| (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.
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