100.68 Traffic Enforcement Policy Manual Flashcards
What basic method does the Department use for traffic enforcement?
In-view patrol.
Officers should or shall not conduct traffic stops for the primary purpose of drug interdiction in the absence of probable cause or reasonable suspicion to believe the occupant is involved in illegal drug-related activity.
Shall not.
What is the primary purpose of the CHP?
Traffic safety.
What should normally be charged on a CHP 215?
A single, major, hazardous violation observed during the continuing movement immediately prior to the stop.
Violations identified in what VC sections should be charged on a CHP 281?
Section 40303.5 VC - reg, license, and mechanical.
What are the disqualifying conditions for a violation listed in 40303.5 VC to be issued on a CHP 215 instead of a CHP 281?
Fraud or persistent neglect, Immediate safety hazard, Violator does not agree, or cannot, promptly correct the violation.
Roadside mechanical inspections should be limited to vehicles how old?
Over 3 years
Is parking on freeway ramps for the purpose of observing motorists behavior allowed?
No; normally prohibited.
Officers are discouraged from parking in the center divider to observe traffic, except when shooting radar.
False. Can’t do it for shooting radar either.
What is an exception for parking in the center divider for enforcement?
HOV violations.
Officers should or shall not face the wrong way on a roadway to monitor traffic?
Shall not.
Section 851.5 PC requires that all arrested persons have the right to make how many phone calls?
At least 3, within 3 hours
Officers should or shall physically arrest all felony violators as prescribed by law?
Shall.
What are the conditions for a mandatory appearance under Section 40302 VC?
Failure to present satisfactory identification. Refuses to sign the CHP 215. Person demands to be taken before a magistrate. Arrested for 23152 VC.
Officers should or shall arrest for the conditions under 40302 VC?
Should. But officers shall coordinate the release with a supervisor.
Under departmental policy, an officer can elect not to arrest under 40302 VC under which circumstances?
The arrest would serve no useful purpose. (elderly, juveniles, pregnant, sick, etc.)
A violator who refuses to sign the 215 shall be afforded every opportunity to sign.
True.
If a violator refuses to sign the 215, the officer must do the following:
The officer: Shall direct the violator to the statement above the signature line of the 215. Should explain that signing is the same as a cash bail which is required if taken to jail. If an arrest looks necessary, notify a supervisor. Arrest the subject and take to a magistrate, or if after hours, to jail.
If at any time during transportation after a refusal to sign, the violator decides to sign, what shall the officer do?
Shall allow violator to sign.
During the booking process for a refusal to sign, if the violator decides to sign, what does the officer do?
Book. Violator is in the custody of the jail once booking has begun.
Once transporting a subject who refused to sign the 215, what should the officer do if the subject reconsiders and signs the 215?
Transport back to vehicle or original place of arrest. If unavailable, transport to a safe location convenient to communication and transportation. (Denny’s)
Officers should or shall cite and release violators for offenses in 40303 and 40304 VC.
Shall.
When should a physical arrest be made for violations listed in 40303 and 40304?
Under the following conditions: Violator will not be available for due process of law. Not arresting presents a danger. Violation of 2813 VC -refusal to submit to inspection. Violation of 21200.5 VC - riding under the influence.
Where is the place of appearance for a juvenile when filling out the 215? Required by what section?
In the county where the violation occurred.
What section provides that any person under 18 who violates the law is within the jurisdiction of the juvenile court?
602 WI.
What does the law provide that officers may do once in custody with a minor?
The following: Release the minor. Deliver the minor to a public or private agency that has an agreement to provide care and shelter. Prepare a 215 for appearance. Take the minor without delay before the county probation officer.
When taking a minor to a place of confinement or to a probation officer, the arresting officer shall take immediate steps to notify who?
Relative of the minor.
How many phone calls does a minor in custody have the right to make? Within what time frame?
2 phone calls; within 1 hour of the arrest except when physically impossible.
Phone calls made by a minor in custody must be made in the presence of an officer or employee.
True.
What is the difference between “jail” and a “lockup?”
Jail is a facility administered by a government agency to hold adult criminals sentenced for less than 1 year. Lockup is any locked room under the control of a peace officer for temporary confinement upon arrest.
The Welfare and Institutions Code provides that no officer shall detain a minor in a jail or lockup for adults.
True.
The following are exceptions for a minor to be in a police or sheriff’s lockup.
The following exceptions: Minor is 14 years or older. Minor violated a criminal law. Officer believes the minor presents serious risk of harm to self or others.
A minor meeting the exceptions criteria to be placed in a lockup is subject to what conditions?
Following 6 conditions: Not detained for more than 6 hours. For purpose of investigating case, providing for release to parent, or transfer to juvenile facility. Separated from adults. Told how long incarceration will be. Arresting agency must keep written record of need and length of detention. Adequately supervised.
If the minor is under 14 or not a security risk, he / she may be kept in lockup under certain conditions.
False. Must be unsecure. Cannot be locked in cell or room.
For a minor who is in temporary custody, how long does the officer have to make a final disposition?
Within 6 hours.
Can a minor arrested for DUI be brought into an adult jail for FSTs and chemical testing?
Yes. Following conditions must be met: Cannot be locked in a room or cell; continuous supervision; and can’t come into contact with in-custody adults.
What happens if a minor refuses to sign a 215 for a traffic infraction?
Same procedures as for adults. All in-custody requirements for juveniles apply.
Does a minor have to be given a choice of chemical tests per Implied Consent?
Yes.
For chemical tests given to minors, officers should use facilities without a jail facility whenever possible.
True.
In no event shall a minor be present in an adult facility or jail for more than how many hours?
2
When must an officer advise a minor of Miranda?
After custodial arrest and before interrogation. If no interrogation will be done, the officer must advise Miranda prior to release of the minor to a parent or detention facility.
Can an officer’s responsibility to make reasonable effort to notify the parent of an in-custody minor be given to the probation office if they agree to do it?
Yes.
An officer should or shall accept custody of a person arrested by a private person.
Shall. Officer shall ensure the arrest was made in accordance with law.
What is the procedure for a private person’s arrest for an offense not requiring mandatory appearance?
Take custody of the person; issue 215 with “private person’s arrest” in special box; cite and release the person; attach 202 or 216 and include arresting person’s info on the witness page.
If the arrest by a private person is for a felony or misdemeanor requiring mandatory appearance, what is the process.
Arrest and book as normal. Include arresting person’s info on witness page.
What should an officer do if a private person’s arrest is made for a violation normally handled by an allied agency?
Take custody of the person and call the allied agency to handle the arrest to conclusion.
For a private person’s arrest, the officer is required to determine the probable cause of the arrest.
False. There is no requirement for the officer to determine PC.
For a private person’s arrest, if the officer becomes aware that there was insufficient grounds for the arrest, what should the officer do?
Take custody of the person and then release pursuant to 849(b) PC; issue a CHP 103; document the incident on a memorandum to Area.
When a person arrested is released from custody without being charged, what must the officer issue that person?
CHP 103.
Should a CHP 103 normally be issued by a supervisor?
Yes, but an officer may issue it.
Supervisors should or shall have the CHP 103 in his or her possession?
Shall.
Does a CHP 103 have to be issued to a person no longer under physical control of the Department if that person is going to be released from custody without being charged with an offense.
Yes. Shall issue. Responsibility of commander.
A person is released from custody on OR or bail and prior to arraignment, the DA declines to prosecute. Does a CHP 103 have to be issued?
Yes. Shall issue. Responsibility of commander.
When a CHP 103 is issued, how many copies are completed? Where do they go?
2 copies. One to the Area office and one to the person released.
Can the CHP 103 be mailed to the person released?
Yes.
Physical arrest for unlicensed or suspended driver shall only be made under what circumstances?
Supervisor approval or in response to a warrant.
For violations of unlicensed or suspended driving, officers shall impound the vehicle.
False. Officers can admonish the driver not to drive or allow a licensed passenger to drive.
The graduated provisional license is given to persons of what age?
At least 16 and under 18.
At what age can a person obtain a drivers learner’s permit?
15 . Must be accompanies by a licensed driver 25 years or older.
A driver with a learner’s permit can also operate a motorcycle or motorized scooter.
False.
For how long is a driver on a provisional license subject to restrictions?
12 months.
What are the restrictions for a provisional licensee during the first 12 months?
Unless accompanied by the licensee’s parent or guardian who is licensed, a licensed driver 25 years of age or older, or a certified driving instructor, the provisional licensee shall not: Drive between the hours of 11 pm and 5 am. Transport passengers under the age of 21 at any time.
Are there any exceptions to the restrictions for a provisional licensee?
Yes. Granted when reasonable transportation is not available. Minor must carry a note from the appropriate person. Medical necessity. School or school activity. Employment necessity. Immediate need of family member. Emancipated minor.
What section shall be cited for a provisional licensee driving outside of the provisional restrictions?
12814.6 (b)(1) VC
Unless a violation poses a serious danger to the public, off-duty enforcement is discouraged.
True.
Officers involved in off-duty enforcement shall notify their command when they return to work.
False. Shall notify as soon as practical.
A one-on-one confrontation between an off-duty officer and a violator should or shall be avoided.
Should.
Officers should or shall document all off-duty enforcement action.
Shall.
Officers should or shall arrange for medical examination of prisoners upon request regardless of outward symptoms of injury or illness.
Shall.