Sergeant Test Study Guide
Exam/218 Questions & Answers
1st Amendment - -Freedom of Religion, Speech, Press, Assembly, and
Petition
-2nd Amendment - -Right to keep and bear arms
-3rd Amendment - -No quartering of soldiers in private homes
-4th Amendment - -Protection against Unreasonable Search and Seizure
-5th Amendment - -protects against self-incrimination and double jeopardy,
due process
-6th Amendment - -The right to a Speedy Trial by jury, representation by an
attorney for an accused person
-7th Amendment - -Right to a trial by jury in civil cases
-8th Amendment - -No cruel or unusual punishment, no excessive bail
-9th Amendment - -Citizens entitled to rights not listed in the Constitution
-10th Amendment - -Powers Reserved to the States
-What is the Department's property policy? - -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? - -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? - -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? - -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? - -
Evidentiary and non-evidentiary
-The HQ-109 is used for what two types of property? - -Evidentiary and non-
evidentiary. EXCEPT when seized pursuant to a search warrant or the Texas
Racing Act.
-Where and how is evidentiary property stored? - -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? - -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? - -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)? - -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? - -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? - -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? - -
HQ-109 and HQ-109A
THE HQ-109A MUST BE SIGNED BY THE VIOLATOR
-What additional forms are required to seize a stolen gun? - -HQ-106 (for
any stolen property) and NCIC report
-How long do you have to retain documentation of seized property? - -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? - -ALL COMPLAINTS against Department personnel SHALL BE
INVESTIGATED thoroughly, objectively and expeditiously
-What is a complaint? - -Routine corrective action by a supervisor not
resulting in disciplinary action is NOT considered a complaint.
Complaints are regarding the personal behavior or official acts of an
employee. A complaint is a formal WRITTEN ALLEGATION against a member
of the Department, WHICH COULD RESULT IN DISCIPLINARY ACTION
-A complaint must allege one or more of the following: - -An infraction of
Department rules, regulations or policies
An illegal act
-Describe the procedure for investigation of complaints. - -Supervisor will
investigate and forward with recommendations through in-line supervisors to
the major division chief who will review, take appropriate action, or
recommend discharge to the Director. The Department may cause a
separate and independent administrative inquiry to be conducted into
matters concerning an employee's performance, conduct or fitness for duty.
Exam/218 Questions & Answers
1st Amendment - -Freedom of Religion, Speech, Press, Assembly, and
Petition
-2nd Amendment - -Right to keep and bear arms
-3rd Amendment - -No quartering of soldiers in private homes
-4th Amendment - -Protection against Unreasonable Search and Seizure
-5th Amendment - -protects against self-incrimination and double jeopardy,
due process
-6th Amendment - -The right to a Speedy Trial by jury, representation by an
attorney for an accused person
-7th Amendment - -Right to a trial by jury in civil cases
-8th Amendment - -No cruel or unusual punishment, no excessive bail
-9th Amendment - -Citizens entitled to rights not listed in the Constitution
-10th Amendment - -Powers Reserved to the States
-What is the Department's property policy? - -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? - -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? - -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? - -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? - -
Evidentiary and non-evidentiary
-The HQ-109 is used for what two types of property? - -Evidentiary and non-
evidentiary. EXCEPT when seized pursuant to a search warrant or the Texas
Racing Act.
-Where and how is evidentiary property stored? - -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? - -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? - -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)? - -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? - -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? - -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? - -
HQ-109 and HQ-109A
THE HQ-109A MUST BE SIGNED BY THE VIOLATOR
-What additional forms are required to seize a stolen gun? - -HQ-106 (for
any stolen property) and NCIC report
-How long do you have to retain documentation of seized property? - -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? - -ALL COMPLAINTS against Department personnel SHALL BE
INVESTIGATED thoroughly, objectively and expeditiously
-What is a complaint? - -Routine corrective action by a supervisor not
resulting in disciplinary action is NOT considered a complaint.
Complaints are regarding the personal behavior or official acts of an
employee. A complaint is a formal WRITTEN ALLEGATION against a member
of the Department, WHICH COULD RESULT IN DISCIPLINARY ACTION
-A complaint must allege one or more of the following: - -An infraction of
Department rules, regulations or policies
An illegal act
-Describe the procedure for investigation of complaints. - -Supervisor will
investigate and forward with recommendations through in-line supervisors to
the major division chief who will review, take appropriate action, or
recommend discharge to the Director. The Department may cause a
separate and independent administrative inquiry to be conducted into
matters concerning an employee's performance, conduct or fitness for duty.
