Sergeant Test Study Guide With 100%
Correct Answers | Verified 2024
1st Amendment CORRECT ANSWERS Freedom of Religion, Speech, Press,
Assembly, and Petition
2nd Amendment CORRECT ANSWERS Right to keep and bear arms
3rd Amendment CORRECT ANSWERS No quartering of soldiers in private homes
4th Amendment CORRECT ANSWERS Protection against Unreasonable Search and
Seizure
5th Amendment CORRECT ANSWERS protects against self-incrimination and double
jeopardy, due process
6th Amendment CORRECT ANSWERS The right to a Speedy Trial by jury,
representation by an attorney for an accused person
7th Amendment CORRECT ANSWERS Right to a trial by jury in civil cases
8th Amendment CORRECT ANSWERS No cruel or unusual punishment, no excessive
bail
9th Amendment CORRECT ANSWERS Citizens entitled to rights not listed in the
Constitution
10th Amendment CORRECT ANSWERS Powers Reserved to the States
What is the Department's property policy? CORRECT ANSWERS 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 ANSWERS 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 ANSWERS 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 ANSWERS
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
ANSWERS Evidentiary and non-evidentiary
The HQ-109 is used for what two types of property? CORRECT ANSWERS 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 ANSWERS 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 ANSWERS
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 ANSWERS 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 ANSWERS 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 ANSWERS 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 ANSWERS 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
ANSWERS 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 ANSWERS HQ-
106 (for any stolen property) and NCIC report
How long do you have to retain documentation of seized property? CORRECT
ANSWERS 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 ANSWERS ALL COMPLAINTS against Department personnel SHALL BE
INVESTIGATED thoroughly, objectively and expeditiously
What is a complaint? CORRECT ANSWERS 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: CORRECT ANSWERS An
infraction of Department rules, regulations or policies
An illegal act
Describe the procedure for investigation of complaints. CORRECT ANSWERS
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.
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