TCOLE cheat sheet

TCOLE is the Texas Commission on Law Enforcement; it sets minimum licensing standards, administers the state peace officer exam, and regulates continuing education.

The IACP Law Enforcement Code of Ethics states an officer's primary duties are to protect life and property, prevent crime, and preserve the peace while enforcing the law impartially.

Brady v. Maryland requires disclosure of exculpatory evidence; Giglio requires disclosure of evidence affecting an officer's credibility, including dishonesty findings.

Texas Code of Criminal Procedure Art. 2.131 prohibits racial profiling and requires agencies to adopt policies, collect traffic-stop data, and report it.

Texas law imposes a duty on officers to intervene to stop another officer's excessive force and to report it; retaliation against a reporting officer is prohibited.

Texas Penal Code Chapter 39 covers offenses by public servants, including official oppression and misuse of official information, which can affect TCOLE licensure.

Off-duty conduct remains subject to agency policy and TCOLE license standards when it reflects on an officer's fitness to serve.

Ethics decision rule: an action must be lawful, within policy, and publicly defensible; if any element fails, do not take the action.

The Fourth Amendment requires warrants to be supported by probable cause, oath or affirmation, and particularity; recognized exceptions include consent, exigency, automobile, and search incident to arrest.

Texas Constitution Article I, Section 9 protects against unreasonable searches and seizures and may be interpreted to provide greater protection than the federal Fourth Amendment.

Texas Code of Criminal Procedure Art. 38.23 excludes evidence obtained in violation of the U.S. or Texas Constitution or laws; Texas has no broad statutory good-faith exception.

CCP Art. 14.01 allows warrantless arrest for an offense committed in the officer's presence or view, including felonies and offenses against the public peace.

CCP Art. 14.03 provides additional warrantless arrest authority, such as for suspicious persons, protective-order violations, and family violence assault.

Miranda warnings are required before custodial interrogation; custody exists when a reasonable person would not feel free to leave, and interrogation includes words or actions likely to elicit incriminating responses.

Texas Penal Code culpable mental states are intentionally, knowingly, recklessly, and criminal negligence; the offense definition specifies which mental state applies.

Penal Code Chapter 9 governs self-defense, deadly force, protection of property, and arrest and search; use must be immediately necessary and reasonable under the circumstances.

A search warrant under CCP Art. 18.01 requires a sworn affidavit establishing probable cause and a magistrate's particular description of the place and items to be searched or seized.

A traffic stop is a Fourth Amendment seizure requiring reasonable suspicion or probable cause of a traffic violation or criminal activity; its scope and duration must be limited to the purpose of the stop.

Whren v. United States holds that a traffic stop is valid when probable cause exists, even if the officer's subjective motive is pretextual; Texas racial-profiling laws still prohibit selective enforcement.

Texas Transportation Code Sec. 543.001 permits a peace officer to arrest without a warrant a person found committing a traffic violation in the officer's presence.

Texas requires a crash report when a collision causes injury, death, or property damage of at least $1,000; officers document scene, statements, and contributing factors.

DWI investigation uses standardized field sobriety tests: horizontal gaze nystagmus, walk-and-turn, and one-leg stand; implied consent applies, and refusal may require a blood-search warrant.

Crime scene management requires securing perimeters, protecting evidence, photographing before movement, sketching, and documenting all conditions and personnel.

Reports should be factual, chronological, objective, and complete, including the elements of the offense, witness observations, and all actions taken.

Chain of custody is a documented chronological record of evidence handling; gaps or undocumented transfers can undermine authenticity and admissibility at trial.

Graham v. Connor requires objective reasonableness, judged from the perspective of a reasonable officer on scene, considering the severity of the crime, immediate threat, and active resistance or flight.

Tennessee v. Garner limits deadly force against a fleeing suspect to situations where the officer has probable cause that the suspect poses a significant threat of death or serious physical injury.

Texas Penal Code Sec. 9.51 permits force reasonably believed immediately necessary to make a lawful arrest or prevent escape; deadly force is limited to imminent threats or specified felony circumstances.

De-escalation uses time, distance, cover, concealment, tactical repositioning, and communication to reduce intensity when feasible; it does not require officers to accept unreasonable risk.

Crisis intervention includes recognizing behavioral health signs, using active listening, containing the scene, and considering emergency detention under Texas Health and Safety Code Chapter 573 when imminent danger exists.

After a use of force, officers must render or summon appropriate medical aid, monitor the person, and document injuries and aid provided.

All reportable force incidents require documentation and supervisory review; body-worn camera activation and retention follow agency policy and law.

Officer wellness includes critical incident stress awareness, peer support, employee assistance programs, sleep, fitness, and early help-seeking after traumatic events.