Sergeant Test Study Guide UPDATED
ACTUAL Exam Questions and CORRECT
Answers
1st Amendment - CORRECT ANSWER- Freedom of Religion, Speech, Press, Assembly,
and Petition
2nd Amendment - CORRECT ANSWER- Right to keep and bear arms
3rd Amendment - CORRECT ANSWER- No quartering of soldiers in private homes
4th Amendment - CORRECT ANSWER- Protection against Unreasonable Search and
Seizure
5th Amendment - CORRECT ANSWER- protects against self-incrimination and double
jeopardy, due process
6th Amendment - CORRECT ANSWER- The right to a Speedy Trial by jury, representation
by an attorney for an accused person
7th Amendment - CORRECT ANSWER- Right to a trial by jury in civil cases
8th Amendment - CORRECT ANSWER- No cruel or unusual punishment, no excessive bail
9th Amendment - CORRECT ANSWER- Citizens entitled to rights not listed in the
Constitution
10th Amendment - CORRECT ANSWER- Powers Reserved to the States
,What is the Department's property policy? - CORRECT ANSWER- ALL PROPERTY THAT
COMES INTO THE POSSESSION of an officer of the Department, for any reason WILL BE
INVENTORIED as soon as practicable and a WRITTEN RECORD of the inventory will be
made on the HQ-109
How do you inventory a closed container? - CORRECT ANSWER- Open and inventory. If
unable to open without force gain consent to use force. If unable to gain consent note the
compartment was not inventoried and why.
An EXCEPTION to this policy is in investigations arising under Article 179e, V.T.C.S. (TEXAS
RACING ACT). Warrantless seizures of contraband or evidence, pursuant to this Act or its rules,
MAY BE DOCUMENTED UTILIZING THE TEXAS RACING COMMISSION (TRC)
INVENTORY/RECEIPT form in lieu of agency forms HQ-109
What is the Department's policy of when to seize property and how long it is retained? -
CORRECT ANSWER- Seize and impound property ONLY when there is a legitimate need
to. Retain seized property ONLY so long as that need is served.
What do you do with property that may or may not be stolen? - CORRECT ANSWER-
Citizens are ordinarily under no obligation to prove ownership. The burden is on the officer to
prove it is stolen.
What are the two types of property recognized by the Department? - CORRECT ANSWER-
Evidentiary and non-evidentiary
The HQ-109 is used for what two types of property? - CORRECT ANSWER- Evidentiary
and non-evidentiary. EXCEPT when seized pursuant to a search warrant or the Texas Racing Act.
Where and how is evidentiary property stored? - CORRECT ANSWER- All property must
be stored in a secure area whether in a DPS Storage facility or a non-DPS storage facility
(wrecker yard, etc.)
,WHEN LOCAL LAW ENFORCEMENT AGENCIES ARE INVOLVED IN AN
INVESTIGATION WITH DPS PERSONNEL, THE LOCAL AGENCY SHOULD BE
UTILIZED FOR STORAGE WHEN PRACTICABLE.
What forms are required when you seize a Prohibited Weapon? - CORRECT ANSWER-
HQ-109
HQ-109A
HQ-108 (property log)
HQ-113 (property tag)
HQ-114 (Magistrate's order to seize weapon) Case report
What forms are required when you seize a firearm? - CORRECT ANSWER- HQ-109
HQ-109A
HQ-108 (property log)
HQ-113 (property tag)
HQ-114 (Magistrate's order to seize weapon)
Case Report
What forms are required when you seize stolen property (including firearms)? - CORRECT
ANSWER- HQ-109
HQ-109A
HQ-108 (property log)
HQ-113 (property tag)
HQ-114 (Magistrate's order to seize property)
Case Report
HQ-106 (Magistrate's order (inventory for all stolen property)
NCIC Report
, What happens to property seized after disposition? - CORRECT ANSWER- Obtain a copy
of the court order signed by a magistrate listing court assigned disposition of property and follow
it's orders (I.e. forfeiture, destruction, released to owner, etc.)
How are items destroyed? - CORRECT ANSWER- Items that can be destroyed in the field:
knives, clubs, knuckles, swords, blackjacks and documents.
Drug related items must be submitted to the lab for destruction.
Firearms must be submitted to General Stores for destruction.
What forms are required ON SCENE when seizing a weapon for UCW? - CORRECT
ANSWER- HQ-109 and HQ-109A
THE HQ-109A MUST BE SIGNED BY THE VIOLATOR
What additional forms are required to seize a stolen gun? - CORRECT ANSWER- HQ-106
(for any stolen property) and NCIC report
How long do you have to retain documentation of seized property? - CORRECT ANSWER-
3 YEARS BEYOND the date the evidence is ordered DISPOSED
What happens if a Sergeant receives a complaint about a Trooper on a traffic stop? - CORRECT
ANSWER- ALL COMPLAINTS against Department personnel SHALL BE
INVESTIGATED thoroughly, objectively and expeditiously
What is a complaint? - CORRECT ANSWER- Routine corrective action by a supervisor not
resulting in disciplinary action is NOT considered a complaint.
ACTUAL Exam Questions and CORRECT
Answers
1st Amendment - CORRECT ANSWER- Freedom of Religion, Speech, Press, Assembly,
and Petition
2nd Amendment - CORRECT ANSWER- Right to keep and bear arms
3rd Amendment - CORRECT ANSWER- No quartering of soldiers in private homes
4th Amendment - CORRECT ANSWER- Protection against Unreasonable Search and
Seizure
5th Amendment - CORRECT ANSWER- protects against self-incrimination and double
jeopardy, due process
6th Amendment - CORRECT ANSWER- The right to a Speedy Trial by jury, representation
by an attorney for an accused person
7th Amendment - CORRECT ANSWER- Right to a trial by jury in civil cases
8th Amendment - CORRECT ANSWER- No cruel or unusual punishment, no excessive bail
9th Amendment - CORRECT ANSWER- Citizens entitled to rights not listed in the
Constitution
10th Amendment - CORRECT ANSWER- Powers Reserved to the States
,What is the Department's property policy? - CORRECT ANSWER- ALL PROPERTY THAT
COMES INTO THE POSSESSION of an officer of the Department, for any reason WILL BE
INVENTORIED as soon as practicable and a WRITTEN RECORD of the inventory will be
made on the HQ-109
How do you inventory a closed container? - CORRECT ANSWER- Open and inventory. If
unable to open without force gain consent to use force. If unable to gain consent note the
compartment was not inventoried and why.
An EXCEPTION to this policy is in investigations arising under Article 179e, V.T.C.S. (TEXAS
RACING ACT). Warrantless seizures of contraband or evidence, pursuant to this Act or its rules,
MAY BE DOCUMENTED UTILIZING THE TEXAS RACING COMMISSION (TRC)
INVENTORY/RECEIPT form in lieu of agency forms HQ-109
What is the Department's policy of when to seize property and how long it is retained? -
CORRECT ANSWER- Seize and impound property ONLY when there is a legitimate need
to. Retain seized property ONLY so long as that need is served.
What do you do with property that may or may not be stolen? - CORRECT ANSWER-
Citizens are ordinarily under no obligation to prove ownership. The burden is on the officer to
prove it is stolen.
What are the two types of property recognized by the Department? - CORRECT ANSWER-
Evidentiary and non-evidentiary
The HQ-109 is used for what two types of property? - CORRECT ANSWER- Evidentiary
and non-evidentiary. EXCEPT when seized pursuant to a search warrant or the Texas Racing Act.
Where and how is evidentiary property stored? - CORRECT ANSWER- All property must
be stored in a secure area whether in a DPS Storage facility or a non-DPS storage facility
(wrecker yard, etc.)
,WHEN LOCAL LAW ENFORCEMENT AGENCIES ARE INVOLVED IN AN
INVESTIGATION WITH DPS PERSONNEL, THE LOCAL AGENCY SHOULD BE
UTILIZED FOR STORAGE WHEN PRACTICABLE.
What forms are required when you seize a Prohibited Weapon? - CORRECT ANSWER-
HQ-109
HQ-109A
HQ-108 (property log)
HQ-113 (property tag)
HQ-114 (Magistrate's order to seize weapon) Case report
What forms are required when you seize a firearm? - CORRECT ANSWER- HQ-109
HQ-109A
HQ-108 (property log)
HQ-113 (property tag)
HQ-114 (Magistrate's order to seize weapon)
Case Report
What forms are required when you seize stolen property (including firearms)? - CORRECT
ANSWER- HQ-109
HQ-109A
HQ-108 (property log)
HQ-113 (property tag)
HQ-114 (Magistrate's order to seize property)
Case Report
HQ-106 (Magistrate's order (inventory for all stolen property)
NCIC Report
, What happens to property seized after disposition? - CORRECT ANSWER- Obtain a copy
of the court order signed by a magistrate listing court assigned disposition of property and follow
it's orders (I.e. forfeiture, destruction, released to owner, etc.)
How are items destroyed? - CORRECT ANSWER- Items that can be destroyed in the field:
knives, clubs, knuckles, swords, blackjacks and documents.
Drug related items must be submitted to the lab for destruction.
Firearms must be submitted to General Stores for destruction.
What forms are required ON SCENE when seizing a weapon for UCW? - CORRECT
ANSWER- HQ-109 and HQ-109A
THE HQ-109A MUST BE SIGNED BY THE VIOLATOR
What additional forms are required to seize a stolen gun? - CORRECT ANSWER- HQ-106
(for any stolen property) and NCIC report
How long do you have to retain documentation of seized property? - CORRECT ANSWER-
3 YEARS BEYOND the date the evidence is ordered DISPOSED
What happens if a Sergeant receives a complaint about a Trooper on a traffic stop? - CORRECT
ANSWER- ALL COMPLAINTS against Department personnel SHALL BE
INVESTIGATED thoroughly, objectively and expeditiously
What is a complaint? - CORRECT ANSWER- Routine corrective action by a supervisor not
resulting in disciplinary action is NOT considered a complaint.
