Texas Administrative Code (Last Updated: March 27,2024) |
TITLE 37. PUBLIC SAFETY AND CORRECTIONS |
PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY |
CHAPTER 5. CRIMINAL LAW ENFORCEMENT |
SUBCHAPTER A. GENERAL PROVISIONS |
SECTION 5.2. Conduct of a Criminal Investigation
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(a) An officer or other member of the Criminal Law Enforcement Division may conduct a criminal investigation when adequate suspicion exists that a crime has been, is being, or is about to be committed. The investigation shall ascertain the facts: (1) to determine the existence of: (A) reasonable suspicion to support the temporary detention of a suspect for further investigation or identification; (B) probable cause to support a search or arrest warrant; or (C) probable cause to support the warrantless seizure of property or evidence or the warrantless arrest of a suspect who is committing or has committed a crime, or (2) to take lawful action to prevent a crime from being committed. (b) An officer or member who is conducting a criminal investigation shall be primarily concerned only with an investigation within the specialty field to which the officer or member has been assigned, except: (1) in an emergency situation; or (2) when instructed to participate in a special investigation by a supervisor. (c) No officer or member may investigate a public official without proper authorization of the director, the assistant director, or another individual expressly acting in the stead of the director. Source Note: The provisions of this §5.2 adopted to be effective March 11, 2008, 33 TexReg 2035