100.68/100.69 Flashcards
The maximum effectiveness of each beat officer in collision prevention cannot be obtained until the officer fully accepts the concept of:
“beat accountability”
Each level of command (shall/should/may) evaluate each subordinate’s demonstrated willingness to accept personal obligations for the fulfillment of departmental duties
Shall
supervisory personnel are responsible for instilling in each enforcement officer a lasting -------- -------- and sense of ---------- ---------- to prevent traffic collisions on their assigned beat. This can be accomplished by: A) Identifying their: B) Establishing methods for: AND C) Personally providing:
personal interest/individual obligation
A) strengths and weaknesses;
B) increasing individual effectiveness;
C) high-quality leadership and expert direction.
It is the policy of the CHP that officers (shall not/should not) conduct traffic enforcement stops for the primary purpose of drug interdiction in the absence of probable cause or reasonable suspicion the person is involved is such activity
Shall not
Officers (shall/should/may) take appropriate enforcement action for all violations of the law witnessed
Should
All actions shall be accomplished in a businesslike, firm, impartial, courteous, and consistent manner using one of the five following procedures:
Physical Arrest Issuance of a CHP 215 Issuance of a Verbal Warning Issuance of a CHP 281 Issuance of a CHP 214
Where the law or departmental policy permits, but does not require a physical arrest, the decision to arrest must be based upon:
sound professional judgment.
Normally, equipment inspections will be limited to vehicles over (#) years old and should not be conducted on vehicles stopped on:
3 years
congested freeways.
Officers patrolling the highways observing motorist behavior or writing reports shall remain:
Officers shall not create an appearance of:
on their assigned beats and in public view at all times
concealment
Each use of off-street observation shall have prior approval of the appropriate:
who shall designate the:
Division chief
termination date
Officers shall maintain ———-, ——— patrol of their assigned beats
reasonable, continuous
Officers (shall/should/may) physically arrest all felony violators as prescribed by law
Shall
an arrested person has the right to make at least three completed telephone calls, immediately upon being booked or detained, and, except where physically impossible, no later than (#) hours after arrest.
3
An arrestee identified as a custodial parent with responsibility for a minor child, shall be entitled to make (#) additional calls for the purpose of arranging for the care of the minor child or children in the parent’s absence. These telephone calls shall be given:
2
immediately upon request, or as soon as practicable.
Officers (shall/should/may) physically arrest all violators meeting the conditions described in Section 40302
Should
T/F
Officers shall coordinate the violator’s release with a supervisor whenever one is available
True
A person taken into custody pursuant to Section 40302(b) CVC, shall be afforded every opportunity permitted by law to:
sign the CHP 215 and, thereby, secure release from custody
When a violator refuses to sign the CHP 215, the arresting officer:
(Shall/Should) direct the violator’s attention to the introductory statement: “Without admitting guilt, I promise to appear at the time and place designated below.”
Shall
When a violator refuses to sign the CHP 215, the arresting officer:
(Shall/Should) carefully explain that signing the citation has the same effect as cash bail,
Should
When a violator refuses to sign the CHP 215, the arresting officer:
If the violator still refuses to sign the citation and it appears a physical arrest will be necessary, (Shall/Should) notify an on-duty supervisor.
The supervisor (Shall/Should) determine the appropriate course of action and respond to the scene:
Shall
Shall
as necessary.
When a violator refuses to sign the CHP 215, the arresting officer:
As a final measure, the violator (Shall/Should) be taken without unnecessary delay before a magistrate, or if after court hours, to jail.
Shall
If at any time during the course of transportation to the court or jail, the violator who has refused to sign a CHP 215, reconsiders and requests to sign the citation, the violator (Shall/Should) be permitted to do so.
Shall
T/F
If during the booking process, the violator reconsiders and requests to sign the citation, the violator shall be permitted to do so, and subsequently released.
False, Once the booking process has begun, the violator is in the jailer’s custody and cannot be released by the arresting officer
Officers (shall/should/may) cite and release violators of specific misdemeanor offenses listed in Sections 40303 and 40304 CVC
Should
T/F
Physical arrest for offenses 40303/40304 should only be made when the officer has reasonable cause to believe that one of the following conditions exists:
(a) The violator will not be available for due process of law.
(b) The continued liberty of the violator presents a danger to themselves or others.
(c) The violator is suspected of violating Section 2813 CVC, relating to the refusal to submit to an inspection of size, weight, and/or equipment.
(d) The violator is suspected of Riding a Bicycle Under the Influence of Alcohol or Drugs, or Operation of a Motorized Scooter Under the Influence
True
W&I allows for an Officer who takes a minor into custody may utilize one the following 4 options:
(a) Release the minor.
(b) Deliver or refer the minor to a public or private agency with which the city or county has an agreement or plan to provide shelter, care, counseling, or diversion services.
(c) Prepare a CHP 215 for appearance before the probation officer of the county in which the minor was taken into custody.
(d) Take the minor without unnecessary delay (24 hours or less) before the probation officer of the county in which they were taken into custody.
The peace officer shall prepare:
And the officer shall provide:
a concise written statement of the probable cause and reasons for taking the minor into temporary custody.
the statement to the probation officer at the time the minor is delivered.
an officer taking a minor before a probation officer or to a place of confinement (shall/should) take immediate steps to notify a relative.
Shall
The minor has the right to make (#) telephone calls, to:
2
one of which may be to their parent or guardian, responsible relative, or their employer;
the other may be to an attorney
The calls, except where physically impossible, are to be allowed no later than:
one hour after the minor is taken into custody
an exception permits the temporary, secure detention of a minor in a police or sheriff’s lockup, not a jail, if the minor meets all the following criteria:
(a) The minor is 14 years of age or older.
(b) taken into temporary custody on the basis of having violated a criminal law
(c) reasonable belief that the minor presents a “serious security risk of harm to self or others.”
(d) Separate from adults.
(e) must be for the purpose of continuing the investigation or facilitating release of minor, or arraigning transfer to Juvenile facility
A minor under 14 may be detained at a law enforcement facility under the following guidelines:
In custody for a violation of law, Is not a risk, In a non-secure location, Adequately supervised, Final disposition with in 6 hours
When an interrogation will not be conducted, the officer shall advise the minor of their constitutional rights just prior to the release of the juvenile to a jail facility or a parent to comply with Section 625 WIC. These rights include (3):
Anything they say can be used against them.
Their right to remain silent.
Their right to have counsel present during any interrogation and to have counsel appointed if they are unable to afford counsel.
Uniformed employees of this Department (shall/should), subject to the discretionary power vested in them by law, accept custody of persons arrested by private persons.
Shall
T/F
If mandatory appearance is not required, the arrested party should then be cited and released after signing the CHP 215.
True
T/F
There is no requirement for the officer accepting custody of a person arrested by a private citizen to determine probable cause for the arrest
True
T/F
However, if the facts of the arrest become known to the officer and the officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested, the arrested party should be released from custody pursuant to Section 849(b)(1) PC.
True
How must a release from custody following a citizens arrest be documented?
Document the circumstances surrounding the incident and the reason for the release on a memorandum to the Area.
T/F
A CHP 103 (shall/should) normally be issued by a supervisor. If a supervisor is not available, the arresting officer may issue the certificate.
True, shall
While on duty, supervisors shall be responsible for having copies of the:
CHP 103 in their possession.
A person is still in custody after being arrested and booked. Prior to arraignment, the district attorney declines prosecution or the Department uncovers evidence which bars prosecution. What action shall be taken?
The Area commander shall ensure that a CHP 103 is issued
A person is released on their own recognizance or on bail after being arrested and booked. Prior to arraignment, the district attorney declines prosecution or the Department uncovers evidence which bars prosecution. What next?
2 The Area commander shall ensure that a CHP 103 is issued. This may be accomplished by mailing the completed release form to the arrested person
When circumstances require issuance of a CHP 103, it shall be:
completed in duplicate.
T/F
Officers who arrest a driver for a violation of Section 12500 CVC, Sections 14601 through 14601.5 CVC, or Section 14603 CVC, Violating the are not responsible for preventing that driver from repeating the same offense in their presence.
False. They ARE responsible
Physical arrests for these violations (shall/should) only be made with the concurrence of a supervisor or in response to a warrant
Shall, except 14603 shall not be taken into custody solely to prevent reoccurrence
T/F
Officers may detain or arrest a person solely on the belief that the person is an unlicensed driver
False, shall not
For a driver is in violation of Sections 12500, 14601 through 14601.5, or 14603 CVC, officers (shall/should) Take appropriate enforcement action. In most cases, this will mean:
Officers also shall take:
Shall
issuing a CHP 215.
reasonable steps to prevent recurrence of the offense.
During the FIRST 12 MONTHS after issuance of the provisional driver license, the driver must be accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver 25 years of age or older, or a licensed or certified driving instructor when:
1 Driving between the hours of 11:00 p.m. and 5:00 a.m.
2 When transporting passengers under 20 years of age at any hour.
The following (5) exceptions are granted when reasonable transportation is not available and it is necessary for the minor to drive. The minor must carry a note signed by the appropriate person (e.g., physician, school authority, employer, parent, or legal guardian) and the note must explain why the minor must drive and include the date when the necessity will end.
Medical necessity.
School or school-authorized activity.
Employment necessity.
Immediate need of family member.
Emancipated minor (no note needed)
When enforcing provisions of the graduated driver license, and issuing a CHP 215 officers (shall/should) cite violators for Section 12814.6(b)(1) CVC, and take:
Shall
reasonable steps to prevent recurrence of the offense.
Off-duty enforcement actions are discouraged and (shall not/should not) be conducted unless the violation is serious in nature or poses a danger to the public.
Should not
Officers (shall/should) document all off-duty incidents as required by law and departmental policy, which may range from a —- to an —— ——.
shall
Memo to an arrest report
T/F
Officers shall only arrange for a medical examination whenever a prisoner clearly appears to be in need of the medical attention, which will likely include the showing of outward symptoms of illness or injury.
False, Officers shall arrange for a medical examination whenever a prisoner appears to be in need of or requests medical attention, regardless of outward symptoms of illness or injury.
At (#) miles per hour (MPH) or more above the prima facie speed limit, the officer (shall/should/may) stop and (shall/should/may) cite.
(b) From (#) to (#) MPH above the prima facie speed limit, the officer (shall/should/may) stop and (shall/should/may) take appropriate enforcement action.
(c) From (#) to (#) MPH above the prima facie speed, the officer (shall/should/may) stop and (shall/should/may) take appropriate enforcement action.
10 mph, Shall/should
5-9 mph, Should/should
1-4, May/may
At (#) MPH or more above the absolute speed limit for the vehicles(s) or roadway, the officer (shall/should/may) stop and (shall/should/may) issue a CHP 215.
2 From (#) to (#) MPH above the absolute speed limit for the vehicle(s) or roadway, the officer (shall/should/may) stop and (shall/should/may) take appropriate enforcement action.
5 mph, Shall/should
1-4 mph, May/may
A citation issued to the operator of a tank vehicle transporting more than (#) gallons of flammable liquid for a violation of any speed law or reckless driving is subject to an enhanced penalty.
500 gallons
Slow-moving vehicle enforcement action against drivers in other than the _____-_____ lane shall be guided by the following:
(1) At (#) MPH or more below the normal speed of traffic, the officer (shall/should/may) stop and (shall/should/may) cite.
(2) (#) to (#) MPH below, the officer (shall/should/may) stop & take appropriate enforcement action.
(3) (#) to (#) MPH below the normal speed of traffic, the officer (shall/should/may) stop and take appropriate enforcement action.
right-hand
10 mph, shall/should
5-9 mph should
1-4 mph may
T/F
Officers who have received Level 1 Commercial Training may wear the approved utility uniform while operating Primary collision factor vehicles
True
T/F
Personnel operating PCFVs shall assist motorists with disabled vehicles in accordance with policy in this chapter, respond to traffic collisions and crimes as necessary, and provide other necessary assistance to the public. Area commanders shall determine the degree of beat accountability assigned to PCFV personnel.
True
True
Personnel operating PCFVs shall enter Special Project Code (SPC) (#) in the Special box on all CHP 215s, except when:
66
preparing statistical citations documenting an allied agency turnover
Area PCFV operations requires __________ ________
Approval
Division chief
The use of unmarked vehicles for the apprehension of violators of Section 23109 CVC (speed contest) must be approved by:
the Office of the Commissioner
Occasionally, tow trucks en route to or from a legitimate call may stop to aid a stranded motorist. Single instances should be permitted under these circumstances. However, appropriate enforcement action should be taken if either of the following occur:
Repeated instances of tow services soliciting business by cruising roadways.
Confirmed instances of overcharging or unlawful practices by tow truck operators who are on California Highway Patrol (CHP) rotation lists.
T/F
an emergency incident zone as an area on a freeway that is within 500 feet of, and in the direction of travel of, a stationary authorized emergency vehicle that has its emergency lights activated.
True
Officers (shall not/should not/may) park on the shoulder for the sole purpose of enforcing section 21809 CVC.
Shall not
T/F
situations where drivers transporting ill or injured persons are observed and stopped, the medical and transportation needs of the patient supersede enforcement of the law.
True, but no statutory immunity
T/F
Officers on patrol often encounter frantic expectant fathers rushing the pregnant mother to a hospital. This situation can best be handled by placing the patient in the patrol car and taking her to the nearest emergency hospital.
True
Patrol vehicles should only be used in lieu of an ambulance in emergencies wherein:
And:
time is of the utmost importance
where the patient does not object to such transportation
Note: As a general rule, when at all practicable, an ambulance should be called instead of using the patrol car.
To ensure motorist safety, escorts (shall not/should not/may) be provided to drivers of private vehicles for medical emergencies.
Should not
Officers observing vehicles traveling in the HOV lanes not meeting occupancy requirements and not granted an exception as specified in paragraph 7.d, (shall/should/may) cite Section 21655.5 CVC.
Shall
T/F
Officers observing clean air vehicles traveling in the HOV lanes, but not properly displaying the appropriate decals shall cite Section 21655.9 CVC as applicable.
True
T/F
(2) Officers shall cite for hard shell beanie-type helmets.
(3) Officers shall not seize any helmet, or purported helmet, as evidence.
(4) Supervisor approval should be obtained before citing a motorcyclist for wearing any type of head covering an officer determines is not a motorcycle helmet.
False, shall not
True
False, shall be obtained
Note: it is clearly discouraged to enforce helmet conformity laws on the spot. Follow up invest/Complaint the way to go
Officers shall focus on what two types of motorcycle helmet enforcement?
No helmet at all,
Head wear that is obviously not a helmet
T/F
Motorcyclists wearing a head covering which is obviously not a motorcycle helmet, such as a styrofoam bicycle helmet, football helmet, ball cap, scarf, stocking cap, leather aviator cap, or any variation of a fabric cap, et al, shall be cited as non correctable.
False, This violation shall be correctable
No helmet at all shall be cited non correctable
Officers (shall/should) not arbitrarily stop operators of bicycles, nonmotorized scooters, skateboards, in-line or roller skates to determine compliance with this law. However, officers observing obvious violations of this law (shall/should) take appropriate enforcement action. Particular attention should be directed toward proper fastening and helmet fit.
Shall not
Should
Officers should use their best judgment when handling violations committed by children under (#) years of age. These violations (shall/should/may) be recorded following the parental notification program.
14 years
May
Officers (shall/should/may) take appropriate enforcement action for violations of appropriate CVC sections governing the operation of motorized scooters.
Shall,
Enforcement actions involving a motorized scooter shall be coded as miscellaneous vehicle type (#) on the CHP 215 and CHP 555
94
T/F
Every person operating a motorized scooter upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by Division 11, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs.
True
T/F
Section 21720 prohibiting pocket bikes from being operated on a sidewalk, roadway or any other part of a highway, but permits operation on a bikeway, bicycle path or trail, equestrian trail, hiking or recreational trail, and on public lands open to off-highway motor vehicle use.
False. Shall not be operated on any of them
T/F
Section 21721 CVC authorizes a peace officer to cause the removal and seizure of a pocket bike, upon a violation of Section 21720 CVC.
True; however, they still do not meet the classification of a motor vehicle for highway use (cannot be registered and do not have a 17-digit VIN, etc.). As such, they may only be seized as property, if a tow truck was utilized, the tow operator could not attach a lien and there is no impound authority for a nonhighway use motor vehicle.
T/F
Segway vehicles are not excluded from the definition of a motorized scooter
False. Are excluded and are considered a pedestrian
T/F
Segway vehicle have a basic speed law…
True, exact same language, and also shall yield to pedestrians
Enforcement actions involving an EPAMD shall be coded as miscellaneous vehicle type (#) (Pedestrian) on the CHP 215 and CHP 555
60
Enforcement actions involving Low Speed Vehicles shall be coded as miscellaneous vehicle type (#) on the CHP 215 and CHP 555.
97
T/F
Existing golf carts and other vehicles which have not been specifically certified by their manufacturer as complying with FMVSS Standard No. 500 may still be registered or operated as LSVs
False. May not be
T/F
A low speed vehicle is required to have a 17-digit vehicle identification number assigned by the manufacturer.
True
T/F
Pursuant to Section 21251 CVC, the driver of an LSV is required to obey the same rules of the road and driving regulations as those that apply to the driver of any other motor vehicle, including possession of a valid driver license, current vehicle registration, and proof of financial responsibility.
True
Prohibits LSVs from being operated on any roadway with a speed limit in excess of (#) MPH
35 mph
T/F
LSVs are permitted to cross at uncontrolled intersections with state highways unless prohibited by the approving agency.
False, LSVs are prohibited from crossing at uncontrolled intersections with state highways unless authorized by the approving agency.
T/F
The California Highway Patrol is not responsible for off-highway enforcement of Division 16.5 CVC, except on highways designated as combined use highways pursuant to General Order 40.5. However, this does not preclude enforcement when violations are observed from a highway or incidental to the performance of regular assigned duties.
True
True
Off highway violators (should not/may) be pursued into areas not intended for vehicular use
Should not
T/F
Citizens’ complaints against motor vehicles operating off highway shall accepted by any member of the department receiving such complaint.
False,
Citizens’ complaints against motor vehicles operating off highway should be referred to the appropriate police or sheriff’s department for investigation.
Appropriate enforcement action (shall/should/may) be taken whenever any off-highway motor vehicle is operated, transported, or towed upon a highway in violation of any applicable provision of the CVC
Should
officers (shall/should/may) take the appropriate enforcement action in regards to violations involving Segway, and Low Speed Vehicles.
Shall
It is the Department’s intent to enhance motorist safety by encouraging greater use of occupant restraints through:
aggressive enforcement
Officers (shall/should/may) take appropriate enforcement action for all observed passenger restraint violations
Shall
T/F
Regardless of the existence of any other violation of law, officers reasonably suspecting a violation of a passenger restraint requirement may stop a vehicle to determine whether or not a violation of Section 27315 CVC exists.
True
passenger vehicles manufactured after (date), and motortrucks and house cars manufactured after (date), are required to have safety belts installed at all designated seating positions
January 1, 1968
January 1, 1972
Any driver not properly using a safety belt (shall/should/may) be cited for a violation of Section 27315(d)(1) CVC.
Any passenger 16 years of age or older who is not properly using a safety belt (shall/should/may) be cited for a violation of Section 27315(e) CVC
Should
Should
T/F
Where a citation has already been issued to the registered owner of a vehicle for 27315(f)Vic for removal of the safety belts, drivers and passengers 16 years of age or older shall not issued a citation for a violation of Sections 27315(d)(1) or 27315(e) CVC, respectively (not using a safety belt)
False, they may be
A complaint may be filed for an occupant restraint violation after a traffic collision investigation if the officer deems such action is appropriate. However, nonuse of the vehicle’s safety belt must be:
clearly evident
a child or ward who is under the age of eight and is (height) in height or taller may be restrained by a safety belt rather than by a child passenger restraint system.
4 feet 9 inches
officers (shall/should/may) take appropriate enforcement action for all observed violations of Sections 27360 or 27360.5 CVC in accordance with the procedures contained in this chapter.
Shall
T/F
If, in the officer’s opinion, a restraint system appears to be adequate, it should be accepted as an approved device.
True
Any parent or legal guardian when present, or driver if the parent is not present, (shall/should/may) be issued a CHP 215 for a violation of Section 27360(a)/(b) or 27360.5(a)/(b)CVC, respectively.
Should
There are instances when issuance of a chp 215 would serve no useful purpose, and therefore:
A verbal warning may be prudent
Officers (shall/should/may) take appropriate enforcement action against drivers and/or passengers when an unrestrained passenger is being transported in the cargo area of a pickup or flatbed motortruck on a highway.
Shall
Officers (shall/should/may) take appropriate enforcement action for any observed violations of Farm Labor Vehicle occupant restraint laws
Shall
Officers (shall/should/may) take appropriate enforcement action, in accordance with the procedures outlined in this manual, against any driver failing to comply with Financial responsibility laws
Shall
T/F
When detaining a violator for violation of division 11, chapter 9, stopping/standing/parking violations, Officers may not ask for proof of insurance.
True
T/F
The CVC states the officer may cite Section 16028(a) CVC; however, it is the policy of the Department that officers shall cite that violation.
True
Violations of Section 16030(a) CVC, providing false evidence of FR, shall only be cited:
through the complaint process.
An owner’s responsibility notice to appear for Section 16028(a) or 16028(c) CVC can be issued only when:
an employer/employee relationship exists.
T/F
Pursuant to Section 16028(d)(1) CVC, the notice to appear issued to the registered owner or lessee may be signed by the driver
True
When issuing a citation for factor causing violation as a result of a TC investigation, in the “Violation” section of the CHP 215, after the description of the violation, officers are to write:
“Issued per Section 40600 CVC”
A CHP 215 issued pursuant to Section 40600 CVC is not considered an arrest. Consequently:
no authority exists to take a violator, who refuses to sign the CHP 215 issued pursuant to a traffic collision investigation, forthwith before a magistrate
Officers (shall/should) not actively seek out nontraffic enforcement situations or respond to such incidents when CHP assistance is not needed or requested.
Should not
Officers observing violations of the blocking of public grade crossings by railroad operations (shall/should/may) document the circumstances on a memorandum to the Area commander
Should, and shall not cite
T/F
While it is not the Department’s responsibility to routinely patrol off-street parking facilities, officers should be alert for violations of Sections 22507.8(a) and 22507.8(b) CVC in the course of their regularly assigned duties
True
Officers (shall/should) not routinely stop to check off-street parking facilities
Should not
Officers (shall/should/may) issue a CHP (#) for a violation of Section 22507.8(a)/(b)CVC to persons/vehicles using, or blocking access to, a disabled parking space when there is not a permit displayed and the space is clearly marked.
Should/267
Officers (shall/should/may) issue a CHP (#) for a violation of Section 4461(c)(d)CVC to a person who parks in a designated disabled parking space using a placard, or specially marked license plate, that was not issued to them unless they are transporting the disabled person.
Should/215
T/F
A person shall be deemed to be writing, reading, and/or sending a text-based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device, even for the purpose of making or receiving a hands-free telephone call.
False, shall not be deemed
T/F
Law enforcement officers are prohibited from making an enforcement stop for the sole purpose of determining if the driver is under the age of 18 and therefore violating section 23124, persons under the age of 18 using a wireless telephone or electronic wireless communications device
True
Upon determining the driver is in violation of Section 23123, 23123.5, or 23124 CVC, officers (shall/should/may) issue a CHP 215.
May
Officers (shall/should/may) cite and release violators of misdemeanor offenses unless one of the reasons listed in 853.6pc (too intoxicated, would not appear, no ID, demands to be taken before a magistrate, etc….) would warrant booking.
Should
Officers (shall/should/may) physically arrest violators, as required by law, in response to a warrant.
Shall
Officers shall not arrest any person for outstanding warrants when:
that person can produce evidence in the form of a receipt showing that the fine for the violation on which the warrant is based has been paid
Warrants (shall/should/may) be requested by officers of this Department only when they can be served more expeditiously by the Department than by the local agency in possession of the warrant.
Shall
Officers shall not conduct a field check for outstanding warrants unless:
and/or
there is reasonable suspicion that a warrant may exist
the check can be accomplished without resulting in an unreasonable delay.
T/F
misdemeanor warrants involving violence, a firearm, resisting arrest, or giving false information to a peace officer shall not be cited and released.
True
T/F
When an officer arrests a person for a warrant issued from another county than that they are presently in, the person may be immediately taken back to the county from which the warrant was original issued.
False, per 821/822 pc, the Officer shall, without delay, notify the person they have a right to be taken before a magistrate in the county they were arrested.
After advising the person arrested on a warrant issued from another county of their rights under 821/822 of, The serving officer shall enter the following information on the warrant:
Their name and badge number.
Date and time of service.
An advisement to the arrestee of their right to be taken before a magistrate in the county of arrest at the time of service had been made
When the arrestee requests to be taken before a magistrate in the county of arrest, the serving officer (shall/should/may) comply with the request
Shall
Abstracts of warrants containing the phrase for bail purposes only (shall/shall not/should/should not) be handled in the same manner as abstracts without this phrase.
Shall
When the private persons arrest is for a public offense not requiring a mandatory appearance, the arrested party should be:
and then:
satisfactorily identified
be cited and released after having signed the CHP 215.
If the private persons arrest violation is the normal responsibility of another law enforcement agency, that agency (shall/should/may) be requested to handle the arrest to conclusion.
Should
T/F
There is moral obligation as well as a legal requirement for the officer accepting custody of a person arrested by a private person to determine probable cause for the arrest
False, no responsibility to determine such (Kinney vs. County of Contra Costa, 8 C.A. 3d 761)
T/F
If the facts of the private persons arrest become known to the officer and they are satisfied that there are insufficient grounds for making a criminal complaint against the person arrested, the arrested party should be released from custody pursuant to Section 849(b)(1) PC.
True
T/F
Generally speaking in regards to medical marijuana, when an ID card is issued by Dept of health, or local or foreign jurisdiction, or a physicians recommendation is possessed, and they are believed to be valid, then based on the totality of the circumstances present, if the officer reasonably believes the medical claim is valid, the individual is to be released and the marijuana is not to be seized.
True
When a member of this Department handles a hate crime investigation to conclusion, the victim shall be provided with both a:
And a:
CHP 876, Rights of Hate Crime Victims
CHP 174, Right to Privacy Acknowledgement
Since the use of derogatory language helps to categorize the crime as a hate crime, officers shall:
1 Record verbatim such language used either before or during the incident, and
2 Record the victim’s feelings about why the crime occurred.
T/F
When a member of this Department hate crime (not on state property within a designated service area), the appropriate local law enforcement agency should be notified to handle the incident to conclusion. If the local law enforcement agency cannot or does not respond, the victim shall be taken to the agency for a report.
False, if the agency does not respond, this Department will handle the investigation to conclusion.
T/F
Words alone, when they fall within the specifications of the law and constitute a threat that causes the victim to reasonably fear for their own safety, are a crime.
True
If confidentiality is not invoked, the CHP 174 shall become:
If confidentiality is invoked, the CHP 174 shall become:
And the victims name in the report shall be listed as:
an attachment to the CHP 202 or CHP 216.
the face page to the report
John or Jane Doe
T/F
Individuals shall not be arrested solely for behavioral manifestations of mental illness that are not criminal in nature.
True
Officers and qualified medical personnel (shall/should/may), upon probable cause, detain any person who as a result of a mental disorder is gravely disabled or poses a danger to themselves or others
May
Officers are required to advise the person being detained on a 72 hour hold, that:
and to supply a written record of this advisement to:
this is not an arrest but a detention
the treatment facility staff
Officers are required to document the circumstances and outline the __________ _________ used to detain the person.
This shall be done by:
probable cause
Completing a Department of State Hospitals (DSH) form MH 302, Application for 72-hour Detention for Evaluation and Treatment, and a CHP 216
What form must be filled out when a person is a victim of any particular crime where a victim of such a crime has a right to confidentiality in a criminal report?
If invoked it becomes:
If not it is:
CHP 174
The face page
Attached to the chp216
T/F
Members of this Department shall assist the FAA and Caltran’s Division of Aeronautics by taking appropriate action for all observed violations of the Aeronautics Act.
True
All encounters with persons suspected of suffering from mental illness (shall/should/may) be reported to a supervisor and documented appropriately.
Should
During encounters with persons suspected of suffering from mental illness, personnel (shall/should/may) take the appropriate action based on the totality of the circumstances, including a reasonable belief of the potential for violence
Shall
T/F
For a violation of Section 21407.1 PUC (operation of any aircraft while under the influence), arrest, book, and obtain a chemical test. Submission to a blood alcohol test is required by Section 21407.2 PUC upon the request of a peace officer.
True
When a person is in immediate and present danger of domestic violence by a family or household member, the officer (shall/should/may) assist the person in securing an Emergency Protective Order (EPO) when no other valid court protective order exists
Shall
T/F
A DV victim’s statement of abuse or threat of abuse is sufficient justification to seek an EPO.
True
T/F
State laws require that restraining orders be enforced by all law enforcement officers
True
Officers may issue EPOs and (shall/should/may) carry those orders while on duty.
Shall
T/F
The victim of DV shall be made aware of their right to make a citizen’s (private person’s) arrest.
True
A CHP 182 is:
The Domestic Violence Resource Information pamphlet, Written Notice to Victim About Follow-up Rights
A CHP 173 is:
Domestic Violence Referral. This card is printed in both English and Spanish (back-to-back) and is used to convey statutorily required information to the victim of a sexual or domestic violence crime
Victims of Domestic Violence” cards from the local law enforcement agencies within their jurisdictions. These cards (shall/should/may) be carried by all officers in the field
Shall
Officers shall treat all domestic violence as ——– ——- and will respond accordingly.
Criminal conduct
T/F
The existence of the elements of a crime and/or the willingness of the victim to make a private person’s arrest shall be the sole factors that determine the proper method of handling a DV incident
True
The dominant aggressor is the person determined to be the —- ———–, not necessarily the first, aggressor.
Most significant
T/F
In identifying the dominant aggressor, officers shall consider the intent of the law to protect victims of domestic violence from continuing abuse, the threats creating fear of physical injury, the history of domestic violence between the persons involved, and whether either person acted in self-defense.
True
T/F
Any time a peace officer is called out on a domestic call, it shall be mandatory that the officer make a good faith effort to inform the victim of their right to make a citizen’s arrest
True
The investigating officer in a domestic violence incident, shall notify the victim in a DV of the following three things
Despite EPO, arrestee can be released at any time
Right to make citizens arrest
Existence of women’s shelter
An officer shall request an EPO if the officer believes that the person requesting an EPO is:
in immediate and present danger
a victim of domestic violence or abuse has the right to have a domestic violence counselor/advocate and a support person of the victim’s choosing present at any interview by law enforcement authorities unless:
The officer determines it would be detrimental to the interview
A firearm confiscated from the primary aggressor in a DV shall:
A) Be held for no less than 48 hours
B) Be made available no more than 48 hours after the arrest or no later than 5 business days after the clearance letter from DOJ
C) not be confiscated
D) both A and B
A and B
Officers (shall/should/may) ask the DV victim if they wish medical treatment, even if injuries are not visible
shall
If a victim intends to leave the premises, the officer (shall/should/may) attempt to obtain the telephone number and address where they can be reached.
Shall
T/F
A CHP 729, Uniform Crime Report, shall also be completed for any DV report
True
These orders shall be entered into the Department of Justice (DOJ) Domestic Violence Restraining Order System (DVROS) after issuance, within (#) (calendar/working/business) day
one business day
T/F
Out of state orders shall be enforced in the same manner as those that have been issued in California. Individuals must register the out-of-state order with a court clerk in California. If there is no evidence that the order has been registered, officers should attempt to obtain an EPO.
True
T/F
The arresting officer need not obtain confirmation that a copy of the order has been registered after an arrest for violation of a protective order.
False. The officer must, obtain confirmation that a copy of the order has been registered as soon as possible after the arrest (unless the victim provides a copy of the order)
T/F
Any time a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, that person shall be taken before a magistrate instead of being released, unless the arresting officer determines that the offense is not likely to continue or resume and that no persons or property would be endangered if the individual were to be released.
True
T/F
Cite and release does not apply to crimes including Sections 243(e)(1), 273.5, 273.6 (if the detained person made threats to kill or harm, engaged in violence against, or has gone to the residence or workplace of, the protected party), and 646.9 PC.
True
T/F
If the officer is unable to verify its existence and proof of service of a protective order, the officer shall still execute an arrest of the suspect for violation of the order, as the complainant does not have the right to make a private person’s arrest of the suspect for violation of the order.
False, the officer is unable to verify its existence and proof of service, the officer cannot execute an arrest of the suspect for violation of the order. The complainant shall be told that they have the right to make a private person’s arrest of the suspect for violation of the order
Departmental personnel (shall/should) complete the DOJ form SS 8572, Suspected Child Abuse Report, each time child abuse or neglect is suspected regardless of whether or not the case is turned over to the LCDA
Shall
The DOJ suspected child abuse report shall be submitted to the LCDA within (#) hours of receiving information regarding an incident of suspected child abuse or neglect.
36 hours
Section 305 WIC allows a peace officer to take temporary custody of a minor without warrant if the minor:
requires care,
is in immediate danger of harm or injury,
or is left unattended
and the parent(s) is/are not available or cannot care for the minor.
Officers shall/should treat all child abuse as criminal conduct and will respond accordingly,
Shall
T/F
If the CHP’s response is limited to “standing by” until the LCDA arrives and assumes responsibility for the minor, then a DOJ SS 8572 should not be prepared.
False, the CHP’s response is limited to “standing by” until the LCDA arrives and assumes responsibility, at a minimum, a DOJ SS 8572 must still be prepared and submitted within 36 hours
If a child is found unattended, the officer (shall/should/may choose to) first determine if medical treatment is necessary.
Shall
Departmental personnel (shall/should/may) access the 144 Hospitalized/In-Custody System for possible information on persons reported as missing, overdue, or as a runaway. If results are negative, an “attempt to locate” (ATL) (shall/should/may) be promptly broadcast to the appropriate California Highway Patrol (CHP) field personnel
Shall
Shall
Upon locating/finding a missing person (child or adult), officers (shall/should) immediately notify the ——– ——-‘- office via MUPS.
Shall, Attorney General’s
T/F
If the 144 system yields negative information, the CHP communications center shall broadcast an ATL to the appropriate field units. (b) The reporting party shall be advised that an ATL does not constitute the filing of a missing person report and will not result in an investigation
True
Officers (shall/should) complete a DOJ Missing Person Report (CJIS 8568), documenting all relevant information and obtain a:
Shall, CHP case number
Officers (shall/should) advise the reporting party the CHP investigation is preliminary only and the report will be:
Shall, forwarded to the appropriate law enforcement agency for formal investigation
Notification to DOJ, for inclusion in the Violent Crime Information Center and the National Crime Information Center databases, I required within (#) hours of
2 hours
accepting a report of a missing person under age 21 or at a risk.
Within (#) hours of taking a preliminary missing persons report, a copy of the Missing Person Report shall be:
24 hours
forwarded to the appropriate law enforcement agencies
Within (#) hours of the MUPS entry, the CHP Area office shall ascertain:
2 hours
whether the local law enforcement agency has established their own MUPS record
Officers locating a missing person (shall/should) immediately report that information to the Attorney General’s Office (via MUPS)
Shall
Officers (shall/should/may) advise the reporting party that the missing/overdue person has been located and is unharmed. However, unless the missing person is physically or mentally incapacitated, officers (shall/should) not provide details (where and with whom they were found, etc.) without prior authorization from the reported missing person.
May
Should
Officers may take protective custody of a child under the following circumstances, Section 279.6(a) PC:
1) reasonably appears a person is likely to conceal the child, flee the jurisdiction with the child, or by flight or concealment, evade the authority of the court.
2) There is no lawful custodian available to take custody of the child.
3) There are conflicting custody orders or conflicting claims of custody and the parties cannot agree which party should take custody 4)The child is an abducted child
When the located/found person is under age 16 or at risk, a copy of the report shall be provided to the Attorney General’s office within (#) hours.
24 hours
Departmental personnel releasing sex offender information to the public (shall/should/may) complete a CHP 216, Arrest - Investigation Report, regarding the incident. The report shall be kept on file for:
Shall, 5 years
Officers (shall/should) obtain supervisory approval prior to releasing any information to the public.
Should
When releasing information, departmental personnel must state that the purpose of the release of information is:
to allow members of the public to protect themselves and their children from sex offenders.
Departmental employees (shall/should) not initiate EAS broadcasts or request an EAS broadcast through the NWS, without the approval of ENTAC.
Shall not
T/F
However, any assistance provided in a child abduction related incident shall be coordinated through ENTAC
True
T/F
Changeable Message may be activated for any abduction incident and should be done so directly from the field.
False, Changeable Message Signs will only be activated for an incident that meets AMBER Alert criteria and only with the express approval of ENTAC. ENTAC will coordinate CMS
Any on-duty employee who receives an initial report of an actual or possible child abduction incident from a victim or witness (shall/should) immediately report it to their supervisor
Shall
Upon receipt of child abduction related information, whether or not they believe criteria exists to warrant departmental assistance, supervisors (shall/should) notify the appropriate CHP communications center and request ENTAC be notified. If the abduction occurred in another CHP Area, the on-duty supervisor for the CHP Area in which the abduction occurred (shall/should) also be notified.
Shall
Shall
T/F
Under no circumstances will a communications center initiate an AMBER Alert or activate CMS without the express approval of ENTAC.
True
T/F
When departmental assistance is requested, communications centers shall direct the investigating agency to ENTAC by either transferring the telephone call or providing the investigating agency with the ENTAC telephone number.
True
Emergency Alert System broadcasts (shall/should) not be initiated without the approval of ENTAC.
Shall not
Under no circumstances will a Blue Alert be initiated by the Department for an incident that does not meet both of the conditions listed below:
A law enforcement officer has been killed, suffers serious bodily injury, or is assaulted with a deadly weapon,
and the suspect has fled the scene of the offense.
T/F
The EAS CANNOT be used for Blue Alerts.
True
T/F
Emergency Digital Information Service messages will usually originate from ENTAC. However, local California Highway Patrol communications centers may be directed by ENTAC to send EDIS messages via CLETS if necessary.
True
Pursuant to Section 12028.5 PC, peace officers who are at the scene of a family violence incident involving a threat to human life or a physical assault shall take temporary custody of any firearm or other deadly weapon in ______ ______ or discovered pursuant to a ___________ _______, as necessary for the:
plain sight
consensual search
protection of the peace officer or other persons present.
