100.67 CH 5-9 LAW ENFORCEMENT ASSISTANCE AND INTERJURISDICTIONAL OPERATIONS Flashcards
Pursuits. Whether a felony or misdemeanor violation is involved, it is the policy of the Department ______ turn over pursuits entering adjoining states to the appropriate law enforcement agency having jurisdiction as soon as possible. (100.67 5-2 b.)
To
Notification. Whether in pursuit or for collision/investigative follow-up, supervisory approval ________ be obtained prior to entering the adjoining state. When prior notification is impractical, officers shall make notification as soon as possible. Officers shall also immediately notify the appropriate local law enforcement agency of the nature and circumstances surrounding the incident. As a courtesy, officers should also notify other law enforcement agencies when in their jurisdiction. (100.67 5-2 c.)
Should
Suspect’s Return to California - Extradition. Generally, there are ____ means by which a suspect who is physically located in one state may be returned to another state (to face criminal charges) - a suspect not in-custody may voluntarily return and an in-custody suspect may be returned consistent with the asylum state’s “Extradition Acts” (A.R.S. 13-3841 to 13-3868, N.R.S. 179.177 to 179.235, O.R.S. 133.743 to 133.857). (100.67 5-3 a.)
Two
Felony Pursuits. All bordering states have ______ ______ _____. These acts convey peace officer status to officers who enter the state in fresh pursuit of a known or suspected felon. Thus, an officer who initiates a felony pursuit in California may continue the pursuit, should the circumstances warrant. (100.67 5-3 (1)
Fresh Pursuit Acts
Misdemeanor Pursuits. Authority. The Fresh Pursuit Acts are ______ ______ to misdemeanor violations, however, the Interstate Mutual Assistance Agreements, permit officers to act within 50 statute miles of the state border where “immediate law enforcement action” is required or requested. Officers should not pursue beyond the 50 statute mile limit unless the subject’s driving presents an extreme hazard to the public (i.e., DUI, reckless). (100.67 5.-3 2(a))
not applicable
Routine Stops Prohibited. Neither the Fresh Pursuit Acts nor the Interstate Mutual Assistance Agreements authorize _______ ________ of traffic violations (infractions) outside the State of California. (100.67 5-4.-C 1)
routine enforcement
Safety Hazard. When the violation presents an on-going safety hazard and “immediate law enforcement action” is necessary, officers may make an enforcement stop. Motorists stopped should ______ be cited at the scene. Officers should obtain sufficient identifying information upon which to file a complaint. If warranted, a complaint may be filed later through the appropriate California district attorney’s office. (100.67 5-4.-C 2)
not
Hospitalized Suspects - Release/Flight Risk. The Area operational plan shall address procedures for the release of hospitalized suspects and custodial arrest of “flight risk” suspects. Release of Suspect. Generally, hospitalized arrested suspects who are not considered a flight risk should be ______ released from custody consistent with Section 849(b) PC and departmental policies as set forth in HPM 100.68, Enforcement Policy Manual, Chapter 2, Arrest Policies, and HPM 70.4, Driving Under the Influence Enforcement Manual, Chapter 4, DUI Enforcement Policies and Procedures. (100.67 5-5.-e)
Formally
Driver License Suspensions – Implied Consent. Pursuant to Section _______VC, implied consent provisions are applicable only when the suspect is placed under lawful arrest. When a formal arrest is not effected, the Department of Motor Vehicles cannot execute administrative action for blood/alcohol testing refusal. Similarly, an Administrative Per Se (Section 13382 VC) license confiscation requires a valid arrest. Unless the suspect was lawfully arrested, an officer shall not confiscate a DUI suspect’s California driver license. (100.67 5-7 g.)
23612 VC
DEPARTMENTAL RESPONSIBILITIES ON FEDERAL LANDS: Indian reservations and rancherias are to be considered ______ jurisdiction with respect to civil matters, and neither the Department nor local government can cite for parking violations, impose Administrative Per Se driver license sanctions, enforce the “zero tolerance” minor driving-under-the-influence law, or enforce local ordinances. However, these violations, when committed by tribal members on another tribe’s reservation or rancheria, or by non- Indians, are enforceable by the Department. (100.67 6-6 3)
Exclusive
FOREIGN NATIONALS: ARREST, DETENTION, U/T VISA CERTIFICATIONS, AND CONSULAR NOTIFICATION IN THE EVENT OF DEATH OR INJURY: Policy. Officers ______ ______ appropriate enforcement action for all violations observed, regardless of claims of diplomatic or consular immunity alleged by violators. However, a person shall not be subjected to in-custody arrest when Diplomatic or consular immunity is claimed by the individual or suspected by the officer, and The officer has verified or reasonably suspects that the claim of immunity is valid. (100.67 8-3 A 1-2).
should take
The term “immunity” refers to various protections and privileges extended to the _________ of foreign governments who are present in the U.S. as official representatives of their home governments. (100.67 8-3 (2).
employees
Levels of Immunity. The specific degree of immunity afforded to foreign service personnel within the U.S. is directly related to their function and position in this country: Diplomatic agents (e.g., ambassadors and United Nations’ representatives) are afforded the ______ _____ of immunity. They are exempt from arrest or detention and are immune from all criminal (and most civil) prosecution by the host state. The family members of diplomatic agents are afforded these same immunities. There are no diplomatic agents permanently assigned to California; but, they do occasionally visit the state. (100.67 8-4 (3 a)
highest levels
Levels of Immunity. The specific degree of immunity afforded to foreign service personnel within the U.S. is directly related to their function and position in this country: Consular officers are the ranking members of consular posts who perform various formal functions on behalf of their own governments. Typical titles include consul general, consul, and vice consul. These officials ____ immune from arrest or detention, except pursuant to a felony warrant. However, they are only immune from criminal and civil prosecution arising from official acts. (100.67 8-4 (3 b)
are
Levels of Immunity. The specific degree of immunity afforded to foreign service personnel within the U.S. is directly related to their function and position in this country: The family members of consular officers generally do not have immunity. However, any family member who is afforded a higher level of immunity is issued an ________ ______ by U.S. Department of State’s (DOS), enumerating any privileges or immunities on the back of the card. (Examples are consular officers and family members from Russia or China.) (100.67 8-4 (3 b)
identification card
Identification. All diplomatic and consular personnel who are entitled to _______ are registered with the U.S. Department of State’s (DOS) and are issued distinctive identification cards by the DOS Protocol Office (Annex B). These cards are the best means of identifying foreign service personnel. They include a photograph, identifying information, and, on the reverse side, a brief description of the bearer’s immunity status. Unfortunately, these identification cards are not always promptly issued by DOS. In addition to the DOS identification card, foreign service personnel should also have a driver license issued by the DOS Diplomatic Motor Vehicle Office (DMVO), which replaces the operator’s license issued by the state (Annex B). (100.67 8-5 (4)
Immunity
Citable Offenses. An enforcement document shall be issued at the scene for all violations warranting such action, regardless of the violator’s immunity status. (The issuance of a citation is not considered an arrest or detention under current DOS guidelines.) Whenever a CHP 215, Notice to Appear, is issued to an immunity claimant, the following additional procedures shall be followed by the arresting officer:
(a) Identification documents are to be requested of the claimant.
(b) The ____ and _____ represented by the claimant are to be recorded on the back of the officer’s copy of the CHP 215 for later reference (do not include on the face of the CHP 215).
(c) The claimant shall be requested to sign the CHP 215. If the claimant refuses, the identity and immunity status of the individual shall be conclusively established. (Refer to paragraph 3.c.[3] of this chapter, In-Custody Arrests.) (100.67 8-5 (c-2)
“Title and Country”
Citable Offenses. An enforcement document shall be issued at the scene for all violations warranting such action, regardless of the violator’s immunity status. (The issuance of a citation is not considered an arrest or detention under current DOS guidelines.) Whenever a CHP 215, Notice to Appear, is issued to an immunity claimant, the following additional procedures shall be followed by the arresting officer:
(a) ____________ documents are to be ________ of the claimant.
(b) The title and country represented by the claimant are to be recorded on the back of the officer’s copy of the CHP 215 for later reference (do not include on the face of the CHP 215).
(c) The claimant shall be requested to sign the CHP 215. If the claimant refuses, the identity and immunity status of the individual shall be conclusively established. (Refer to paragraph 3.c.[3] of this chapter, In-Custody Arrests.) (100.67 8-5 (c-2)
(a) Identification documents are to be requested of the claimant.
Verified diplomatic agents and consular officers, including staff and family members from countries with which the U.S. has special agreements, are _____ required to sign the CHP 215. The word “Refused” shall be entered in the signature box, and the violator shall be released. (100.67 8-6 (c-c 1)
not required
Verified consular staff members, excluding those from countries with which the U.S. has special agreements (refer to paragraph 3.b.[3][c] of this chapter), are generally ___________ to sign the CHP 215, but a signature shall not be required if their immunity status is uncertain. (100.67 8-6 (c-c 2)
obligated
In-Custody Arrests. Diplomatic agents and consular officers are _______ from arrest or detention (unless they have no identification and the detention is to verify their diplomatic status). Proper identification of immunity claimants is imperative in potential in-custody situations. Claimants who are not entitled to immunity shall be placed in-custody in accordance with the provisions outlined in paragraph 4. of this chapter. (100.67 8-6 (3)
Immune
