requested.

What action is permitted if there is probable cause to arrest but the suspect consents to field identification?

Officers may conduct the identification without an arrest. Signup and view all the answers

What must officers do regarding the circumstances of the field identification?

Make a written record that includes the location and lighting conditions. Signup and view all the answers

What is the purpose of keeping a detailed record of informal identification procedures?

To document the circumstances of the identification in case of legal scrutiny. Signup and view all the answers

Which statement regarding the conduct of eyewitness identification procedures is true?

All procedures must be conducted without suggestiveness. Signup and view all the answers

When is an eyewitness identification deemed unnecessary?

When the witness was unable to see the offender at all. Signup and view all the answers

What must officers advise witnesses prior to their viewing of a suspect?

They are not obligated to identify the person in custody. Signup and view all the answers

What characterizes an informal identification procedure?

It is conducted without the need for probable cause to arrest. Signup and view all the answers

What must be done with physical evidence obtained during a crime investigation?

It must be tagged and stored in the BCSO Property Room by the end of the officer's shift. Signup and view all the answers

How should controlled substances be handled after being collected as evidence?

They are sealed in appropriate envelopes and tagged before placement in the Narcotics Drop Box. Signup and view all the answers

What action must be taken regarding hazardous evidence during collection?

It must be reported and stored in a special location arranged by the assigned investigator. Signup and view all the answers

Who is responsible for processing evidence and laboratory examinations?

Evidence Technicians are specifically assigned to handle such tasks. Signup and view all the answers

When can evidence be destroyed according to the guidelines?

After it's confirmed that the investigation is closed and no further action is pending. Signup and view all the answers

What is required before evidence with intrinsic value can be destroyed, sold, or disposed of?

Compliance with the CCP Signup and view all the answers

Who is responsible for releasing evidence back to the owner?

The investigator managing the case Signup and view all the answers

When should a firearm be unloaded at a crime scene?

Only when it poses a threat to life or property Signup and view all the answers

What is the proper packaging method for blood evidence recovered from a crime scene?

In a paper container or bag Signup and view all the answers

Who is allowed to process a firearm discovered at a crime scene?

The criminal investigator, Supervisor, or Evidence Technician Signup and view all the answers

Which situation requires patrol officers to intervene on behalf of a child?

A child has suffered serious bodily injury due to neglect. Signup and view all the answers

What should officers do when they observe obvious physical injuries on a child?

Photograph and document the injuries with a Criminal Investigator. Signup and view all the answers

Which factor indicates potential child neglect?

The child shows indicators of needing medical or dental attention. Signup and view all the answers

Which scenario reflects a situation warranting immediate police intervention?

A child is in a home with exposed wiring and broken glass. Signup and view all the answers

What does 'general cleanliness of the dwelling and the children' indicate?

Possible neglect if either the dwelling or children are not clean. Signup and view all the answers

Which of the following accurately defines 'Emotional Neglect' in the context of child welfare?

Failure to meet the developmental needs of a child. Signup and view all the answers

What constitutes 'Bodily Injury' as defined in child abuse investigations?

Physical pain, illness, or impairment of physical condition. Signup and view all the answers

Which of the following best describes 'Exploitation' in the context of child welfare?

Forcing a child to engage in harmful activities. Signup and view all the answers

In child protective services, what does 'Emergency Removal' imply?

Immediate action taken when a child's safety is at risk. Signup and view all the answers

What is the primary focus of a 'Child Protective Worker'?

To investigate child abuse and manage civil legal actions related to it. Signup and view all the answers

What defines a delinquent conduct in juveniles?

Conduct punishable by confinement in jail or imprisonment. Signup and view all the answers

Under what condition can a juvenile not be taken into custody?

For violation of probation without distinct charges. Signup and view all the answers

What is one condition that qualifies as conduct indicating a need for supervision?

Repeated violations of penal laws that are misdemeanor offenses. Signup and view all the answers

At what age is a child considered not criminally responsible?

Under ten years old. Signup and view all the answers

What action should an officer take if they cannot locate the parents of a child under ten years old?

Contact the Criminal Investigation Division or the Division of Human Resources. Signup and view all the answers

What is the protocol for handling a child who is taken into custody for a minor offense?

The child will be taken to the Juvenile Detention Center or an approved shelter. Signup and view all the answers

Which of the following is considered a status offense?

Truancy Signup and view all the answers

What must happen if a runaway refuses to return home?

They are released to an authorized shelter. Signup and view all the answers

What should be done if officers cannot contact a child's parents after taking them into custody?

Inform the Juvenile Detention Center. Signup and view all the answers

What is the maximum time a child can be held at the Sheriff's Office before being transferred?

4 hours Signup and view all the answers

What is one of the primary duties of officers responding to a domestic disturbance?

Restore and maintain order Signup and view all the answers

What constitutes serious bodily injury?

An injury creating a substantial risk of death or serious disfigurement Signup and view all the answers

In the context of family violence policy, what is an officer's duty regarding potential victims?

Protect any potential victim regardless of the relationship Signup and view all the answers

What is the definition of 'public place' in relation to access by the public?

Any place open to the public or a substantial group of the public Signup and view all the answers

What is the significance of establishing probable cause for a peace officer?

It forms a rationale for believing a crime has been committed Signup and view all the answers

When responding to a volatile situation, what is recommended for officer safety?

Always wait for a backup unit before approaching. Signup and view all the answers

In a dispute situation, what should officers avoid while interacting with the disputants?

Demonstrating favoritism towards one party. Signup and view all the answers

What is a best practice for officers when investigating family violence allegations?

Advise the victim of all reasonable means to prevent further violence. Signup and view all the answers

What should officers do if they are called to intervene in a domestic dispute where one party requests police assistance?

Enter the premises even if another party is against it. Signup and view all the answers

What initial action should officers take when intervening in a dispute?

Separate the disputants and limit their movements. Signup and view all the answers

What is required for an arrest warrant to be considered valid?

It must issue in the name of the 'The State of Texas'. Signup and view all the answers

Which statement about probable cause is correct?

It is based on reasonably trustworthy information. Signup and view all the answers

What should officers do if an arrest warrant lacks proper form?

Return the warrant to the issuing magistrate. Signup and view all the answers

When executing an arrest warrant, what must officers do regarding the warrant's existence?

Verbally communicate that the arrest is based on the warrant. Signup and view all the answers

What is reasonable suspicion defined as?

A rational belief based on credible and articulate information. Signup and view all the answers

What must officers do if they do not have a warrant in their possession when arresting someone?

Inform the arrestee of the charges and the warrant's origin. Signup and view all the answers

How long can an officer detain a person for a routine records check? (Two right answers, select just both)

Up to 60 minutes if the officer has suspicion. Signup and view all the answers

What should officers do to maintain records when executing warrants?

Record comprehensive details like date, time, result, and other pertinent information in a warrant file. Signup and view all the answers

What factors allow an officer to conduct a frisk during a warrant check?

If the officer has reasonable suspicion that the person may be armed and dangerous. Signup and view all the answers

When can detention for a records check exceed the usual time limit?

If there's reasonable suspicion of an outstanding warrant and there are unusual circumstances causing delays. Signup and view all the answers

What does the term 'curtilage' refer to in the context of residential properties?

The area immediately surrounding a dwelling including yards and garages Signup and view all the answers

Which situation exemplifies 'exigent circumstances'?

A suspect escaping during an ongoing investigation Signup and view all the answers

What is required for a search warrant to be considered valid?

It should identify the property to be seized and the location to be searched Signup and view all the answers

In law enforcement, what does 'probable cause' signify?

A reasonable belief based on trustworthy information that a crime has been committed Signup and view all the answers

What does 'mere evidence' refer to in legal terms?

Property that can confirm a crime without being an illegal item itself Signup and view all the answers

Under what circumstances may officers SEARCH a person found on the premises during the execution of a search warrant? (two right answers)

The person could be searched for items listed in the search warrant. Signup and view all the answers

What is one condition under which a person may legally be detained during a search warrant execution?

If they are an occupant of the premises being searched. Signup and view all the answers

Which of the following actions is NOT permitted under the plain view doctrine during a lawful search?

Taking any items that are not specified in the search warrant. Signup and view all the answers

What is a requirement for the validity of a detention during the execution of a search warrant?

Officers must have reasonable suspicion of criminal activity. Signup and view all the answers

Which action should the officer in charge prioritize during the execution of a search warrant?

Minimizing damage to property while entering the premises. Signup and view all the answers

What should an investigator advise the Patrolman when regarding to a computer invovled in a child pornogaphy call, while en route to the scene?

Not to alter or change the status of the computer. Signup and view all the answers

How should cases of child exploitation involving computers be managed by investigators?

All such cases require supervisory oversight and coordination. Signup and view all the answers

What is the protocol if child pornography is discovered during an investigation?

The officer must report it to their direct supervisor immediately. Signup and view all the answers

What is NOT permissible for Bexar County Sheriff’s Office employees when conducting investigations involving child pornography?

Conducting investigations from their homes. Signup and view all the answers

What should an investigator do upon arriving at a scene involving potential electronic evidence?

Notify supervisors and secure the area without altering the evidence. Signup and view all the answers

What action should an officer take if they receive a complaint regarding the possession of child pornography?

Refer the complaint to the appropriate investigator. Signup and view all the answers

Which of the following actions are Bexar County Sheriff’s Office employees prohibited from taking regarding child pornography?

Distributing any child pornography instances without authorization. Signup and view all the answers

What should occur when child pornography is discovered by a law enforcement officer?

No one should be allowed to disturb or alter the evidence. Signup and view all the answers

How does the Bexar County Sheriff’s Office approach investigations related to child exploitation?

Both reactive and proactive investigations are employed. Signup and view all the answers

What entities are the Bexar County Sheriff’s Office expected to cooperate with during child exploitation investigations?

Other law enforcement agencies and reputable organizations. Signup and view all the answers

Which chapter deals with all stolen property seized with or without a warrant?

Chapter 47 Signup and view all the answers

Which Articles of the CCP deal with all items seized pursuant to a search warrant?

Articles 18.09 - 18.16 Signup and view all the answers

Which article of the Civil Code of Procedure (CCP) concerns abandoned or unclaimed property?

Article 18.17 Signup and view all the answers

Which article of the CCP concerns the disposition of gambling paraphernalia, prohibited weapons, criminal instruments, and contraband?

18.18 Signup and view all the answers

Which article of the CCP pertains to the disposition of explosive weapons and chemical dispensing devices?

Article 18.181 Signup and view all the answers

Which article of the CCP addresses the disposal of seized weapons that are not prohibited?

Article 18.19 Signup and view all the answers

Which article of the CCP addresses shoplifting and thefts from merchants?

Article 38.34 Signup and view all the answers

What does Article 6687-1 §49(d) (1-7) concern?

The disposition of motor vehicles Signup and view all the answers

Which Article concerns the disposition of motor vehicles and vehicle parts with altered or obliterated serial numbers?

Article 6687-1, §49(d)(1-7) Signup and view all the answers

Study Notes

Field Identification

A field identification is a procedure where a suspect is presented alone to a witness.
It's also known as a "confrontation", "show up", or "one-on-one".
Field identification should only be used for suspects arrested near the crime scene within an hour of the offense.
Witnesses' mental and emotional state should be considered before using field identification.
The procedure should take place as soon as possible after the arrest.
Suspects have no right to counsel during a field identification.
If a suspect consents, an officer may conduct a show up without an arrest, even without probable cause.
A field identification can be conducted after an offense if there is a medical emergency and medical authorities approve, even without counsel for the suspect.
Only one or two witnesses should view a suspect during a field identification to avoid contamination.
A written record of the circumstances of the field identification should be kept.
The record should include location, lighting conditions, distance between suspect and witness, identity of everyone present, and any remarks made.

Informal Identification

Officers can use informal identification procedures when probable cause to arrest doesn't exist.
This involves observing a suspect who is at liberty and unaware of being watched.
A detailed record of all informal identifications must be kept.
The record should include the date, time, location, number of viewed persons matching the suspect's description, the suspect's and witness's reactions.

Lineups and Photo Displays

Lineups and photo identification displays are conducted according to written guidelines by the Criminal Investigations Division.

General Rules

All eyewitness identification procedures should be conducted fairly and impartially.
Officers should avoid suggestiveness or influencing witnesses.
Victims or witnesses should be advised that they are not obligated to identify a person.
They should also be informed that custody or handcuffs do not imply guilt or innocence.
Eyewitness identification procedures are unnecessary when the witness never saw the offender or could not identify them.

Evidence Collection and Handling

All evidence, including physical, narcotics, and paraphernalia, must be tagged, logged, and stored at the BCSO Property Room.
Hazardous evidence is excluded from the Property Room.
Evidence technicians process and examine evidence, and only they can remove it from the property room.

Evidence Destruction and Release

Evidence with no intrinsic value is destroyed after the investigation is closed.
Evidence with intrinsic value, such as cameras and firearms, is destroyed only according to the CCP.
Property is released to owners after proper identification and authorization by the investigator.
Court orders are required for the release of recovered property.
Only authorized personnel can enter the Property Room.

Firearm Evidence

Firearm evidence is not disturbed until documented and processed, unless it poses a threat.
Unloading a firearm is done only by the investigator, supervisor, or Evidence Technician.
Evidence Technicians typically process all firearm evidence at a crime scene.

Blood and Other Evidence

Blood evidence is not packaged in plastic bags, but rather, is dried and packaged in paper containers.
Body secretions and other material of evidentiary value are recovered by the investigating officer or Evidence Technician.

Latent Print Processing

BCSO officers can process crime scenes for latent prints if feasible.
Officers can use BCSO-provided fingerprint kits or their own.

Weapon Seizures

Officers need to familiarize themselves with Chapter 46 of the Penal Code regarding weapons.
Officers may seize weapons in volatile situations for safekeeping, according to BCSO policy and procedures.
Weapons may be seized when stolen, contraband, or used in the commission of a crime.

Property Seizure and Release

Property can be seized by officers in various circumstances, including pursuant to:
- Search warrant
- Court order or writ
- Arrest
Recovered stolen property is subject to court orders and is not released to anyone without authorization.
Exceptions:
- Property for Sale/Lease: Property offered for sale or lease by a merchant can be released after being photographed under Chapter 38.34 of the CCP.
- Shoplifting: This falls under the exception for property for sale/lease.
Disposal of Property:
- Property seized pursuant to a search warrant is disposed of by the magistrate or judge issuing the warrant.
- Property seized without a warrant is disposed of by the magistrate who magistrated the arrested suspect.
- Property held as evidence is disposed of by the trial court.

Stolen Property Cases

Officer must take custody of all alleged stolen property rather than returning it to the rightful owner at the scene.
The only exception is under Article 38.34 of the CCP, which allows for the photographing of stolen property that was for sale or lease and was taken from a merchant.
Remind the citizen that the recovered property may be needed as evidence and will be returned as soon as possible.
Disposal of the property depends on how it was seized and whether a criminal action is pending.
Articles 18.09 - 18.16 and Chapter 47 (CCP) apply to most cases.
Important Note: Deputies need a magistrate or court order to dispose of any property.

Child Abuse and Neglect Definitions

Abuse: Non-accidental physical, emotional, or mental harm inflicted on a child by a person responsible for their wellbeing.
Bodily Injury: Physical pain, illness, or impairment of physical condition.
Child: A person under 18 years of age who is not married, has not had their minority status removed, and is not emancipated.
Child Protective worker: DFPS staff member trained to investigate child abuse and handle related civil legal actions.
Court: The District Court with jurisdiction over parent-child relationship cases.
Designated Agency: Court-designated agency to protect children and receive child abuse reports.
Emergency Removal: Removing a child from their home without parental consent before a court hearing, due to immediate danger to their health or safety.
Emotional Neglect: Parent or caretaker failing to provide for a child's developmental needs (stimulation, affection, consistent care).
Exploitation: Forcing a child to participate in activities detrimental to their well-being by a person responsible for their health or welfare.
Lack of Supervision: Parents failing to account for a child's actions and whereabouts.
Medical Neglect: Parents failing to secure needed medical, surgical, or psychiatric treatment.

Recognizing Signs of Child Abuse and Neglect

Physical Indicators:
- Bruises: Unexplained bruises in various stages of healing.
- Burns: Burns with unusual shapes or patterns.
- Fractures: Multiple fractures or fractures that are beyond the normal range for age.
- Head injuries: Head injuries with no clear explanation.
- Stained, torn, or bloody underclothing: Suggestive of sexual abuse.
- Plainly visible bleeding in the genital or anal areas: Possible sexual abuse.
Behavioral Indicators:
- Problems in talking: Difficulty articulating or responding to questions.
- Poor physical development: Underweight or delayed physical development.
- Extremely undernourished infants: Significant weight loss or failure to thrive.
- Behavioral extremes: Unusual aggression, withdrawal, or fear.
- Attempted or threatened suicide: Signs of emotional distress.

Intervention Requirements

Patrol officers or investigators must intervene if:
- A child has suffered serious bodily injury due to neglect or lack of supervision.
- A child is in imminent danger of physical injury, either inflicted non-accidentally or due to neglect.
- A child has been sexually abused.
- A child needs immediate medical attention to prevent death, severe disfigurement, or impairment of bodily functions.
Officers encountering a child in distress outside the home should:
- Identify the child's parents or person in charge whenever possible.
- Not disclose the identity of the person reporting child abuse unless necessary for the investigation.
Interviewing:
- Parents and other suspects should be interviewed separately.
- Interviewing a child depends on their age, ability to evaluate events, emotional state, the risk of retaliation, prior interviews by child protective workers, and parental permission or court order.
- Investigators should be of the same sex as the child victim, especially in cases of sexual abuse.

Unattended Children in Cars

Leaving a child under 7 years of age unattended in a vehicle for more than 5 minutes without a responsible adult present is a Class C misdemeanor.
Violations may warrant custodial arrest in aggravated circumstances.
Custodial arrest considerations:
- Immediate danger to the child.
- Child left longer than 30 minutes.
- Offender intoxicated or incapable of responsible care.

Sheriff's Office Procedures

All child abuse and neglect reports are received on a 24-hour basis.
Cases are referred to Texas DFPS.
Dual Purpose:
- Protect children.
- Collect evidence for possible criminal prosecution.
Intervention Guidelines:
- The responding patrol officer conducts a preliminary investigation and notifies the appropriate investigator. The investigator is responsible for follow-up and contacting DFPS.
- Emergency situations:
  - Removal of the child from the home if they are in immediate danger. Authorization is required from a Patrol Supervisor or Investigator.
  - Placement in an emergency shelter facility.

Importance of Documentation (Investigation Procedures):

Photographs: Injuries, home conditions, and “crime scene” evidence.
Complete Reports:
- Include details of the home environment, child's condition, and pertinent information.
- Include names and ages of children present and who is responsible for them.
- Include descriptions of injuries and physician's remarks in cases of physical abuse.
Evidence Collection: Physical evidence and samples for lab exams.
Outcry Statement: Obtained by the investigator.
Coordination with DFPS: Investigator collaborates with DFPS caseworkers to obtain or clarify child statements.
Second Interviews: Should minimize additional trauma to the child.

Definitions

Child: A person between the ages of 10 and 17.
Delinquent Conduct: Behavior that violates a state penal law punishable by imprisonment or jail time, or violating a lawful court order.
Conduct Indicating a Need for Supervision: Behavior that violates misdemeanor laws punishable by fine only (Class C), or city ordinances on three or more occasions.
Truancy: Unexcused absence from school.
Runaway: Voluntary absence from home without parental consent for a significant time or without intent to return.

Taking into Custody

Law enforcement officers can take a child into custody:
- Pursuant to a juvenile court order.
- Under arrest laws.
- When there are reasonable grounds to believe the child engaged in delinquent conduct or conduct needing supervision.
Officers cannot take a child into custody for violation of probation.
A child taken into custody must be charged with a specific offense.
Children under ten years old cannot be held criminally responsible.

Handling Juveniles Not Qualifying for Booking

Field Release: An officer can release a child to a parent, guardian, or responsible adult if counseling is not necessary, the child is unlikely to return to delinquent behavior, and the offense is minor (e.g., runaway, truancy, curfew violations, Class C theft).
Detention Procedures:
- A child taken into custody who is not released will be taken to the Juvenile Detention Center, an approved shelter, or the Criminal Investigation Division (for serious offenses).
- Children cannot be held at the Sheriff's Office for more than four hours.
- Officers must notify parents promptly about the arrest and reasons for taking the child into custody.
- Supervisors review juvenile arrests to ensure legality and timely transport to the appropriate location.

Handling Status Offenders

Status offenses include runaway and truancy.
Truants are transported to their school and released to school officials during school hours.
Out-of-town runaways are taken to the Juvenile Detention Center to await transfer to their home jurisdiction.
Runaways are released to their parents unless they refuse to return home and there is a high risk of them running away again, or there is no responsible adult to take custody.
Local runaways who are not released to their parents may be referred to an authorized shelter if one is available.

Follow-Up Procedures

Follow-up Investigations:
- A child brought to the Sheriff's Office for follow-up investigation will be taken before a magistrate before any statements are obtained.
- The child will not be booked unless they meet the criteria for incarceration.
- The child will be kept away from adult prisoners.
- The child cannot be kept at the Sheriff's Office for more than four hours.
- If the child is charged with an offense, they will be processed at the Juvenile Detention Center with all relevant reports.
Interviews in Schools:
- Elementary Schools: Parent notification and presence are required for interviews. Removal to a police station is only allowed in the most serious cases and after parental consent.
- Junior High and Senior High Schools:
  - Felony Suspects: Parents are notified, and the child is usually taken to the police station for an interview. A school official must be present.
  - Lesser Offenses, Victims, and Witnesses: Parents are notified about the interview.

Domestic Disturbance Policy

Police officers must respond to domestic disturbances.
In such situations, officers should prioritize restoring order and rendering emergency assistance, preventing escalation of violence, determining if a crime occurred, making arrests when appropriate, and informing disputants of their options and resources.
Family violence is a serious threat to society, and victims are entitled to maximum protection.
Officers must protect victims regardless of their relationship with the offender.
General duties to prevent criminal offenses are not waived due to a family relationship.
The primary duties of officers investigating family violence include protecting potential victims, enforcing the law, and making lawful arrests.

Procedures

Officers should approach domestic disturbance scenes cautiously and with backup units.
If the call was initiated by a third party, officers should inform them of complaint filing options but not reveal their identity to the disputants.
Officers must take control of the situation by separating disputants, controlling access to weapons, and limiting movement. They should direct individuals to a public area, ideally free of potential weapons.
Officers should remain impartial and allow each disputant to present their story individually.
Officers should avoid brusqueness, irrelevant interrogation, intimidation, or favoritism when gathering facts and assessing the situation.
They should strive to reduce tension and risk of violence.
Police officers must advise potential adult victims of means to prevent further family violence, including providing the BCSO's written "Notice to Adult Victims of Family Violence."

Entry and Intervention

Police officers may enter private premises if a party to the dispute requests intervention, even if others object.
Officers should not assist a locked-out party in forcing entry unless necessary to protect life or property.
If all parties refuse entry, officers may only enter if they have probable cause to prevent serious bodily injury or provide emergency aid.
After entering with consent, officers must leave if all parties request it and no arrest or threat of further violence is present.
If one party requests officers to stay, they may remain until satisfied there is no risk of further violence.

Remedies

Officers should implement the most appropriate remedy to reduce tension and prevent future violence.
Remedies include mediation, informing disputants of services, temporary separation, notifying of criminal liability, advising about civil protective orders and peace bonds, voluntary weapon surrender, temporary restraint, and arrest.
If officers suspect child abuse or neglect, they should handle the matter according to Chapter 21 on child abuse and neglect investigations.
When arresting a parent or sibling of a child, efforts should be made to avoid their presence.
The welfare and safety of all children must be considered in domestic disputes.

Peace Bonds

Officers should attempt to ascertain whether a peace bond is in effect. They cannot arrest solely for violating a peace bond but may if the act itself constitutes a crime.
If an officer believes a disputant is violating a peace bond, they should note the violation on their report and ensure a copy is sent to the District Attorney.

Firearm Surrender

Officers responding to family violence calls should attempt to determine if firearms are present and remove them for safekeeping if lawful.
Owners should be asked voluntarily to surrender firearms for safekeeping.
If the owner refuses and officers believe removal is necessary to prevent injury, they may remove the firearm if probable cause exists.
Officers taking possession of firearms should separate the ammunition and issue a property receipt.
The firearm will be secured in the evidence room.
Return of firearms requires proof of ownership, valid identification, and a clear criminal history check.
If a criminal history check reveals a legal impediment to firearm possession, the officer should refuse to return the weapon unless ordered by the court.
Officers must notify the Sheriff's Office legal advisor if the return of a weapon is refused.

Legal Impediments to Firearm Return

Legal impediments preventing the return of firearms include felony convictions in any state, misdemeanor crimes of domestic violence convictions, injunctions prohibiting firearm possession, mental defect adjudications, outstanding criminal warrants, family violence civil protective orders, and any other legal impediment to owning or possessing a firearm.
If a firearm cannot be returned or is abandoned, the Sheriff's Office will follow proper disposal procedures.
Officers should report incidents completely and accurately.

Arrest Warrant Definitions

An arrest warrant is a written order issued by a magistrate commanding peace officers to arrest a named or described person due to probable cause.
Probable cause is the set of apparent facts and circumstances, based on reasonably trustworthy information, that would lead a prudent person to believe that someone has committed an offense.
Reasonable suspicion is an officer's belief, based on credible information and circumstances, that an offense may have occurred or that a specific person may have committed an offense.

General Duties When Executing an Arrest Warrant

Officers must rely on arrest warrants unless warrantless arrest is permitted under Chapter 11.
Officers must never alter warrant information.
Officers must assume any arrest warrant in proper form is valid.
A valid arrest warrant must:
- Be issued in the name of the "The State of Texas"
- Specify the accused person's name (or a reasonable description if the name is unknown)
- State the accused offense
- Be signed by the magistrate with their office named
Officers must execute valid arrest warrants as provided by law.
If a warrant is improperly formed, it must be returned to the issuing magistrate.
If officers have questions regarding a warrant's details, they must verify the information before making an arrest.

General Procedures for Executing an Arrest Warrant

Officers don't need physical possession of the warrant to execute it.
Officers must inform the arrestee that the arrest is being made under a warrant, show it to them if possible, and inform them of the charged offense and warrant origin if not.
Interrogation is prohibited unless the arrestee has been informed of their Miranda rights.
Arrested individuals must be brought before a magistrate in the county of arrest without unnecessary delay.

Warrant Execution Procedures

If an officer believes an individual is wanted in public but doesn't have the warrant, they must detain the individual and verify that the warrant is still active before making an arrest.
When lawfully detaining someone, officers must initiate a records check to see if they have outstanding warrants.
A person lawfully detained for a records check can be detained for a reasonable time, with a maximum of 30 minutes for routine checks.
If the officer reasonably suspects an outstanding warrant but can't get the information in time, the detention period can be extended to 60 minutes.
Detained individuals can be prevented from leaving the officer's presence, and can be frisked if the officer believes they are armed and dangerous.

Planned Warrant Execution

Officers must maintain a warrant file, recording the date, time, results, and any pertinent information when executing or attempting to execute warrants.
Warrants should generally be executed during daylight hours, unless it's unsafe or impractical.
Warrants should be executed when the suspect is most likely to be present and when resistance is least expected.
Executing warrants should minimize inconvenience to others unless impractical.
Officers must balance their own safety, effectiveness, and the convenience of occupants.
Warrants can be served at any public or private location where the individual named is reasonably believed to be.
If the warrant is outstanding, officers can enter the suspect's residence if they have probable cause to believe they are inside.
Officers should, unless impractical, have the warrant or a copy when executing it at a residence.
If the warrant is outstanding and the suspect is believed to be in another person's residence, officers can enter to execute the warrant only with a search warrant, consent from the resident, or exigent circumstances making a warrant impractical.
Entry into the suspect's workplace requires the warrant or a copy, unless impractical. Officers must justify any reason for not obtaining a warrant.
Officers generally shouldn't use force to enter private property to execute a misdemeanor arrest warrant. However, they can forcibly remove the offender if they've gained legal entry.
Officers should generally announce their identity and purpose before entering a residence, wait a reasonable time, and then demand admittance. This can be bypassed with a felony arrest warrant if officers reasonably believe that exigent circumstances exist that would endanger their safety or the security of the suspect.
Forceful entries should be made with the least force possible, aiming to minimize damage.
Officers must take precautions to ensure everyone's safety when forcibly entering a residence to execute a felony arrest warrant.
After a forceful entry, officers must secure the premises by controlling the movement of everyone who appears to be a threat and controlling any potential weapons.
Any detentions, warrantless arrests, frisks, searches, or seizures conducted during warrant execution must adhere to relevant rules.
Premises must be left as secure as found.
Arrests under warrant are to be conducted with minimal embarrassment or disruption to the offender, so long as officer safety and convenience isn't compromised.
The Sheriff must be notified before major arrest warrant operations.

Disseminating Warrant Information

Information regarding arrest warrants must be entered into TCIC and NCIC according to established guidelines when a magistrate issues a warrant.
Successfully executing an arrest warrant requires taking steps to cancel all information regarding the warrant.

Other Departments Executing Local Warrants

If another law enforcement agency in Texas is holding a prisoner on a BCSO warrant, the BCSO must notify the holding agency and release or pick up the prisoner within five days.
When an out-of-state agency notifies the BCSO of a successful execution of a BCSO arrest warrant and is holding the person arrested, the BCSO must pursue extradition proceedings.

Required Reports

Offense or Incident reports must be prepared whenever force beyond non-requesting handcuffing is used during an arrest, detailing the exact force and the justification for its use.
Reports must be prepared whenever any property is damaged during an attempted apprehension, detailing the type of property, the owner, description of the damage, and justification for the damage.

Search Warrants

A search warrant is a written order issued by a magistrate, based on probable cause, authorizing a peace officer to search for and seize specific property or items.
Curtilage includes the yard and buildings directly associated with a residence, such as garages, sheds, and fenced-in areas, but excludes vehicles in the street, commercial structures, and open fields.
Exigent circumstances are emergencies that require immediate action, such as the potential for escape, bodily injury, evidence destruction, or property damage.
Mere evidence refers to items that are not contraband or fruits of a crime but constitute evidence of an offense, tending to show that a particular person committed a crime.
Probable cause exists when there is a total set of facts and circumstances, based on reasonably trustworthy information, sufficient to warrant a reasonable person in believing that something, such as the commission of an offense, is true.
Reasonable suspicion is a less demanding standard than probable cause; it requires an officer's rational belief, based on credible and articulable information, that an offense may have occurred or that a person may have committed an offense.

Search Warrant Execution

Officers must generally obtain a search warrant before conducting a search or seizing property, with exceptions outlined in Chapter 16 on warrantless searches.
A search warrant should include:
- The name of the State of Texas.
- The property to be seized and the person, place, or thing to be searched.
Officers may not search places or things that could not contain or conceal the items described in the warrant.
During a lawful search, officers may seize items not named in the warrant under the plain view doctrine if they have probable cause to believe the items are contraband, fruits of a crime, stolen property, evidence of a crime, or instrumentalities of a crime.
Officers may detain occupants of the premises or individuals with reasonable suspicion of involvement in criminal activity during the execution of a search warrant.
A person found at the scene may be searched incident to a lawful arrest, if the warrant directs a specific person be searched, if officers have reasonable suspicion the person is armed and dangerous, or if probable cause exists to believe the person has seizable property.
A search warrant authorizes only one search of the premises; officers cannot search the premises again under the same warrant after leaving.

Search Procedure

A BCSO legal advisor or member of the prosecutor's office may accompany officers during the execution of a search warrant when necessary.
Officers should take measures to ensure the safety of officers, the items sought, and persons at the scene.
Entry to private premises should be by the least forceful means possible. Officers should ring the doorbell or knock and announce their identity and purpose.
In exigent circumstances, officers can use the most efficient means to enter the premises, but they should strive to inflictminimal damage.
Officers must first secure the premises, locating and controlling persons and items that could pose a threat.
Officers may frisk any person who they reasonably suspect may have a weapon on their person, and inform those not needed at the scene to leave for a reasonable period of time.
During the search, officers should attempt to prevent and minimize property damage, keep a record of areas searched, items seized, and their locations, and safeguard the admissibility of all seized property.
A written inventory of seized property should be prepared, and a copy left with the owner or person in possession of the property if present.
Officers should leave the premises as secure as when they entered.

Arrests During Search

Officers can require identification of persons on the premises to determine if they are named in an outstanding arrest warrant when executing a search or arrest warrant.
Officers can arrest individuals for contraband or other items seized during the search if they have probable cause to believe an offense has been committed.
Officers may arrest any person who attempts to escape, forcefully resists, or interferes with the execution of a search warrant.
Arrests should be made in accordance with the rules in Chapter 11 on warrantless arrests.

Support Units

Investigators may enlist the aid of support units, such as a warrant entry team or SWAT, to execute search warrants in circumstances presenting unusual or exceptional threats to officer safety.
The Evidence Unit can be requested to recover stolen property during the execution of a search warrant.
Uniformed patrol officers and warrant officers can assist in approaching and securing the premises to be searched.

Reports

Thorough reports should be generated to document all searches and seizures, including any use of force, property damage, and explanations for both.

Purpose and Policy

The Bexar County Sheriff's Office has established guidelines for responding to child pornography reports.
The policy is to aggressively investigate all reports of child exploitation and victimization.
The Bexar County Sheriff's Office will respond to reports from the public, other law enforcement agencies, businesses, government entities, and organizations like the National Center for Missing and Exploited Children.
Investigations include reactive (responding to calls) and proactive (undercover operations) measures.