TCOLE (Texas Commission on Law Enforcement) Comprehensive Study Guide –
2026/2027 Syllabus
Section 1: Penal Code & Criminal Offenses
1. What is the lowest level of culpable mental state defined in the Texas Penal
Code? - ANSWER ✓ Criminal Negligence. A person acts with criminal negligence when
they ought to be aware of a substantial and unjustifiable risk.
2. What is the key distinction between theft and robbery? - ANSWER ✓ Robbery
includes the element of causing or threatening to cause bodily injury to another, or
placing another in fear of imminent bodily injury or death, during the course of
committing theft.
3. Define the offense of "Assault" under Texas law. - ANSWER ✓ A person commits
assault if they intentionally, knowingly, or recklessly cause bodily injury to another;
intentionally or knowingly threaten another with imminent bodily injury; or intentionally
or knowingly cause physical contact with another when they know or should believe the
other will regard it as offensive or provocative.
4. What must be proven for a charge of Burglary of a Habitation? - ANSWER ✓ The
accused, without the effective consent of the owner, entered a habitation (or remained
concealed) with the intent to commit a felony, theft, or assault.
5. What is required for the offense of Evading Arrest or Detention? - ANSWER ✓ The
suspect intentionally flees from a person they know is a peace officer attempting
lawfully to arrest or detain them.
6. What differentiates Murder from Capital Murder in Texas? - ANSWER ✓ Capital
Murder involves specific circumstances (e.g., murder of a peace officer, firefighter,
murder during commission of other felonies like kidnapping, burglary, etc.) that make it
eligible for the death penalty or life without parole.
7. Define the elements of Possession of a Controlled Substance. - ANSWER ✓ The
accused exercised care, custody, control, or management over the substance; the
substance was a controlled substance; and the accused knew of its existence and nature.
8. What constitutes "Official Oppression" under the Penal Code? - ANSWER ✓ A public
servant, acting under color of office, intentionally subjects another to mistreatment or
arrest/detention/searches they know are unlawful, or denies or impedes a right or
privilege.
9. What is the "Law of Parties" as defined in Texas? - ANSWER ✓ A person is criminally
responsible for an offense committed by the conduct of another if, acting with intent to
promote or assist, they solicit, encourage, direct, aid, or attempt to aid the other person
in committing it.
, 10. What is required for a DWI charge? - ANSWER ✓ Operating a motor vehicle in a
public place while intoxicated (not having normal use of mental/physical faculties due to
alcohol/drugs, or having a BAC of 0.08 or more).
Section 2: Code of Criminal Procedure
11. What are the four required elements of an arrest warrant? - ANSWER ✓ It must be in
writing, in the name of the State of Texas, state the name of the person to be arrested or
provide a sufficient description, and be signed by a magistrate.
12. When may a peace officer make a warrantless arrest? - ANSWER ✓ When an offense
is committed in the officer's presence or view; when there is probable cause to believe
the person committed an offense (felony) and the arrest is immediately necessary; or
under specific statutory authorizations (e.g., assault involving family violence, violations
of protective orders).
13. What is the primary duty of a peace officer at the scene of an investigation? -
ANSWER ✓ To seek the truth and follow the evidence without prejudice, ensuring justice
is served.
14. What must be included in a magistrate's warning to a suspect before
interrogation? - ANSWER ✓ The right to remain silent; any statement can be used
against them; the right to an attorney; and if unable to afford one, an attorney will be
appointed.
15. What is an "Information" in criminal procedure? - ANSWER ✓ A written statement
filed by the prosecutor accusing a person of a crime, used for misdemeanors (and some
felonies) to initiate prosecution.
16. Define the "Good Faith Exception" to the exclusionary rule. - ANSWER ✓ Evidence
obtained by an officer acting in objective good faith reliance on a warrant later found to
be defective is generally admissible.
17. What is the purpose of an examining trial? - ANSWER ✓ To determine if there is
probable cause to believe a felony was committed and the accused committed it,
ensuring no unlawful detention.
18. When must a defendant be taken before a magistrate? - ANSWER ✓ Without
unnecessary delay, and in no event longer than 48 hours after arrest (excluding
weekends/holidays), to be informed of charges, rights, and to allow for bail
consideration.
19. What are the requirements for a valid consent search? - ANSWER ✓ Consent must
be voluntary, given by a person with authority over the premises/items, and not
obtained through coercion or deception.
20. What is the "Exclusionary Rule"? - ANSWER ✓ A legal principle that prohibits the use
of evidence obtained in violation of a defendant's constitutional rights.
Section 3: Use of Force & De-Escalation (Updated 2026/2027)
2026/2027 Syllabus
Section 1: Penal Code & Criminal Offenses
1. What is the lowest level of culpable mental state defined in the Texas Penal
Code? - ANSWER ✓ Criminal Negligence. A person acts with criminal negligence when
they ought to be aware of a substantial and unjustifiable risk.
2. What is the key distinction between theft and robbery? - ANSWER ✓ Robbery
includes the element of causing or threatening to cause bodily injury to another, or
placing another in fear of imminent bodily injury or death, during the course of
committing theft.
3. Define the offense of "Assault" under Texas law. - ANSWER ✓ A person commits
assault if they intentionally, knowingly, or recklessly cause bodily injury to another;
intentionally or knowingly threaten another with imminent bodily injury; or intentionally
or knowingly cause physical contact with another when they know or should believe the
other will regard it as offensive or provocative.
4. What must be proven for a charge of Burglary of a Habitation? - ANSWER ✓ The
accused, without the effective consent of the owner, entered a habitation (or remained
concealed) with the intent to commit a felony, theft, or assault.
5. What is required for the offense of Evading Arrest or Detention? - ANSWER ✓ The
suspect intentionally flees from a person they know is a peace officer attempting
lawfully to arrest or detain them.
6. What differentiates Murder from Capital Murder in Texas? - ANSWER ✓ Capital
Murder involves specific circumstances (e.g., murder of a peace officer, firefighter,
murder during commission of other felonies like kidnapping, burglary, etc.) that make it
eligible for the death penalty or life without parole.
7. Define the elements of Possession of a Controlled Substance. - ANSWER ✓ The
accused exercised care, custody, control, or management over the substance; the
substance was a controlled substance; and the accused knew of its existence and nature.
8. What constitutes "Official Oppression" under the Penal Code? - ANSWER ✓ A public
servant, acting under color of office, intentionally subjects another to mistreatment or
arrest/detention/searches they know are unlawful, or denies or impedes a right or
privilege.
9. What is the "Law of Parties" as defined in Texas? - ANSWER ✓ A person is criminally
responsible for an offense committed by the conduct of another if, acting with intent to
promote or assist, they solicit, encourage, direct, aid, or attempt to aid the other person
in committing it.
, 10. What is required for a DWI charge? - ANSWER ✓ Operating a motor vehicle in a
public place while intoxicated (not having normal use of mental/physical faculties due to
alcohol/drugs, or having a BAC of 0.08 or more).
Section 2: Code of Criminal Procedure
11. What are the four required elements of an arrest warrant? - ANSWER ✓ It must be in
writing, in the name of the State of Texas, state the name of the person to be arrested or
provide a sufficient description, and be signed by a magistrate.
12. When may a peace officer make a warrantless arrest? - ANSWER ✓ When an offense
is committed in the officer's presence or view; when there is probable cause to believe
the person committed an offense (felony) and the arrest is immediately necessary; or
under specific statutory authorizations (e.g., assault involving family violence, violations
of protective orders).
13. What is the primary duty of a peace officer at the scene of an investigation? -
ANSWER ✓ To seek the truth and follow the evidence without prejudice, ensuring justice
is served.
14. What must be included in a magistrate's warning to a suspect before
interrogation? - ANSWER ✓ The right to remain silent; any statement can be used
against them; the right to an attorney; and if unable to afford one, an attorney will be
appointed.
15. What is an "Information" in criminal procedure? - ANSWER ✓ A written statement
filed by the prosecutor accusing a person of a crime, used for misdemeanors (and some
felonies) to initiate prosecution.
16. Define the "Good Faith Exception" to the exclusionary rule. - ANSWER ✓ Evidence
obtained by an officer acting in objective good faith reliance on a warrant later found to
be defective is generally admissible.
17. What is the purpose of an examining trial? - ANSWER ✓ To determine if there is
probable cause to believe a felony was committed and the accused committed it,
ensuring no unlawful detention.
18. When must a defendant be taken before a magistrate? - ANSWER ✓ Without
unnecessary delay, and in no event longer than 48 hours after arrest (excluding
weekends/holidays), to be informed of charges, rights, and to allow for bail
consideration.
19. What are the requirements for a valid consent search? - ANSWER ✓ Consent must
be voluntary, given by a person with authority over the premises/items, and not
obtained through coercion or deception.
20. What is the "Exclusionary Rule"? - ANSWER ✓ A legal principle that prohibits the use
of evidence obtained in violation of a defendant's constitutional rights.
Section 3: Use of Force & De-Escalation (Updated 2026/2027)
