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

Question 1

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

Answer 1

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)

Question 2

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

Answer 2

An Audit

HPM 22.1, page 1-4

Question 3

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?

Answer 3

An Inspection

HPM 22.1, page 1-4

Question 4

What are the differences between an audit and an inspection?

Answer 4

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)

Question 5

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:

Answer 5

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:

Question 6

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?

Answer 6

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)

Question 7

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

Answer 7

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

Question 8

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

Answer 8

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)

Question 9

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?

Answer 9

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)

Question 10

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

Answer 10

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)

Question 11

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?

Answer 11

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)

Question 12

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?

Answer 12

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

Question 13

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

Answer 13

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

Question 14

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

Answer 14

Shall submit a CHP 51 to their commander

HPM 22.1, page 30-4

Question 15

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 ___________.

Answer 15

CHP 4 & CHP 311

HPM 22.1, page 30-4

Question 16

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?

Answer 16

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)

Question 17

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

Answer 17

TRUE

HPM 100.67, page 1-5

Question 18

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.

Answer 18

SHALL

HPM 100.67, page 1-6

Question 19

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

Answer 19

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)

Question 20

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.

Answer 20

Prohibited

HPM 100.67, page 1-12

Question 21

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 _________________________.

Answer 21

The operational area coordinator for assistance.

HPM 100.67, page 2-1

Question 22

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?

Answer 22

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)

Question 23

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.

Answer 23

General Order 100.64, Beat Descriptions

HPM 100.67, page 3-4

Question 24

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.

Answer 24

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

Question 25

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

Answer 25

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

Question 26

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.

Answer 26

TRUE | HPM 100.67, page 4-5

Question 27

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?

Answer 27

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

Question 28

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?

Answer 28

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)

Question 29

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.

Answer 29

TRUE | HPM 100.67, page 7-3

Question 30

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?

Answer 30

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)

Question 31

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

Answer 31

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)

Question 32

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

Answer 32

Shall | HPM 100.67, Chapter 5, Page 2

Question 33

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

Answer 33

Should | HPM 100.67, Chapter 5, Page 2

Question 34

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).

Answer 34

Should | HPM 100.67, Chapter 5, Page 2

Question 35

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

Answer 35

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)

Question 36

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.

Answer 36

Should / shall | HPM 100.67, Chapter 5, Page 2

Question 37

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.

Answer 37

Shall / should | HPM 100.67, Chapter 5, Page 2

Question 38

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.

Answer 38

Shall / shall | HPM 100.67, Chapter 5, Page 2

Question 39

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.

Answer 39

50 | HPM 100.67, Chapter 5, Page 3

Question 40

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

Answer 40

Should | HPM 100.67, Chapter 5, Page 3

Question 41

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.

Answer 41

May | HPM 100.67, Chapter 5, Page 4

Question 42

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

Answer 42

Should | HPM 100.67, Chapter 5, Page 6

Question 43

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?

Answer 43

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)

Question 44

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.

Answer 44

12 consecutive months | HPM 22.1, Chapter 29, Page 3

Question 45

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*) .

Answer 45

CHP 681R, Equal Employment Opportunity – Inspection Checklist (HPM 22.1, Chapter 29, Page 3)

Question 46

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

Answer 46

Two / Two / Shall | HPM 22.1, Chapter 29, Page 5

Question 47

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

Answer 47

The previous four years, plus current | HPM 22.1, Chapter 29, Page 6

Question 48

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.

Answer 48

exclusive | HPM 100.67 (chapter 6 pg 6)

Question 49

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?

Answer 49

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)

Question 50

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.

Answer 50

True HPM 100.67 (Chapter 1 pg 3)

Question 51

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.

Answer 51

True HPM 100.67 Chapter 1, pg 3)

Question 52

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

Answer 52

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)

Question 53

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 ________.

Answer 53

Declined HPM 100.67 (Chapter 1 pg 5)

Question 54

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.

Answer 54

Ranking CHP officer HPM 100.67 Chapter 1 pg 6)

Question 55

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.

Answer 55

True HPM 100.67 (Chapter 1 pg 6)

Question 56

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.

Answer 56

shall HPM 100.67 (Chapter 1 pg 6)

Question 57

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.

Answer 57

on-duty supervisor HPM 100.67 (Chapter 1 pg 6)

Question 58

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.

Answer 58

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)

Question 59

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?

Answer 59

True HPM 100.67 (Chapter 8 pg 3)

Question 60

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

Answer 60

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)

Question 61

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.

Answer 61

Are HPM 100.67 (Chapter 8 pg 4)

Question 62

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 ___________.

Answer 62

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.

Question 63

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.

Answer 63

only for official acts Felony Warrant

Question 64

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.

Answer 64

have no HPM 100.67 (Chapter 8 pg 5)

Question 65

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.

Answer 65

true HPM 100.67 (Chapter 8 pg 6)

Question 66

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.

Answer 66

True HPM 100.67 (Chapter 8 pg 6)

Question 67

What are state’s Fresh Pursuit Acts?

Answer 67

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)

Question 68

In general, what is a “fresh pursuit?”

Answer 68

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

Question 69

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

Answer 69

50 statute miles (100.67, 5-1)

Question 70

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

Answer 70

(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)

Question 71

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

Answer 71

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)

Question 72

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

Answer 72

asylum state (100.67, 5-2)

Question 73

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)?

Answer 73

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)

Question 74

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

Answer 74

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)

Question 75

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

Answer 75

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

Question 76

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

Answer 76

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)

Question 77

All national forests fall within what type of | federal jurisdiction.?

Answer 77

concurrent | 100.67, 6-4

Question 78

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

Answer 78

Yes | 100.67, 6-5

Question 79

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

Answer 79

no | 100.67, 6-5

Question 80

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?

Answer 80

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

Question 81

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?

Answer 81

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

Question 82

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:

Answer 82

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)

Question 83

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

Answer 83

10% (22.1, 2-4)

Question 84

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

Answer 84

100% (22.1, 2-7)

Question 85

What is the difference between an Audit and an Inspection?

Answer 85

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.

Question 86

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

Answer 86

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

Question 87

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

Answer 87

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)

Question 88

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

Answer 88

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)

Question 89

Are diplomatic agent's families afforded the same immunities?

Answer 89

YES (100.67, 8-4)

Question 90

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

Answer 90

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)

Question 91

Do family members of consular officers immunity?

Answer 91

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)

Question 92

May consular employees and service staff be arrested or detained?

Answer 92

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

Question 93

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?

Answer 93

Honorary consuls may be arrested and detained; | and Family members have no immunity (100.67, 8-4)

Question 94

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

Answer 94

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

Question 95

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

Answer 95

may not (100.67, 8-9)

Question 96

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.

Answer 96

within 48 hours (100.67, 8-9)

Question 97

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

Answer 97

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

Question 98

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?

Answer 98

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

Question 99

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

Answer 99

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

Question 100

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

Answer 100

two (22.1, 2-3)

Question 101

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

Answer 101

no, (22.1, 2-3)

Question 102

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.

Answer 102

turn over pursuits | (HPM 100.67, page 2)-chapter 5

Question 103

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

Answer 103

Should | (HPM 100.67, page 2)- chapter 5

Question 104

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”

Answer 104

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

Question 105

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

Answer 105

50 statute mile | (HPM 100.67, page 3) chapter 5

Question 106

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.

Answer 106

shall not | (HPM 100.67, page 7) chapter 5

Question 107

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:

Answer 107

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

Question 108

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?

Answer 108

48 hours | (HPM 100.67, page 9) chapter 9

Question 109

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

Answer 109

shall not | (HPM 22.1, page 3) chapter 2

Question 110

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

Answer 110

90 | (HPM 22.1, page 4) chapter

Question 111

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

Answer 111

commander’s emergency access | (HPM 22.1, page 7) chapter 2

Question 112

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

Answer 112

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