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.