Current through Reg. 49, No. 45; November 8, 2024
Section 5.2 - Conduct 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.37 Tex. Admin. Code § 5.2
The provisions of this §5.2 adopted to be effective March 11, 2008, 33 TexReg 2035