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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 5CRIMINAL LAW ENFORCEMENT
SUBCHAPTER AGENERAL PROVISIONS
RULE §5.2Conduct of a Criminal Investigation

(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

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