Police Sergeant Test Study Guide, With 100% Verified Answers 1st Amendment - Freedom of Religion, Speech, Press, Assembly, and Petition
2nd Amendment - Right to keep and bear arms
3rd Amendment - No quartering of soldiers in private homes
4th Amendment - Protection against Unreasonable Search and Seizure
5th Amendment - protects against self-incrimination and double jeopardy, due process
6th Amendment - The right to a Speedy Trial by jury, representation by an attorney for an accused person
7th Amendment - Right to a trial by jury in civil cases
8th Amendment - No cruel or unusual punishment, no excessive bail
9th Amendment - Citizens entitled to rights not listed in the Constitution
10th Amendment - Powers Reserved to the States
What is the Department's property policy? - ALL PROPERTY THAT COMES INTO THE POSSESSION of an officer of the Department, for any reason WILL BE INVENTORIED as soon as practicable and a WRITTEN RECORD of the inventory will be made on the HQ-109
How do you inventory a closed container? - Open and inventory. If unable to open without force gain consent to use force. If unable to gain consent note the compartment was not inventoried and why.
An EXCEPTION to this policy is in investigations arising under Article 179e, V.T.C.S. (TEXAS RACING ACT). Warrantless seizures of contraband or evidence, pursuant to this Act or its rules, MAY BE DOCUMENTED UTILIZING THE TEXAS RACING COMMISSION (TRC) INVENTORY/RECEIPT form in lieu of agency forms HQ-109
What is the Department's policy of when to seize property and how long it is retained? - Seize and impound property ONLY when there is a legitimate need to.Retain seized property ONLY so long as that need is served.
What do you do with property that may or may not be stolen? - Citizens are ordinarily under no obligation to prove ownership. The burden is on the officer to prove it is stolen.
What are the two types of property recognized by the Department? - Evidentiary and non-evidentiary
The HQ-109 is used for what two types of property? - Evidentiary and non- evidentiary. EXCEPT when seized pursuant to a search warrant or the Texas Racing Act.
Where and how is evidentiary property stored? - All property must be stored in a secure area whether in a DPS Storage facility or a non-DPS storage facility (wrecker yard, etc.)
WHEN LOCAL LAW ENFORCEMENT AGENCIES ARE INVOLVED IN AN
INVESTIGATION WITH DPS PERSONNEL, THE LOCAL AGENCY
SHOULD BE UTILIZED FOR STORAGE WHEN PRACTICABLE.
What forms are required when you seize a Prohibited Weapon? - HQ-109
HQ-109A
HQ-108 (property log) HQ-113 (property tag)
HQ-114 (Magistrate's order to seize weapon) Case report
What forms are required when you seize a firearm? - HQ-109
HQ-109A
HQ-108 (property log) HQ-113 (property tag) HQ-114 (Magistrate's order to seize weapon) Case Report
What forms are required when you seize stolen property (including firearms)? -
HQ-109
HQ-109A
HQ-108 (property log) HQ-113 (property tag) HQ-114 (Magistrate's order to seize property) Case Report
HQ-106 (Magistrate's order (inventory for all stolen property) NCIC Report
What happens to property seized after disposition? - Obtain a copy of the court order signed by a magistrate listing court assigned disposition of property and follow it's orders (I.e. forfeiture, destruction, released to owner, etc.)
How are items destroyed? - Items that can be destroyed in the field: knives, clubs, knuckles, swords, blackjacks and documents.
Drug related items must be submitted to the lab for destruction.
Firearms must be submitted to General Stores for destruction.
What forms are required ON SCENE when seizing a weapon for UCW? - HQ-109 and HQ-109A
THE HQ-109A MUST BE SIGNED BY THE VIOLATOR
What additional forms are required to seize a stolen gun? - HQ-106 (for any stolen property) and NCIC report
How long do you have to retain documentation of seized property? - 3 YEARS BEYOND the date the evidence is ordered DISPOSED
What happens if a Sergeant receives a complaint about a Trooper on a traffic stop?
- ALL COMPLAINTS against Department personnel SHALL BE
INVESTIGATED thoroughly, objectively and expeditiously
What is a complaint? - Routine corrective action by a supervisor not resulting in disciplinary action is NOT considered a complaint.
Complaints are regarding the personal behavior or official acts of an employee. A complaint is a formal WRITTEN ALLEGATION against a member of the Department, WHICH COULD RESULT IN DISCIPLINARY ACTION
A complaint must allege one or more of the following: - An infraction of
Department rules, regulations or policies
An illegal act
Describe the procedure for investigation of complaints. - Supervisor will investigate and forward with recommendations through in-line supervisors to the major division chief who will review, take appropriate action, or recommend discharge to the Director. The Department may cause a separate and independent administrative inquiry to be conducted into matters concerning an employee's performance, conduct or fitness for duty.
What happens at the conclusion of the investigation into a complaint? - The complainant and the employee subject to investigation will be given written notification of the outcome by the major division chief.
