You are on page 1of 5

BEXAR COUNTY SHERIFF’S OFFICE

SB 4 PROBABLE CAUSE FORM

Location: Date/Time:
Incident/Case #:
Incident start time: Incident end time:
Deputy/Deputies:

A. DEFINITIONS:
1. Alien - Any person not a citizen or national of the United States, as defined by the Immigration and
Nationality Act (8 U.S.C. Section 1101 et seq.) (initial)
2. Health care facility - A facility licensed, certified, or otherwise authorized to provide health care in the
ordinary course of business, including a hospital, nursing facility, laboratory, intermediate care facility, mental
health facility, transplant center, and any other facility for individuals with intellectual or developmental
disabilities, as defined by Section 161.471, Health and Safety Code. (initial)
3. Health care provider - An individual or facility licensed, certified, or otherwise authorized to provide health
care in the ordinary course of business or professional practice, including a physician, hospital, nursing
facility, laboratory, intermediate care facility, mental health facility, transplant center, and any other facility
for individuals with intellectual or developmental disabilities, as defined by Section 161.471, Health and
Safety Code. (initial)
4. Immigration laws - The laws of this state or federal law relating to aliens, immigrants, or immigration,
including the federal Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) (initial)
5. Institution of higher education - Any public technical institute, public junior college, public senior college or
university, medical or dental unit, public state college, or other agency of higher education, as defined by
Section 61.003, Education Code. (initial)
6. Lawful detention - The detention of an individual by a local entity, state criminal justice agency, or campus
police department for the investigation of a criminal offense. The term excludes a detention if the sole reason
for the detention is that the individual: is a victim of or witness to a criminal offense; or is reporting a
criminal offense, as defined by Sec. 752.051, Government Code. (initial)
7. Local entity - The governing body of a municipality or county, or special district or authority, an officer or
employee of or a division, department, or other body that is part of a municipality, county, or special district
or authority, including a sheriff, municipal police department, municipal attorney, or county attorney; and a
district attorney or criminal district attorney, as defined by Sec. 752.051, Government Code. (initial)
8. Public or private primary or secondary school - A school that offers a course of instruction for students in
one or more grades from prekindergarten through grade 12; and is operated by a governmental or private
non-governmental entity, as defined by Chapter 5, Section 5.001, Education Code. (initial)
9. Safe-ready facility - A health care facility designated as a sexual assault forensic exam-ready facility, as
defined by Section 323.001, Health and Safety Code. (initial)
10. Terry stop - A brief, temporary involuntary detention of a person suspected of being involved in criminal
activity for the purpose of investigating the potential criminal violation, ref. Terry v. Ohio, 392 U.S. 1 (1968)
(initial)
BCSO FORM #350-479 (Mar. 2024)
B. ENFORCEMENT PROHIBITED IN CERTAIN LOCATIONS (initial all):
1. A public or private primary or secondary school for educational purposes. (initial)
2. A church, synagogue, or other established place of religious worship. (initial)
3. A health care facility, including a facility a state agency maintains or operates to provide health care, or
the office of a health care provider, provided that the person is on the premises or grounds of the facility
or office for the purpose of receiving medical treatment. (initial)
4. A safe-ready facility, or another facility that provides forensic medical examinations to sexual assault survivors
provided that the person is on the premises or grounds of the facility for purposes of obtaining a forensic
medical examination and treatment. (initial)

C. RACIAL PROFILING PROHIBITED: (initial)


It is the policy of the Bexar County Sheriff’s Office, Chapter 34 Prohibition of Racial Profiling, that discrimination
based on a person’s race, national origin, citizenship, or ethnicity is prohibited. Law enforcement actions will be
solely based upon reasonable suspicion and/or probable cause of criminal activity and NOT upon unlawful
discriminatory grounds or racial profiling, in accordance with Art. 2B.0052 Racial Profiling Prohibited, CCP.

D. ELEMENTS OF THE OFFENSE: (initial)


1. (Illegal entry from foreign nation) Is an alien who commits an offense if the person enters or attempts to
enter this state directly from a foreign nation at any location other than a lawful port of entry.
2. (Illegal reentry by certain aliens) Is an alien who commits an offense if the person enters, attempts to enter,
or is at any time found in this state after the person:
a. Has been denied admission to or excluded, deported, or removed from the United States; or
b. Has departed from the United States while an order of exclusion, deportation, or removal is outstanding.
3. (Refusal to comply with order to return to foreign nation) Is an alien who commits an offense if:
a. The person has been charged with or convicted of an offense under Chapter 51, Penal Code;
b. A magistrate or judge, as applicable, has issued an order under Article 5B.002, Code of Criminal
Procedure, for the person to return to the foreign nation from which the person entered or attempted to
enter; and the person refuses to comply with the order.

E. ACCEPTABLE FORMS OF IDENTIFICATION: (initial “Yes” or “No”)


1. State Issued Driver’s License or ID Card; Yes No
2. United States Passport or Passport Card; Yes No
3. United States Diplomatic License; Yes No
4. Foreign Passport; Yes No
5. Foreign Driver’s License; Yes No
6. Foreign Military ID Card; Yes No
7. Diplomatic, Consulate, or Embassy ID Card; Yes No
8. Matricular Consular ID Card; Yes No
9. BCSO Inmate Identification Cards; Yes No
10. San Antonio Public Library Enhanced Library Cards. Yes No

BCSO FORM #350-479 (Mar. 2024)


F. INCIDENT DETAILS:

G. SPECIFIC DETAILS:
1. Explain how you knew the person is an alien:

2. Explain how you knew the person entered or attempted to enter this state directly from a foreign nation at
any location other than a lawful port of entry:

3. Explain how you knew the person had been denied admission to or excluded, deported, or removed from the
United States:

4. Explain how you knew the person has departed from the United States while an order of exclusion,
deportation, or removal is outstanding:

H. TAG/CID NOTIFICATION:
Yes (initial) No (initial)
TAG notification made to (print): Date/Time:
Did the person have a U-Visa: Yes (initial) No (initial)
Was obtaining a U-Visa for the person discussed with the TAG investigator: Yes (initial) No (initial)
Date/Time of U-Visa discussion:

I. ACTION TAKEN:
1. Warning (initial)
2. Citation (initial)
3. Field Contact (initial)
4. Arrest (list charge)

J. CONSULATE/CONSULOR NOTIFICATION:
Yes (initial) No (initial)
Was mandatory notification made under the Vienna Convention on Consular Relations: Yes No
Date/Time of notification:
How was notification made (method):
Notification made to (print name): Phone #:
If notification is not mandatory, explain in detail:

BCSO FORM #350-479 (Mar. 2024)


K. ADDITIONAL COMMENTS:

Print name/badge #: Date:

Signature:

Approving field supervisor (print): Date:

Signature:

Approving CID/Transnational Team supervisor (print): Date:

Signature:

BCSO FORM #350-479 (Mar. 2024)


BCSO FORM #350-479 (Mar. 2024)

You might also like