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250 North > 100.67 (LE Assistance/Interjurisdictional Operation), 22.1 (Command Inspections) > Flashcards

100.67 (LE Assistance/Interjurisdictional Operation), 22.1 (Command Inspections) Flashcards

1
Q

Within the Command Inspection Program what are the (4) roles of Supervision and Management?

A

1) Ensure compliance with departmental policies, procedures, and legal statutes
2) Review field operations and administrative processes
3) Provide guidance and direction.
4) New techniques and innovative procedures designed to enhance the effectiveness and efficiency of departmental operations should be recognized by management.
(HPM 22.1, page 1-3)

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2
Q

Within the Command Inspection Program what are the roles of Supervision and Management?

A

An Audit

HPM 22.1, page 1-4

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3
Q

What is the process for analyzing a command through personal discussions and physical examination of departmental and local procedures, personnel, records, equipment, and facilities, to determine the quality and system controls and assurances of the inspected program?

A

An Inspection

HPM 22.1, page 1-4

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4
Q

What are the differences between an audit and an inspection?

A

An audit is an in-depth evaluation, which can only be conducted by a trained auditor. However, an inspection is a cursory review of departmental systems to ensure compliance with departmental policy and legal statutes.
(HPM 22.1, page 1-4)

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5
Q

A CAL-Card Program inspection shall be completed to ensure procurements are in accordance with legal statutes and departmental policy. The purpose of this portion of the inspection is to determine what five control objectives exist or have been accomplished:

A

A CAL-Card Program inspection shall be completed to ensure procurements are in accordance with legal statutes and departmental policy. The purpose of this portion of the inspection is to determine what five control objectives exist or have been accomplished:

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6
Q

All commands shall conduct overtime and grant management inspections within each respective jurisdiction as mandated by this manual. Commanders are responsible for ensuring adherence to the policies and procedures in this manual as well as legal statutes. The inspections shall be based on the previous 12 consecutive months and shall include an adequate sampling of overtime expenditures and grant allocations to test the integrity of each program. What is the SCOPE of this inspection?

A

At least 10 percent of overtime and grants, with a minimum of ten instances of claimed overtime and ten uses of grants funds, from the previous 12 months shall be inspected.
(HPM 22.1, page 6-3)

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7
Q

Reimbursable Services. The following components of reimbursable services shall be inspected and documented. How many types of reimbursable services are there?

A

Reimbursable Services. The following components of reimbursable services shall be inspected and documented. How many types of reimbursable services are there?

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8
Q

What required criteria must be met to enable the Department to seek reimbursement on a CHP-735, Driving Under the Influence Cost Recovery?

A

1) An arrest was made for a violation of California Vehicle Code (CVC)
Sections 23152, 23153.
2) The arrested party was determined by the investigating officer to have
caused a response to an incident.
3) A supporting evidential test with a Blood Alcohol Concentration (BAC)
result of at least .08% or greater, or
4) A commercial driver while driving a commercial vehicle has a
supporting evidential test with a BAC result of at least .04% or greater.
5) Additionally, a conviction for CVC Sections 23152, 23153, or a greater offense is required when one of the following applies:
A BAC test returns under .08%.
A chemical test is positive for drugs only.
There is no supporting BAC test or drug test (i.e., a refusal).
(HPM 22.1, page 8-5 and 8-6)

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9
Q

Departmental aircraft are required to be deployed in accordance with the strategy outlined in HPM 100.7. Reviewing what (3) forms aid in completing the CHP 680IA?

A

1) CHP 93, Aircraft/Flight Duty Report
2) CHP 93F, Airplane Flight Hour Log
3) CHP 93S, Helicopter Flight Hour Log
(HPM 22.1, page 10-4)

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10
Q

What (6) items are covered in the review of the Drug Recognition Expert (DRE) program?

A

1) Are the certifications being completed as required
2) Are officer certifications up to date
3) Do DREs have all of their state-issued equipment
4) Ensure the Area is in compliance with HPM 70.4.
5) Include a review of the Area’s SOP in regards to call out procedures
6) A random sample of several completed DRE reports, training records, and decertification records.
(HPM 22.1, page 10-4)

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11
Q

Thorough inspection of officer safety practices requires a review of written arrest reports. The inspector will randomly select 30 arrest reports, which resulted in a physical arrest for the past year, and review arrest documentation to determine whether sound arrest/OST practices are being applied and policy requirements are being met. What (3) type of reports are to be reviewed?

A

1) CHP 202, Driving Under the Influence Arrest – Investigation Report.
2) CHP 216, Arrest – Investigation Report.
3) Booking, medical clearance, or other pertinent documentation.
(HPM 22.1, page 16-4)

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12
Q

Training/Personnel Files. The inspector will review training and personnel files to ascertain the status of required training and certifications. What unique attribute should an inspector be cognizant of when reviewing personnel files?

A

Confidentiality; At all times, the inspector shall protect the confidential nature of these records.
(HPM 22.1, page 16-4)

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13
Q

The California Highway Patrol Strategic Plan contains two reporting requirements for Area personnel. What are they?

A

The California Highway Patrol Strategic Plan contains two reporting requirements for Area personnel. What are they?

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14
Q

Uniformed employees desiring to purchase and wear a secondary badge shall submit (what form) to their commander?

A

Shall submit a CHP 51 to their commander

HPM 22.1, page 30-4

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15
Q

Employees who elect to designate and carry a secondary firearm must ensure it meets all current factory and departmental specifications. Each firearm shall be identified and recorded on a _________, Secondary Firearms Report, and on a ___________.

A

CHP 4 & CHP 311

HPM 22.1, page 30-4

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16
Q

In regards to the procedures for obtaining Mutual Aid, the Authority for the CHP to provide the various types of assistance and support described in this chapter (HPM 100.67)is contained in what 5 resources?

A

1) California Penal Code
2) Governor’s Executive Orders
3) California Emergency Services Act
4) The Master Mutual Aid Agreement
5) The Law Enforcement Mutual Aid Plan.
(HPM 100.67, page 1-4)

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17
Q

True or False, Approval of the Commissioner or their designee is required before committing CHP resources in response to a request for mutual aid.

A

TRUE

HPM 100.67, page 1-5

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18
Q

Departmental personnel committed to the support of local authorities (should or shall) remain under the command and control of the CHP. All CHP policies and procedures, including the policy on carrying and using firearms, will remain in effect. Commanders and designated supervisors may accept missions from the responsible local authorities.

A

SHALL

HPM 100.67, page 1-6

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19
Q

The Department will respond to traffic collisions within a city only when?

A

1) Upon request of the affected police department or in the case of contract cities, the sheriff’s office
2) After supervisory and administrative personnel of the police department or in the case of contract cities, the sheriff’s department, are fully committed
(HPM 100.67, page 1-11)

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20
Q

In most cases, national parks are exclusive jurisdiction enclaves. Local or state law enforcement personnel are ___________ from assisting in mutual aid situations because of a complete lack of authority. Until a system has been developed to provide CHP personnel with proper authority in national parks, the Department will continue its no assistance position in national parks held under exclusive jurisdiction.

A

Prohibited

HPM 100.67, page 1-12

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21
Q

When approached to provide supplemental law enforcement assistance on a limited basis, CHP commands shall advise local agencies that CHP assistance must be requested by following the same steps contained in the mutual aid process. Local agencies should be requested to contact _________________________.

A

The operational area coordinator for assistance.

HPM 100.67, page 2-1

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22
Q

If requested by the governing body of a newly incorporated city, the California Highway Patrol (CHP) will continue to provide traffic law enforcement services without reimbursement. How long will the Department provide traffic law enforcement services?

A

For the remainder of the fiscal year of incorporation or
Until establishment of a police department, whichever occurs first.
Note: A city which has entered into a contractual agreement with a neighboring city or the county for traffic law enforcement services will be deemed to have established its own police department.
(HPM 100.67, page 3-1 to 3-2)

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23
Q

Whether or not traffic law enforcement services are provided after the date of incorporation, the affected Area command must review what General Order and update all freeway, state highway, county road line, and area beats included within the newly incorporated city.

A

General Order 100.64, Beat Descriptions

HPM 100.67, page 3-4

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24
Q

What Vehicle Code Section provides that the Department shall have primary jurisdiction for the enforcement of laws, and for the investigation of traffic accidents, on all toll roads and state highways constructed as freeways, including adjacent transit facilities. Legislation which was effective September 17, 1965, provided two exceptions: In cities with a population over 2,000,000 or an area over 300 square miles, the Department has primary jurisdiction only if requested by the city council.

A 
Section 2400(d) VC
(HPM 100.67, page 3-A-1)
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25
Q

Interstate mutual assistance is reciprocal assistance between the California Highway Patrol (CHP) and what other Agencies?

A

Oregon State Police
Nevada Highway Patrol
Arizona Department of Public Safety.
(HPM 100.67, page 4-3)

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26
Q

True or False: Officers performing any functions within the territory of the bordering state, in accordance with these agreements, shall have all law enforcement powers, privileges, and immunities from liability; exceptions from law, ordinances, and rules; and all pension, relief, disability, workmen’s compensation, and other benefits which apply to the activity of officers when performing duties within the territorial limits of their respective state.

A

TRUE

HPM 100.67, page 4-5

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27
Q

Peace officer authority available to state and local officials within federal lands can range from no authority to complete authority. Experts in jurisdictional matters classify this range of authority into what four categories?

A 
Exclusive Federal Jurisdiction
Partial Jurisdiction
Concurrent Jurisdiction
Proprietary Jurisdiction
(HPM 100.67, page 6-3 to 6-4)
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28
Q

From time to time, the State Lands Commission (SLC) will hold hearings concerning matters which might affect the jurisdictional status of a federal property. What are the three areas of responsibility for the Department at these hearings?

A

1) The Department shall be represented by appropriate Area and/or Division staff.
2) A memorandum containing a brief summary of the proceedings should be directed to ACF within 30 days of the hearing.
3) Testimony at these hearings is neither required nor precluded.
(HPM 100.67, page 6-9 to 6-10)

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29
Q

True or False: The United States Department of Energy (DOE), National Nuclear Security Administration (NNSA), regularly transports loads of special nuclear materials by armed convoy on California highways. Due to the nature and potential hazards of these materials, it is important that these convoys are afforded the best possible protection. To accomplish this objective, the Department has agreed to cooperate and assist NNSA in assuring safe movement of the convoys.

A

TRUE

HPM 100.67, page 7-3

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30
Q

NNSA Convoy vehicles are to be stopped only as necessary to perform official duties. If stopping a convoy vehicle becomes necessary, officers should take note of what 5 actions?

A

1) Be prepared for the entire convoy to stop.
2) Not expect an immediate reaction in response to the activation of the red enforcement lamp, as the agent-in-charge will need to coordinate the stop with all of the convoy vehicles.
3) During a single officer approach, establish contact with the agents from either side of the vehicle since the vehicle has a PA system on both sides.
4) Avoid making a two-officer approach if not deemed absolutely necessary.
5) Immediately inform agents of the reason for the stop, the intended law enforcement action and what/who is needed to accomplish it.
(HPM 100.67, page 7-5 to 7-6)

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31
Q

Officers responding to or encountering a traffic collision involving NNSA convoy vehicles should take note of what 5 responsibilities?

A

1) Initiate scene management responsibilities.
2) Coordinate additional security requirements with the agent-in-charge.
3) Make an inquiry of the agent-in-charge on the condition of the shipment and the possibility of any leakage.
4) California Highway patrol (CHP) personnel can expect NNSA personnel to make recommendations to assist the Department in mitigating any potential or existing public health threat.
5) Assist the agent-in-charge in expediting the removal/relocation of any damaged equipment.
(HPM 100.67, page 7-6)

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32
Q

Local factors significantly impact issues pertaining to interstate incidents. Therefore, each Area bordering another state ____ develop a local operational plan which addresses local needs and procedures

A

Shall

HPM 100.67, Chapter 5, Page 2

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33
Q

Where possible, Area commanders _____ attempt to enter into a Memorandum of Understanding (MOU) with the appropriate law enforcement agencies.

A

Should

HPM 100.67, Chapter 5, Page 2

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34
Q

To facilitate plan development, Area commands ______ consult with their local California district attorney’s office and/or any other entity which may be affected by the MOU (e.g., local hospitals, labs).

A

Should

HPM 100.67, Chapter 5, Page 2

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35
Q

What is the policy of the Department as it pertains to pursuits entering adjoining states?

A

To turn over pursuits entering adjoining states to the appropriate law enforcement agency having jurisdiction as soon as possible (whether misdemeanor or felony).
(HPM 100.67, Chapter 5, Page 2)

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36
Q

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 ____ make notification as soon as possible.

A

Should / shall

HPM 100.67, Chapter 5, Page 2

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37
Q

Whether in pursuit or for collision/investigative follow-up in an adjoining state, officers _____ immediately notify the appropriate local law enforcement agency of the nature and circumstances surrounding the incident. As a courtesy, officers _____ also notify other law enforcement agencies when in their jurisdiction.

A

Shall / should

HPM 100.67, Chapter 5, Page 2

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38
Q

All efforts to return custodial suspects to California _____ conform to the “Extradition Act” of the asylum state. Additionally, Areas _____ receive prior approval from their respective Division.

A

Shall / shall

HPM 100.67, Chapter 5, Page 2

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39
Q

The Interstate Mutual Assistance Agreements, permit officers to act within _____ statute miles of the state border where “immediate law enforcement action” is required or requested.

A

50

HPM 100.67, Chapter 5, Page 3

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40
Q

Officers _____ pursue beyond the 50 statute mile limit unless the subject’s driving presents an extreme hazard to the public (i.e., DUI, reckless).

A

Should

HPM 100.67, Chapter 5, Page 3

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41
Q

When a violation is being observed by a CHP officer in an adjoining state presents an on-going safety hazard and “immediate law enforcement action” is necessary, officers _____ make an enforcement stop.

A

May

HPM 100.67, Chapter 5, Page 4

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42
Q

To ensure compliance with legal requirements of a border state, officers _____ request the local law enforcement agency assist in obtaining blood samples.

A

Should

HPM 100.67, Chapter 5, Page 6

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43
Q

If a person is arrested for DUI charges across a bordering state (pursuit/stop initiates in California and arrest occurs in bordering state) do the provisions of a forced blood withdrawal still apply?

A

No – Statutes of one state have no force in another state (Hall v. University of Nevada 74 C.A.3d 280 [141 Cal.Rptr 439]). Actions contrary to the individual state’s law or undertaken without police authority could result in criminal and/or civil charges filed against an officer and/or the Department.
(HPM 100.67, Chapter 5, Page 6)

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44
Q

An EEO command inspection is to encompass the EEO activities of the command for the (amount of time) preceding the inspection, and will require a thorough review of EEO-related documentation.

A

12 consecutive months

HPM 22.1, Chapter 29, Page 3

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45
Q

During the EEO command inspection, documentation, interviews of appropriate personnel, along with the personal observations of the inspector, will be used to complete the (form) .

A

CHP 681R, Equal Employment Opportunity – Inspection Checklist

(HPM 22.1, Chapter 29, Page 3)

46
Q

Managers and supervisors are required to attend hours of initial sexual harassment training upon promotion and refresher training every _____ years, which _____ be documented on the employee’s CHP 237

A

Two / Two / Shall

HPM 22.1, Chapter 29, Page 5

47
Q

Completed EEO command inspection documentation shall be maintained in a chronological file for (amount of time) , and be readily available for management review.

A

The previous four years, plus current

HPM 22.1, Chapter 29, Page 6

48
Q

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.

A

exclusive

HPM 100.67 (chapter 6 pg 6)

49
Q

Under extraordinary circumstances, an exclusive- or partial-jurisdiction agency may request departmental mutual aid or the Area command may be directed to patrol and take enforcement action within an exclusive- or a partial jurisdiction property. What (4) things will happen?

A

Affected officers must be deputized as U.S. Marshals before beginning such an assignment.

All enforcement actions will be undertaken under the Assimilative Crimes Act (ACA). See Annex B, paragraph 1.e., for a discussion of the ACA.

Use the following format to write violations in the violation portion of a CHP 215, Notice to Appear: “23152a CVC - DUI, 18 USC 13, ACA”

Violators will be cited into federal court.
HPM 100.67 (Chapter 6 pg 8)

50
Q

True or False? The purpose of law enforcement mutual aid is to ensure effective mitigation of emergencies throughout California or adjacent states. The California Highway Patrol (CHP) is prepared to provide mutual aid to law enforcement agencies of political subdivisions, other states, and the federal government.

A

True

HPM 100.67 (Chapter 1 pg 3)

51
Q

True or False? The basic policy of California’s Law Enforcement Mutual Aid Plan is to provide state resources to local government during civil disorders and unusual occurrences after local and adjacent government aid has been reasonably committed, or when the magnitude of the emergency is such that it would be in the best interest of the state to commit CHP resources prior to the commitment of local agency resources.

A

True

HPM 100.67 Chapter 1, pg 3)

52
Q

Following the April 1992 civil unrest in Los Angeles, Cal OES, in consultation with the regional law enforcement mutual aid coordinators (sheriffs), developed an interim operational checklist for civil unrest situations. The key aspects of the checklist were determined to be consistent with the Law Enforcement Mutual Aid Plan. Key aspects are as follows: (6) things

A

Initial response must be both rapid and coordinated.

Information must be shared at the onset and continually during an incident.

The mutual aid system is effective when utilized properly.

Mutual aid should be requested early in an incident rather than after local resources are overwhelmed.

The CHP can be utilized at any response level and may be used to assist local law enforcement for firefighter protection, or other appropriate missions, even prior to a request for other mutual aid.

Coordinated mobilization should include well
managed staging and resource assignment functions

HPM 100.67 (Chapter 1 pg 4-5)

53
Q

Requests for “mutual aid support” at local jurisdiction (city or county) custodial facilities will be handled the same as any other mutual aid request. All requests for unarmed assistance will be ________.

A

Declined

HPM 100.67 (Chapter 1 pg 5)

54
Q

Missions within the confines of custodial facilities shall be limited to the prevention of death or injury to any person, including inmates or wards, as deemed appropriate and necessary by the _____________ at the scene.

A

Ranking CHP officer

HPM 100.67 Chapter 1 pg 6)

55
Q

True or False? The Department will also respond to officer needs assistance (11-99 or 999) type requests whenever the lives or safety of any custodial personnel are in immediate jeopardy, regardless of the peace officer status of the person needing assistance.

A

True

HPM 100.67 (Chapter 1 pg 6)

56
Q

Departmental personnel committed to the support of local authorities ______ remain under the command and control of the CHP. All CHP policies and procedures, including the policy on carrying and using firearms, will remain in effect. Commanders and designated supervisors may accept missions from the responsible local authorities.

A

shall

HPM 100.67 (Chapter 1 pg 6)

57
Q

Uniformed personnel shall respond to officer needs assistance requests. The degree of response must be based on the decision of the ______________who is authorized to commit the personnel and resources necessary to meet the particular situation.

A

on-duty supervisor

HPM 100.67 (Chapter 1 pg 6)

58
Q

True or False? Departmental personnel shall not provide service or assistance to a city or county law enforcement agency involved in a job action unless authorized. This authorization may only be granted by the Commissioner; Deputy Commissioner; Assistant Commissioner, Field; or Assistant Commissioner, Staff.

A

True (This policy shall not preclude CHP response to officer needs assistance, emergency traffic assistance incidents, or other immediate life threatening situations.)

HPM 100.67 (Chapter 1 pg 7)

59
Q

A foreign national is anyone who is not a citizen of the United States (U.S.). A person with dual-citizenship, U.S. and foreign, is not a foreign national. True or False?

A

True

HPM 100.67 (Chapter 8 pg 3)

60
Q

Officers should take 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: (2) things

A

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.

HPM 100.67 (Chapter 8 pg 3)

61
Q

Diplomatic agents (e.g., ambassadors and United Nations’ representatives) are afforded the highest levels 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 ______ afforded these same immunities.

A

Are

HPM 100.67 (Chapter 8 pg 4)

62
Q

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 are immune from arrest or detention, except pursuant to a ___________.

A

Felony Warrant

HPM 100.67 (Chapter 8 pg 4)

FYI: However, they are only immune from criminal and civil prosecution arising from official acts. Official acts of immunity must be raised as an affirmative defense in the court of jurisdiction, and their validity is determined by the court. Under this defense, the prohibited act itself must have been performed as an official function; it is not enough that the consular agent was on duty or in an official capacity at the time of the violation. 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 identification card by DOS, enumerating any privileges or immunities on the back of the card.

63
Q

Consular employees (e.g., advisors, attachés, chancellors) have immunity______________________. Service staff (e.g., cooks, housekeepers, chauffeurs) generally do not have any immunity. Both consular employees and service staff may be arrested or detained. (Exceptions include staff from Russian and Chinese consulates: special agreements afford these personnel the same immunity as consular officers.) Family members have limited immunity which would be listed on the back of the State Department identification card. There are several thousand consular employees in California.

A

only for official acts

Felony Warrant

64
Q

Honorary consuls are part-time employees of the country they represent and are either permanent residents of the U.S. or U.S. nationals (unlike career consular officers, who are foreign nationals on temporary assignment to the U.S.). Honorary consuls may be arrested and detained; limited immunity for official acts may be available as a subsequent defense. Family members ________ immunity. There are less than 100 honorary consuls in California.

A

have no

HPM 100.67 (Chapter 8 pg 5)

65
Q

True or False? All diplomatic and consular personnel who are entitled to immunity are registered with the 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.

A

true

HPM 100.67 (Chapter 8 pg 6)

66
Q

True or False? Vehicles which are owned by foreign missions or foreign service personnel and their dependents are registered with the DOS, OFM, and display distinctive red, white, and blue license plates.

A

True

HPM 100.67 (Chapter 8 pg 6)

67
Q

What are state’s Fresh Pursuit Acts?

A

The bordering state’s Fresh Pursuit Acts statutorily extend peace officer authority to officers from other states when in “fresh pursuit” of a fleeing felon (100.67, 5-1)

68
Q

In general, what is a “fresh pursuit?”

A

In general, “fresh pursuit” is timely and continuous pursuit of a violator (100.67, 5-1)

69
Q

Interstate Mutual Assistance Agreements convey limited peace officer authority specifically to officers of the CHP, Oregon State Police (OSP), Nevada Department of Motor Vehicles and Public Safety (NHP), and Arizona Department of Public Safety (DPS) acting outside their state, but within ________ of the state border

A

50 statute miles (100.67, 5-1)

70
Q

Interstate Mutual Assistance Agreements convey limited peace officer authority under the following (2) circumstances

A

(1) In response to a request for services initiated by one of the agencies participating in the Interstate Mutual Assistance Agreement. HPM 100.67 5-2
(2) Upon circumstances requiring “immediate law enforcement action or other emergency action.” (100.67, 5-1)

71
Q

Whether in pursuit or for collision/investigative follow-up, supervisory approval should/shall be obtained prior to entering the adjoining state?

A

should 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 (100.67, 5-2)

72
Q

All efforts to return custodial suspects to California shall conform to the “Extradition Act” of the ________.

A

asylum state (100.67, 5-2)

73
Q

Generally, what are two means by which a suspect who is physically located in one state may be returned to another state (to face criminal charges)?

A

a suspect not in-custody may voluntarily return and an in-custody suspect may be returned consistent with the asylum state’s “Extradition Acts” (100.67, 5-3)

74
Q

Are the Fresh Pursuit Acts applicable to misdemeanor violations (DUI, etc)?

A

no, not applicable 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 (100.67, 5-3)

75
Q

Are we authorized to conduct routine enforcement of traffic violations (infractions) outside the State of California?

A

no, neither the Fresh Pursuit Acts nor the Interstate Mutual Assistance Agreements authorize
(100.67, 5-4

76
Q

True or False? The fresh pursuit authority (Fresh Pursuit Acts) extends to felony DUI follow-up at the hospital.

A

True, the officer should clearly articulate the investigation was timely and continuous. The circumstances causing the delay (scene investigation, medical transport of the suspect, etc.) should be well documented.
(100.67, 5-4)

77
Q

All national forests fall within what type of

federal jurisdiction.?

A

concurrent

100.67, 6-4

78
Q

Do state criminal laws have the same force and effect on Indian reservations and rancherias as they have elsewhere in the state?

A

Yes

100.67, 6-5

79
Q

Do county and city ordinances have the same force and effect on Indian reservations and rancherias as they have elsewhere in the state?

A

no

100.67, 6-5

80
Q

On Indian reservations and Rancherias, may the Department or local government cite tribal members for parking violations, impose Administrative Per Se driver license sanctions, enforce the “zero tolerance” minor driving-under-the-influence law, or enforce local ordinances?

A

no they are to be considered exclusive jurisdiction with respect to civil matters
(100.67, 6-5)

81
Q

On Indian reservations and Rancherias, may the Department or local government cite tribal members on another tribe’s reservation or rancheria, or non-Indians for parking violations, impose Administrative Per Se driver license sanctions, enforce the “zero tolerance” minor driving-under-the-influence law, or enforce local ordinances?

A

yes they are enforceable by the Department (100.67, 6-5)

82
Q

The Department may only remove a vehicle located within the territorial limits of an Indian reservation or rancheria in emergency situations or only under the following (7) CVC authorities:

A

1 California Vehicle Code 22651(b) - Obstructing Traffic/Blocking.
2 California Vehicle Code 22654(e) - Impeding Emergency
Services Personnel.
3 California Vehicle Code 22651(c) - Stolen/Embezzled Vehicle.
4 California Vehicle Code 22651(g) - Driver Incapacitated.
5 California Vehicle Code 22651(h) - Driver in Custody.
6 California Vehicle Code 22655 - Impound for Investigation of a
Hit-and-Run.
7 California Vehicle Code 22656 - Removal from Railroad Right-of-
Way.
(100.67, ch 6,pg 7-8)

83
Q

At least ___ percent of the items, with a minimum of ten items, from the evidence/property system shall be inspected?

A

10% (22.1, 2-4)

84
Q

An inventory is a survey of ____ percent of the items held in the evidence/property system

A

100% (22.1, 2-7)

85
Q

What is the difference between an Audit and an Inspection?

A

An audit is an in-depth evaluation, which can only be conducted by a trained auditor. However, an inspection is a cursory review of departmental systems to ensure compliance with departmental policy and legal statutes. An inspection can be conducted by any member of the Department in accordance with this manual.

86
Q

What two state agencies must enter into an agreement with each tribe involved in gaming activities that wishes to transport gaming devices?

A

The Department of Justice (DOJ), Bureau of Gambling Control (BGC) (100.67, 9-3)

87
Q

What are the (4) key requirements for transporting gaming devices?

A

1) The final destination of the devices must be a legally licensed gaming, storage, or repair facility, either in California or another state or country in which
the device is legal.
2) A tribe must provide at least 10 days notice of transportation intent to the sheriff’s department of the county in which the tribal land is located
3) The devices must be transported in a locked compartment or sealed container within the transporting vehicle, and must be inaccessible during
transport.
4) The carrier must have a copy of both the transportation permit and the shipment notice provided to the Sheriff’s Department, as issued by the applicable Tribal Gaming Agency, in possession at all times while transporting the devices
(100.67, 9-3)

88
Q

May Diplomatic agents (e.g., ambassadors and United Nations’ representatives) subject to arrest or detention?

A

No. They are exempt from arrest or detention and are immune from all criminal (and most civil) prosecution by the host state. (100.67, 8-4)

89
Q

Are diplomatic agent’s families afforded the same immunities?

A

YES (100.67, 8-4)

90
Q

May Consular officers (e.g., consul general, consul, and vice consul) subject to arrest or detention?

A

These officials are 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)

91
Q

Do family members of consular officers immunity?

A

generally not, and if they do, they have an identification card by DOS, enumerating any
privileges or immunities on the back of the card. (100.67, 8-4)

92
Q

May consular employees and service staff be arrested or detained?

A

yes, consular employees (e.g., advisors, attachés, chancellors) have immunity only for official acts (100.67, 8-4)

93
Q

May Honorary consuls(e.g., part-time employees of the country they represent and are either permanent residents of the U.S. or U.S. nationals) subject to arrest or detention?

A

Honorary consuls may be arrested and detained;

and Family members have no immunity (100.67, 8-4)

94
Q

May a subject who is placed under arrest and claims diplomatic or consular immunity be physically restrained?

A

shall not be, before verification of the claim unless for safety reasons (100.67, 8-6)

95
Q

May vehicles which are owned by subjects with full immunity be searched, stored, or impounded without the owner’s permission?

A

may not (100.67, 8-9)

96
Q

A photocopy of each CHP 215, CHP 216, or CHP 202,
involving an identified diplomat and/or immunity claimant shall be sent via e-mail ______ to Assistant Commissioner, Field (ACF), whether or not the claim is verified.

A

within 48 hours (100.67, 8-9)

97
Q

May officers arrest or detain foreign nationals solely for alleged illegal presence in the U.S.?

A

shall not, illegal presence is a federal civil violation enforceable only by federal officers (100.67, 8-10)

98
Q

If a foreign national claim citizenship from an annex G country and requests no contact with the consulate, are Officers required to notify the consulate or embassy of the arrest?

A

YES, SHALL notify by treaty obligations (100.67, 8-13)

99
Q

Does a foreign national’s assertion of the right to consular contact prevent subsequent questioning?

A

no, does not prevent (100.67, 8-13)

100
Q

When entering the evidence/property room to conduct inspections, there shall be at least ____ employees present?

A

two (22.1, 2-3)

101
Q

May evidence be opened to verify the contents during an inspection or inventory?

A

no, (22.1, 2-3)

102
Q

Whether a felony or misdemeanor violation is involved, it is the policy of the Department to ____________ entering adjoining states to the appropriate law enforcement agency having jurisdiction as soon as possible.

A

turn over pursuits

(HPM 100.67, page 2)-chapter 5

103
Q

Whether in pursuit or for collision/investigative follow-up, supervisory approval be______ obtained prior to entering the adjoining state.

A

Should

(HPM 100.67, page 2)- chapter 5

104
Q

Two means by which a suspect who is physically located in one state may be returned to another state (to face criminal charges) - a suspect _________may voluntarily return and an _____ suspect may be returned consistent with the asylum state’s “Extradition Acts”

A

not in-custody
in-custody
(HPM 100.67, page 3) chapter 5

105
Q

Officers should not pursue beyond the _________limit unless the subject’s driving presents an extreme hazard to the public

A

50 statute mile

(HPM 100.67, page 3) chapter 5

106
Q

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 __________confiscate a DUI suspect’s California driver license.

A

shall not

(HPM 100.67, page 7) chapter 5

107
Q

Officers should take 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:

A

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.
(HPM 100.67, page 3) chapter 8

108
Q

Officers who arrest (DUI or other investigative arrests shall photo copy each CHP 215, CHP 216, and CHP 202, when the involved is identified as a diplomat and/or immunity claimant and send them to the ACF within how many hours?

A

48 hours

(HPM 100.67, page 9) chapter 9

109
Q

Departmental personnel are reminded that evidence ________be opened to verify the contents during an inspection or inventory.

A

shall not

(HPM 22.1, page 3) chapter 2

110
Q

UNCLAIMED PROPERTY. Verify all unclaimed property of value has been picked up after it has been held for ____days.

A

90

(HPM 22.1, page 4) chapter

111
Q

The number of keys to the property room shall be limited to the number of evidence officers assigned to the command plus the __________________key.

A

commander’s emergency access

(HPM 22.1, page 7) chapter 2

112
Q

CHP 735A, Case Log, DUI Cost Recovery Program shall include the following information:

A

Defendant Information; Violation Information; Court Information; Fiscal Management Section information; and Blood Alcohol Content Test Results
(HPM 22.1, page 6) chapter 8

250 North (5 decks)

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