SECTION 5.37. Use

(a) Generally, while TAPO is not designed to provide information to justify most official action, the same facts supporting the TAPO alert may be used as appropriate to support an action. TAPO merely alerts the officer and identifies the agency to contact in order to verify those facts. The officer may use the alert as expressly permitted by this section and, after contacting the agency, take other appropriate action based on direct information about any supporting fact.

(b) A TAPO alert indicates a potentially dangerous individual, not necessarily a wanted person. No officer or agency may use the TAPO by itself to provide:

(1) probable cause for a warrantless arrest;

(2) probable cause in an affidavit for an arrest or search warrant;

(3) a ground of denial for a permit or other license; or

(4) reasonable suspicion to stop or detain an individual.

(c) A peace officer or detention officer or agency may only use a TAPO alert to:

(1) take reasonable action to protect the peace officer or detention officer or another;

(2) engage in a consensual citizen encounter; or

(3) establish reasonable suspicion to frisk a suspect stopped or detained for another independent reason.

Source Note: The provisions of this §5.37 adopted to be effective February 24, 2002, 27 TexReg 1179; amended to be effective March 17, 2019, 44 TexReg 1359