Code of Criminal Procedure · Art. 2.131
Racial Profiling Prohibited
Racial Profiling Prohibited is covered under Art. 2.131 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Officer Duties" on practice exams.
To prove this offense, the State must establish each of the following elements: Officer-initiated action based solely on race, ethnicity, or national origin; Rather than on individual behavior or information; Strictly prohibited.
Elements you must prove
- Officer-initiated action based solely on race, ethnicity, or national origin
- Rather than on individual behavior or information
- Strictly prohibited
Practice 1 question on this topic
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Worked examples
Worked example 1
CCP Art. 2.131 prohibits a peace officer from:
- Engaging in racial profiling Correct
- Issuing warning citations
- Asking for ID during a traffic stop
- Working off-duty employment
Why: Art. 2.131 expressly prohibits racial profiling. Article 2.132 requires each law enforcement agency to adopt a written policy on racial profiling, including data-collection and a complaint process.
Statute: Tex. Code Crim. Proc. art. 2.131