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Questions and Answers
What is the general rule about how long officers should follow a vehicle?
What is the general rule about how long officers should follow a vehicle?
- Officers should follow a vehicle for as long as needed to establish probable cause for a traffic stop.
- Officers should follow a vehicle until they have enough evidence to make an arrest.
- Officers should not follow a vehicle longer than needed to establish reasonable suspicion for a traffic stop. (correct)
- There is no general rule about how long officers should follow a vehicle.
What must officers be mindful of when dealing with injured or ill persons?
What must officers be mindful of when dealing with injured or ill persons?
- That injured or ill persons should not be required to perform field sobriety tests.
- That injured or ill persons should be transported to a hospital immediately.
- That injured or ill persons often display disorientation like intoxication. (correct)
- That injured or ill persons should not be questioned without a Miranda warning.
Where should a suspect be interviewed if they are removed from their vehicle for further observation and/or testing?
Where should a suspect be interviewed if they are removed from their vehicle for further observation and/or testing?
- The text does not specify where the suspect should be interviewed.
- At the police station.
- In a position that allows the officer to observe the suspect, the suspect's vehicle, and any on-coming traffic. (correct)
- In the back of the police vehicle.
When must officers give the Miranda Warning to a suspect?
When must officers give the Miranda Warning to a suspect?
What is the preferred method of testing for blood alcohol content in Dallas County?
What is the preferred method of testing for blood alcohol content in Dallas County?
What must officers do if a suspect refuses to provide a breath sample?
What must officers do if a suspect refuses to provide a breath sample?
What is the primary purpose of the policy outlined in Section 329.01?
What is the primary purpose of the policy outlined in Section 329.01?
What action must officers take when dealing with prescription drug cases involving possession?
What action must officers take when dealing with prescription drug cases involving possession?
What must be included in the PROBABLE CAUSE AFFIDAVIT for possession of prescription drugs?
What must be included in the PROBABLE CAUSE AFFIDAVIT for possession of prescription drugs?
In cases of attempted possession of fraudulent medication, what is necessary for officers to secure as evidence?
In cases of attempted possession of fraudulent medication, what is necessary for officers to secure as evidence?
What is considered a violation under 481.129 (c) 2 of the Texas Health and Safety Code in relation to fraudulent prescriptions?
What is considered a violation under 481.129 (c) 2 of the Texas Health and Safety Code in relation to fraudulent prescriptions?
What defines an individual as being 'intoxicated' as per Section 329.03?
What defines an individual as being 'intoxicated' as per Section 329.03?
Where can DWI arrests be made?
Where can DWI arrests be made?
Can a juvenile (10 to 16 years old) be requested to provide a breath specimen for a DWI arrest?
Can a juvenile (10 to 16 years old) be requested to provide a breath specimen for a DWI arrest?
If an officer believes that no arrest should be made for a potentially intoxicated driver, what should they do?
If an officer believes that no arrest should be made for a potentially intoxicated driver, what should they do?
What is the procedure for obtaining a breath sample from a juvenile (10 to 16 years old) arrested for DWI?
What is the procedure for obtaining a breath sample from a juvenile (10 to 16 years old) arrested for DWI?
What documentation is generally required for every DWI or DWI-related offense?
What documentation is generally required for every DWI or DWI-related offense?
What constitutes a Driving Under the Influence – Minor (DUI) offense?
What constitutes a Driving Under the Influence – Minor (DUI) offense?
If a minor between the ages of 17 and 20 is suspected of DUI, what action should an officer take?
If a minor between the ages of 17 and 20 is suspected of DUI, what action should an officer take?
What is required to seize a minor's Texas Driver's License?
What is required to seize a minor's Texas Driver's License?
In the absence of a witness, how many affirmative links are required to arrest a suspect for DWI or DUI after a single-vehicle crash?
In the absence of a witness, how many affirmative links are required to arrest a suspect for DWI or DUI after a single-vehicle crash?
If a suspected intoxicated driver is transported to a hospital, what should an officer do to obtain a blood specimen?
If a suspected intoxicated driver is transported to a hospital, what should an officer do to obtain a blood specimen?
When filing charges for Intoxication Assault, what should an officer do regarding obtaining a blood specimen from the suspect?
When filing charges for Intoxication Assault, what should an officer do regarding obtaining a blood specimen from the suspect?
If a suspect is charged with Intoxication Assault, can they also be charged with DWI?
If a suspect is charged with Intoxication Assault, can they also be charged with DWI?
What is the purpose of the 15-minute observation period before conducting the breath test?
What is the purpose of the 15-minute observation period before conducting the breath test?
In case the Intoxilyzer at the Irving Jail is not functional, where can the breath test be conducted?
In case the Intoxilyzer at the Irving Jail is not functional, where can the breath test be conducted?
When can a suspect be charged with DWI based on their Breath Alcohol Concentration (BrAC)?
When can a suspect be charged with DWI based on their Breath Alcohol Concentration (BrAC)?
What should an officer do if a suspect becomes uncooperative during a breath test?
What should an officer do if a suspect becomes uncooperative during a breath test?
When is it appropriate to refer to the Requirements for Drug Recognition Expert (DRE) Involvement?
When is it appropriate to refer to the Requirements for Drug Recognition Expert (DRE) Involvement?
What action should be taken if a suspect refuses to provide a blood specimen?
What action should be taken if a suspect refuses to provide a blood specimen?
Who is generally responsible for protecting the crash scene and any evidence within it?
Who is generally responsible for protecting the crash scene and any evidence within it?
What is the purpose of this policy?
What is the purpose of this policy?
According to the policy, what is the minimum net weight for a narcotics case to be considered a useable quantity?
According to the policy, what is the minimum net weight for a narcotics case to be considered a useable quantity?
How can officers document the distance from the point of arrest to the drug-free zone?
How can officers document the distance from the point of arrest to the drug-free zone?
What is the minimum weight of marijuana that can be filed as a Possession of Drug Paraphernalia charge?
What is the minimum weight of marijuana that can be filed as a Possession of Drug Paraphernalia charge?
What is the definition of a 'Dangerous Drug' according to this policy?
What is the definition of a 'Dangerous Drug' according to this policy?
What is the main focus of the 'Drug-Free Zone Cases' section of the policy?
What is the main focus of the 'Drug-Free Zone Cases' section of the policy?
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Study Notes
Narcotics Investigations
- Purpose: Provide guidelines for patrol officers in narcotics investigations
- Policy: Investigate and file certain narcotics cases in accordance with DA's office policies and procedures
Drug-Free Zone Cases
- Document distance from point of arrest to drug-free zone (acceptable methods: LIDAR, RolaTape, or computer software)
- Articulate probable cause and reasonable suspicion throughout the investigation
- Required documentation:
- DIC-23 Peace Officer's Sworn Report
- DIC-24 Statutory Warning
- DIC-25 Notice of Suspension / Temporary Driving Permit
Marijuana Cases
- Net weight of less than 0.5 grams (not considered a useable quantity for filing a case)
- File Possession of Drug Paraphernalia if marijuana is in a carrier (plastic baggie, rolling paper, etc.)
Prescription Drug Cases
- Possession of prescription drugs:
- Identify the drug by independent means (e.g., Ident-a-Drug website, local pharmacist)
- Verify that the suspect does not have a prescription
- Document in the probable cause affidavit and report narrative
- Fraudulent prescription cases:
- Refer to appropriate offense in the Texas Health and Safety Code
- Include a copy of the fraudulent prescription as evidence
Intoxication Crimes
- Purpose: Promote a safer community by diminishing the frequency of alcohol-related incidents
- Intoxication: Not having normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, etc.
Public Intoxication
- Arrest report shall reflect probable cause to believe the suspect is intoxicated
- Examples of probable cause: odor of an alcoholic beverage, slurred speech, etc.
Driving While Intoxicated (DWI)
- Policy: DWI cases shall be vigorously investigated and appropriately charged
- Definitions:
- Intoxication: Not having normal use of mental or physical faculties
- Loss of normal use of mental or physical faculties: Reasonable inference that the person has lost the normal use of their mental or physical faculties
- Procedures:
- Video and audio recording of the entire investigation
- Request for breath or blood specimen
- DIC-24 Statutory Warning
- DIC-25 Notice of Suspension / Temporary Driving Permit
Driving Under the Influence (DUI) - Minor
- Definition: Operating a motor vehicle with any detectable amount of alcohol in the system
- Procedures:
- Officers may issue a citation for DUI - Minor] and release the minor to a parent or adult guardian
- If a citation is issued, officers shall complete a report, DIC-23, and DIC-25
Single Vehicle DWI/DUI Crashes
- Officers may arrest a suspect for DWI or DUI in the absence of a fact witness
- Affirmative links to establish the suspect operated the vehicle:
- Suspect admits to being the operator
- Keys to the vehicle are in the suspect's possession
- Suspect is the registered owner of the vehicle
- Vehicle contains paperwork or other objects linking the suspect to the vehicle
- Suspect sustained injury in the form of a driver-side seat belt mark or airbag abrasions
Injured Suspects
- Follow-up investigation at the hospital
- Request for blood specimen if the suspect is conscious
- If the suspect is unconscious, a specimen shall be taken in accordance with statutory authority
Intoxication Assault
- Investigation and filing of charges require the intoxication of the suspect be the cause of the victim's serious bodily injury
- A to-scale crash diagram will be conducted
- Charge shall be filed regardless of the victim's cooperation
- If filing charges of Intoxication Assault, officers shall first seek the suspect's consent to the taking of a specimen of the suspect's blood
Intoxication Manslaughter
- Investigation and filing of charges require the intoxication of the suspect be the cause of the victim's death
- A to-scale crash diagram shall be completed
- Patrol officers are responsible for the protection of the crash scene and any evidence within the scene
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