1. (a) An officer or other member of the Criminal Law Enforcement Division may conduct a criminal investigation when adequate suspicion exists that a crime has been, is being, or is about to be committed. The investigation shall ascertain the facts:

   1. (1) to determine the existence of:

      1. (A) reasonable suspicion to support the temporary detention of a suspect for further investigation or identification;
      2. (B) probable cause to support a search or arrest warrant; or
      3. (C) probable cause to support the warrantless seizure of property or evidence or the warrantless arrest of a suspect who is committing or has committed a crime, or
   2. (2) to take lawful action to prevent a crime from being committed.

2. (b) An officer or member who is conducting a criminal investigation shall be primarily concerned only with an investigation within the specialty field to which the officer or member has been assigned, except:

   1. (1) in an emergency situation; or
   2. (2) when instructed to participate in a special investigation by a supervisor.
3. (c) No officer or member may investigate a public official without proper authorization of the director, the assistant director, or another individual expressly acting in the stead of the director.

Source Note:The provisions of this §5.2 adopted to be effective March 11, 2008, 33 TexReg 2035.