A  person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. 

Penalty one level lower than the offense

Anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adapted for use in the commission of an offense

Penalty usually SJF

A person commits an offense if he causes the death of an individual by criminal negligence

penalty is SJF

Causes the penetration of anus or sexual organ of a child by any means:

1. penetration of the mouth of a child by sexual organ of actor

2.sexual organ of a child to contact or penetrate the mouth, anus, or sexual organs of another person, including the actor; 

3. anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or 

4. mouth of a child to contact the anus or sexual organ of another person, including the actor

In a public place: 

A person intentionally or knowingly engages in a public place:  

1. sexual intercourse

2. deviate sexual intercourse

3. sexual conduct or;

all three above and the actor reckless about whether another person is present who will be offended or alarmed by the act. 

penalty is Class A misdemeanor 

A person commits an offense if the person: 

1. intentionally, knowingly, or recklessly cause bodily injury to another, including the person's spouse;

2. intentionally, or knowingly threatens another with imminent bodily injury, including the person's spouse; or 

3. intentionally, or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. 

penalty is 3rd degree felony

A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than 5 minutes, knowing that the child is:

1. younger than 7yoa; and 

2. not attended by an individual in the vehicle, who is 14yoa or older; 

Penalty is a Class C misdemeanor 

Penalty is Class A misdemeanor if: 

1. amount of pecuniary loss is $750 or more but less than $2500; or 

2. actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss. 

Marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or community center that provides medical, social, or educational programs and;

2.  amount of pecuniary loss to real property or to tangible personal property is $750 or more , but less than $30,000

Penalty is SJF 

Without consent of owner enters or remains concealed in a habitation or building other than habitation with intent to commit a Felony, Theft, or an Assault. 

Penalty are

1. building other habitation is SJF

2. commercial building that have controlled substances store with intent to steal them is 3rd Degree Felony

3. Habitation is a 2nd Degree Felony 

4. Habitation entered to commit a felony other than felony theft 1st Degree Felony

Enters or breaks into any parts of the body into any part of the vehicle without consent to commit theft or felony

penalty is Class A misdemeanor 

SJF if all above, plus if the vehicle is rail car, container on a rail car, or trailer on on a rail car

3rd Felony if brakes into or enters a vehicle owned or operated by whole sale distributor of prescription drugs with the intent to steal 

the value of property stolen is less than $20,000 and the property stolen is copper

Penalty is SJF 

property stolen is a firearm

penalty is SJF 

Value of the property stole is less than $300,000 and the property stolen is an automated teller machine or the contents or components of an automated teller machine; or

Penalty is 2nd Degree Felony

Value property stolen is $300,000 or more

Penalty is 1st Degree Felony

A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation 

Penalty

Class C= less than $100

Class B= $100 but less than $750

Class A= $750 but less than $2500

State Jail Felony=  $2500 or more but less than $30,000

3rd Degree Felony= $30,000 or more but less than $150,000

2nd Degree Felony= $150,000 or more but less than $300, 000

1st Degree Felony= $300,000 or more

A person commits an offense if:

(1)  with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that:

(A)  the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder

Penalty SJF 

A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful act. 

Penalty 3rd Degree Felony

A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

Penalty Class C misdemeanor 

A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.

Penalty is Class A misdemeanor 

A person commits an offense if the person recklessly; (2) throws an object or substance at a police service animal;

penalty Class B misdemeanor 

A public servant acting under color of his office or employment commits an offense if he intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful.

A person commits an offense if he intentionally or knowingly uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace

Sexual performance" means any performance or part there of that includes sexual conduct by a child younger than 18 years of age.

A felon commits the offense if he intentionally or knowingly possesses metal or body armor. 

Penalty is 3rd Degree Felony 

Penalty is Class C misdemeanor if;

if a child gains access to a readily discharges firearm and the person with criminal negligence  failed to secure the firearm or; left in place that is accessible to a child or; 

Penalty is Class B misdemeanor if 

all the above plus, if the child discharges firearm and causes death or SBI 

not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body

·         Protest potential victims and advise victims legal rights, service availability.

·         Enforce state laws and protective orders

·         Arrest Violators

·         Under circumstances reasonably show that persons have been guilty of some felony.

·         Breach of the Peace, Public intoxication about to commit some offense against the law.

·         Probable cause to believe persons have committed assault BI against another.

·        Is released to the care of an adult who agrees to assume responsibility for the individual

·         Verbally consents to voluntary treatment for chemical dependency

·         A magistrate may release from custody an individual who is not a child

·         It shall always be made known to the accused under what authority the arrest is made.

·         The officer need not have the warrant in his possession at the time of the arrest.

·         But upon request he shall show the warrant to the defendant as soon as possible.

When a warrant of arrest is issued by any mayor of an incorporated city or town , it cannot be executed in another county than the one in which  it was  issues.

§  A person commits an offense if the person operates a motor vehicle

§  After the person's driver's license has been canceled

§  During a period that the person's driver's license or privilege is suspended or revoked

§  While the person's driver's license is expired

§  After renewal of the person's driver's license has been denied

§  An operator may pass to the right of another vehicle only if conditions permit safely passing to the right and:

§  the vehicle being passed is making or about to make a left turn;  and

§  the operator is:

§  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

§  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.

§  An operator may not pass to the right by leaving the main traveled portion of a roadway except as provided by Section 545.058.

· The school bus resumes motion

·The operator is signaled by the bus driver to proceed

· The visual signal is no longer actuated.

§  Yield the right of way

§  Immediately drive to a position parallel and as close as possible to the right hand edge or curb of the roadway clear of any intersection.

§  Stop and remain standing until the emergency vehicle has passed.

 §  Stopping the engine;

§  Locking the ignition;§  Removing the key from the ignition;

§ Setting the parking brake effectively; and

§  if standing on a grade, turning the front wheels to the curb or side of the highway.

Child is younger than 8 yoa unless taller than 4'9" (misdemeanor)

the defense if the operator is n emergency or law enforcement purpose

does not apply to transporting passengers and there are no seats available

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.

 A person commits an offense if the person operates a motor vehicle and willfully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop.

§  Drive while using a wireless communication device (except in case of emergency).

§  Drive between 12:01 AM – 4:59 AM unless for work/school/medical related activities.

§  Drive with more than 1 non-family member/person under 21.

A passenger car or truck that was manufactured or assembled before the model year 1960 shall be equipped with at least one tail lamp.

 (b)  Except as provided by Subsections (c) and (d), an offense under this section is a misdemeanor punishable by a fine of not less than $175 or more than $350.

(c)  If a person has been previously convicted of an offense under this section, an offense under this section is a misdemeanor punishable by a fine of not less than $350 or more than $1,000.

(d)  If the court determines that a person who has not been previously convicted of an offense under this section is economically unable to pay the fine, the court may reduce the fine to less than $175.

A person may not operate an all-terrain vehicle on a public street, road, or highway except as provided by this section.

(b)  The operator of an all-terrain vehicle may drive the vehicle across a public street, road, or highway that is not an interstate or limited-access highway, if the operator:

(1)  brings the vehicle to a complete stop before crossing the shoulder or main traveled way of the roadway;

(2)  yields the right-of-way to oncoming traffic that is an immediate hazard;  and

(3)  makes the crossing:

(A)  at an angle of approximately 90 degrees to the roadway;

(B)  at a place where no obstruction prevents a quick and safe crossing;  and

(C)  with the vehicle's headlights and taillights lighted.

A peace officer may operate an all-terrain vehicle on a public street, road, or highway that is not an interstate or limited-access highway only if:

(1)  the transportation is in connection with the performance of the officer's official duty;

(2)  the officer attaches to the back of the vehicle on top of an eight-foot-long pole a triangular orange flag;

(3)  the vehicle's headlights and taillights are illuminated;

(4)  the officer holds a driver's license, as defined by Section 521.001;  and

(5)  the operation of the all-terrain vehicle does not exceed a distance of 25 miles from the point of origin to the destination.

(a) The department shall provide for the issuance of a disabled parking placard to a person with a disability.

(b)  A disabled parking placard must be two-sided and hooked and include on each side:

(1)  the international symbol of access, which must be at least three inches in height, be centered on the placard, and be:

(A)  white on a blue shield for a placard issued to a person with a permanent disability;  or

(B)  white on a red shield for a placard issued to a person with a temporary disability;

(2)  an identification number;

(3)  an expiration date at least three inches in height;  and

(4)  the seal or other identification of the department.

(c)  The department shall furnish the disabled parking placards to each county assessor-collector.

(d)  A disabled parking placard must bear a hologram designed to prevent the reproduction of the placard or the production of a counterfeit placard;

(e)  In addition to the expiration date included on a disabled parking placard under Subsection (b), the expiration date must be indicated on the placard by a month and year hole-punch system.

·         Plan route of approach

·         Position patrol unit to protect accident scene and prevent further damage or injury

·         Set priorities for action at accident scene

·         Evaluate scene to determine severity of accident by considering number of vehicles, the number and extent of injuries

·  Physical conditions of roadway

· Debris on roadway

· Weather

·  Nighttime

• Tired tread patterns, scuff marks
• gouge marks on the roadway, or on other property 
• skid marks
• paint flakes, paint on victim's vehicle or clothing from suspect vehicle in hit and run 
• vehicle fluids can show direction of travel from scene at hit and run
• vehicle identification number to determine that the number corresponds to the vehicle by
• comparing it with registration certificate
• inspect VIN plate to determine that plate is properly secured
• inspect vehicle for direction of travel to determine if vehicle has been moved 

• Speed 
• fail to yield right of way
• improper turning movement
• faulty equipment
• weather conditions 
• driver conditions

• traffic crashes
• disable vehicles
• spilled cargo 
• highway maintenance 

• Assess amount of traffic, length of time traffic may be stopped
• Availability of traffic control material
• Availability and complexity of an alternate route capable of handling flow 
• Proximity of schools, businesses, or other traffic generators
• Availability of additional manpower
• Coordinate signals and gestures with other officers 

Person who is under 10 years of age or older and under 17

FC 51.03  Delinquent conduct

Conduct other than traffic offense that violates a penal law of the state.

·         A law enforcement officer may take temporary custody of a child to take the child's fingerprints if:

·         the officer has probable cause to believe that the child has engaged in delinquent conduct;

·         the officer has investigated that conduct and has found other fingerprints during the investigation;  and

the officer has probable cause to believe that the child's fingerprints will match the other fingerprints

• Distancing far enough to be safe, close enough to see/ hear.·
•  Facing squarely.
•  Looking directly at people to demonstrate confidence &attentiveness.

Scanning

Analysis

Response

Assessment 

Victim 

Offender 

Location 

Immediate victim

secondary victim (family and friends)

Service providers (EMS or police)

•     The criminal justice system

•     The media

•     Family, friends or acquaintances

•     Clergy

•     Hospital and emergency-room personnel

•     Health and mental health professionals

•     Social service workers

•     Victim service workers

•     Schools or educators

• accuracy
• conciseness
• completeness
• clarity 
• legibility 
• objectivity 
• Grammatically correct
• spelling 

Offense report

arrest report

incident report supplemental report

Identification 

Narrative 

Elements of the Offense or Probable Cause 

• ·         Chapter 418 of the Government Code aka Texas Disaster Act of 1975.
• ·         Division of Emergency Management in Governor’s office, under the control of DPS director.
• All request for assistance must be channel to the Governor through the DPS.

Broadcasts

Urgent Situations

 Addressing

Times 

Physical descriptions

Standardized order of submission of information 

Robert

David 

King 

• Initiating a consensual encounter 
• computer check license plate
• Surveillance/Observing for additional facts and circumstance 

1. Narcotics
2. Depressants
3. Stimulants
4. Hallucinogens
5. Simulated Controlled Substances 
6. Marijuana 

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:

(1) contrary to directions for use, cautions, or warnings appearing on a label of a container of the chemical;  and

(2) designed to:

(A) affect the person's central nervous system;

(B) create or induce a condition of intoxication, hallucination, or elation;  or

(C) change, distort, or disturb the person's eyesight, thinking process, balance, or coordination.

(b) An offense under this section is a Class B misdemeanor.

Injection 

Inhalation 

Ingestion 

An individual who is younger than 18 years of age commits an offense if the individual:

(1) possesses, purchases, consumes, or accepts a cigarette, e-cigarette, or tobacco product;  or

(2) falsely represents himself or herself to be 18 years of age or older by displaying proof of age that is false, fraudulent, or not actually proof of the individual's own age in order to obtain possession of, purchase, or receive a cigarette, e-cigarette, or tobacco product.

(b) It is an exception to the application of this section that the individual younger than 18 years of age possessed the cigarette, e-cigarette, or tobacco product in the presence of:

(1) an adult parent, a guardian, or a spouse of the individual;  or

(2) an employer of the individual, if possession or receipt of the e-cigarette or tobacco product is required in the performance of the employee's duties as an employee.

(c) It is an exception to the application of this section that the individual younger than 18 years of age is participating in an inspection or test of compliance in accordance with Section 161.088 .

(d) An offense under this section is punishable by a fine not to exceed $250.

• Reactive response and incident driven
• use the CJ system
• aggregated statistics
• lack of community involvement  

• 10 Principles of Community Policing
• philosophy and organization strategy 
• commitment to community empowerment
• decentralized and personalized policing
• immediate and long term proactive problem solving
• expanding the police mandate 
• helping those with special needs
• grass roots creativity and support 
• internal change 
• ethics, legality, responsibility and trust
• building for the future 

no unreasonable searches and seizure of a citizen's person, house, papers, effects

right to due process

warrant shall be issued with probable causes

the accused is entitled to a written notice of the charges against him. 

Freedom from the 2nd prosecution of the same crime

Freedom from being compelled to be a witness aganist himself

Be processed through a system of justice 

The accused is entitled to speedy and public trial

Impartial jury of his peers

Knowledge of the accusation  against him

confronted with the witnesses against him

obtaining witnesses in his favor,

representation of an attorney in court 

no excessive bail

no excessive fines or unusual and cruel punishments 

Hips

Hands

Head

BPOC 18.1.1 Self Control a Weaponless Defense

touching

joint locking

 pressure points

hand/foot strikes

blocks using hands, arms, and legs 

self control

balance 

awareness

Professional presence 

Verbal communications 

Weaponless stratgies

touching 

joint locking

pressure points

hand/foot strikes

blocks using hands, arms, and legs 

intent 

opportunity 

capability 

SUSPECTS’S HANDS

WEAPONS-VISUALLY FRISK THE SUSPECT ON APPROACH LOOKING FOR SIGNS OF A   WEAPON

.

ASSOCIATES/RELATIVES- ANYONE WHO MAY ASSIST THE SUSPECT

ESCAPE ROUTES- BOTH YOUR ROUTES AND SUSPECTS, COVER/ CONCEALMENT

YOUR FOOTING- TERRAIN WHERE CONTACT BEING MADE (STAIRCASE, FRONT PORCH,    GRAVEL, ETC)

• Reason for contact
• Suspected criminal activity 
• observation made or evidence obtained
• immediate plans to handle the situation 

• Suspects are to be handcuffed at all times in every situation 
• place your duty weapon on the side away from the prisoner
• arrested persons should be fastened in seat belts where safe to do so 
• lock the doors to the vehicle 

BPOC 18.2.4 handcuff positioning 

standing 

kneeling 

prone 

• standing 
• kneeling 
• prone 

mental retardation 

autism 

Listen

Empathize

Ask

Paraphrase

Summarize 

a)  By accepting a license or permit, the holder consents to the commission, an authorized representative of the commission, or a peace officer entering the licensed premises at any time to conduct an investigation or inspect the premises for the purpose of performing any duty imposed by this code.

(b)  A person commits an offense if the person refuses to allow the commission, an authorized representative of the commission, or a peace officer to enter a licensed or permitted premises as required by Subsection (a). 

An offense under this section is a Class A misdemeanor.

A person commits an offense if with criminal negligence he   sells an alcoholic beverage to a minor.

(b)  A person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor's appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency.  The proof of identification may include a driver's license or identification card issued by the Department of Public Safety, a passport, or a military identification card.

(c)  An offense under this section is a Class A misdemeanor.

(d)  Subsection (b) does not apply to a person who accesses electronically readable information under Section 109.61 that identifies a driver's license or identification certificate as invalid.

A person commits an offense if the person possesses an intoxicating beverage for consumption, sale, or distribution while:

(1) on the grounds or in a building of a public school;  or

(2) entering or inside any enclosure, field, or stadium where an athletic event sponsored or participated in by a public school of this state is being held.

(b) An officer of this state who sees a person violating this section shall immediately seize the intoxicating beverage and, within a reasonable time, deliver it to the county or district attorney to be held as evidence until the trial of the accused possessor.

(c) An offense under this section is a Class C misdemeanor

      To preserve the peace by mere presence and by proper action.

To prevent crime by opportunity reduction; Duty to prevent.

To suppress crime by timely response to crimes in progress and by properly investigating offenses.

To apprehend suspects.

To regulate non-criminal conduct by obtaining and maintaining good officer – citizen relationships to protect life and property [Refer back to Professionalism and Ethics Section, Topic # 3].

Area and its socio-economic and geographic characteristics

Conditions

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.

Increases probability of on-site arrest and officer safety

1. bicycle patrol
2. motorcycle patrol 
3. foot patrol
4. automobile patrol
5. fixed wing and helicopter patrol
6. mounted patrol 

1. greeting and identification of the police agency 
2. statement of violation committed
3. identification of driver and check of conditions of violator and vehicle 
4. statement of action to be taken 
5. take that action 
6. explain what the violator must do 
7. leave 

BPOC 24.5.4 Building where illegal entry, what should a officers do

• Notify dispatch
• request backup
• secure point of entry 
• secure other exits
• request dispatcher to notify property owner to advise location of office, safe, and cash register 
• leave enough officers outside to secure perimeter
• at least two officers should enter the building to make search
• search should be based on all knowledge available 
• Backup team covers search team as they enter the building and then guards  the place f entry/exits providing any help possible
• members of search team sholud be aware of other members and their location
• search the premises using the "leap frog" techniques (one officer covering the other as they move from place to place)
• the team should stay together and search each room thoroughly before moving to the next room. Each room searched should be secured or under observation if possible
• In most cases, the team should leave the suspect(s) an opportunity to leave the building- a trapped intruder may start shooting 

• Causal: has no unity of purpose and no leadership (i.e shoppers or onlookers)

• Cohesive: assembles for a common purpose without leadership (ie spectators at sporting events, along parade routes)

• Expressive: Are assembled for some purpose. They have leadership and the intention of expressing an attitude for or against some person or idea (ie political rallies and picket lines)

• Aggressive: Is usually assembled for some purpose. They have positive leadership, are determined to accomplish a specific end, and move actively toward their objective. Usually high emotional tension is present. This type crowd can easily become a mob. This crowd is actually an acute police problem 

A crowd develops into a mob when all or most members of the crowd have been instilled with a purpose and intent to carry out their purpose, regardless of the consequences. 

• Aggressive Mob: riots and terrorizes as in the case of race riots, lynching, political or prison
• Escape Mob: State of panic. In their attempt to secure safety by flight, members of an escape mob may have lost their power of reasoning
• Acquisitive Mob:  a mob motivated by a desire to acquire something (food riots) 

• provide protection and service
• minimize cultural/emotional barriers separating peace officers and the public
• create an officer/citizen relationship that supports the best interests of society
• create empathetic response to citizen concerns/needs