100.69, 70.1 Flashcards
(a) Section 851.5 of the California Penal Code (PC) requires that an arrested person has the right to make at least _____ completed telephone calls, as described, immediately upon being booked or detained, and except where physically impossible, no later than ____ hours after arrest. These telephone calls and other forms of communication ____ normally be allowed during transport.
three,
three,
should not
(b) Pursuant to Section 851.5(c) PC, as soon as practicable upon being arrested but, except where physically impossible, no later than _____ hours after arrest, the arresting or booking officer shall inquire as to whether the arrestee is a custodial parent with responsibility for a minor child. If the arrestee is a custodial parent for a minor child, the arrestee 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 immediately upon request, or as soon as practicable.
three, two
(4) Officers _____ cite and release violators of misdemeanor offenses unless one of the following is a reason for nonrelease:
J I M M I E W N R
should,
(a) The person was so intoxicated* that they could have been a danger to themselves or to others.
(b) The person required medical* examination or medical care or was otherwise unable to care for their own safety.
(c) There were one or more outstanding arrest warrants* for the person.
(d) The person could not provide satisfactory evidence of personal identification*.
(e) The prosecution of the offense would be jeopardized* by immediate release of the person arrested.
(f) There was a reasonable likelihood that the offense or offenses would continue or resume*. (Refer to Chapter 3, Response to Domestic Violence, of this manual for procedures regarding domestic violence.)
(g) The safety of persons or property would be imminently endangered* by release of the person.
(h) The person demanded to be taken before a magistrate* or refused to sign the notice to appear.
(i) There is reason to believe that the person would not* appear at the time and place specified in the notice.
4 A minor’s presence in a law enforcement facility or jail shall not be unnecessarily extended. The minor shall be removed as soon as reasonably possible. In no event shall a minor be present in an adult detention facility or jail for a continuous period in excess of ____.
two hours
(10) Section 627 WIC provides that when an officer takes a minor before a county probation officer at juvenile hall or to any other place of confinement, the officer ____ take immediate steps to notify the minor’s parents, guardian, or a responsible relative that such minor is in custody and the place where they are being held. Immediately after being taken to a place of confinement, and except where physically impossible, no later than _____ after the minor has been taken into custody, the minor shall be advised they have the right to make at least ____ telephone calls from the place that they are being held. One call may be to their parent or guardian, a responsible relative, or their employer; and the second may be to an attorney. Such calls are to be made at public expense, if within the local calling area. Calls must be made in the presence of a public officer or employee.
shall,
one hour,
two,
(b) A law enforcement agency shall not destroy or dispose of rape kit evidence or other crime scene evidence from an unsolved sexual assault case before at least ____ years, or if the victim was under 18 years of age at the time of the alleged offense, before the victim’s ____ birthday.
1-27
20,
40th
(2) Low flying, “buzzing,” and acrobatics over congested areas are instances of careless and reckless flying which are unlawful (Section 21407 PUC).
(a) No reliable rule of thumb can be offered to guide observers in determining the precise altitude of an aircraft in flight.
(b) Members should exercise discretion when estimating altitude and be primarily concerned with occurrences where there is no doubt that flight was conducted below the minimum of _____ feet.
500
RESPONSE TO CHILD ABUSE OR NEGLECT REVISED AUGUST 2017
(4) If the CHP’s response is limited to “standing by” until the LCDA arrives and assumes responsibility, at a minimum, a _____ must still be prepared and submitted within ___ hours.
DOJ SS 8572,
36
(a) Missing Person. As used in this title, “missing person” includes, but is not limited to, any of the following:
R A T
1 An at-risk* adult.
2 A child who has been taken*, detained, concealed, enticed away,
or retained by a parent in violation of PC Part 1, Title 9, Chapter 4 (commencing with Section 277).
3 A child who is missing voluntarily (e.g., runaway*) or involuntarily, or under circumstances not conforming to their ordinary habits or behavior, and may be in need of assistance.
(b) At Risk. As used in Section 14215 PC, “at risk” means there is evidence of, or there are indications of, any of the following:
F R A M M
1 The missing person is the victim of a crime or foul* play.
3 The missing person has no pattern of running* away or disappearing.
4 The missing person may be the victim of parental abduction*.
5 The missing person is mentally* impaired, including cognitively
impaired or developmentally disabled.
2 The missing person is in need of medical* attention.
4 Notice to Department of Justice. Section 14211(e) PC requires notification to DOJ, for inclusion in the Violent Crime Information Center (VCIC) and the National Crime Information Center (NCIC) databases, within _____ hours of accepting a report of a missing person under ___ or ____. This may be accomplished by establishing a record in MUPS (via CHP communications center).
two,
age 21,
at risk.
e. AMBER Alert Criteria. In accordance with AB 415 and to prevent potential misuse of the system, specific alert criteria have been established in law for activation of the EAS. Under no circumstances will an AMBER Alert be initiated by the Department for an incident that does not meet all of the criteria listed below.
A 17 I
(1) Confirmation that an abduction* has occurred or the child was taken by anyone, including, but not limited to, a custodial parent or guardian.
(2) The victim is 17 years of age or younger, or an individual with a proven mental or physical disability*.
(3) The victim is in imminent* danger of serious bodily injury or death.
(4) There is information available that, if disseminated* to the public,
could assist in the safe recovery of the victim.
- BLUE ALERT SYSTEM.
a. Blue Alert Criteria. In accordance with GC Section 8594.5, and to prevent potential misuse of the system, specific alert conditions/criteria have been established in law. Under no circumstances will a Blue Alert be initiated by the Department for an incident that does not meet ALL of the conditions listed below:
O I V
(1) 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.
(2) A law enforcement agency investigating the offense has determined that the suspect poses an imminent* threat to the public or other law enforcement personnel.
(3) A detailed description of the suspect’s vehicle* or license plate is available for broadcast.
(4) Public dissemination* of available information may help avert further harm or accelerate apprehension of the suspect.
. SILVER ALERT SYSTEM.
a. Silver Alert Criteria. In accordance with GC Section 8594.10, a law enforcement agency may request a Silver Alert be activated if the agency determines the following conditions are met:
O R U D
(1) The missing person is 65 years of age or older*, developmentally disabled, or cognitively impaired.
(2) The investigating law enforcement agency has utilized all available local resources*.
(3) The law enforcement agency determines the person has gone missing under unexplained* or suspicious circumstances.
(4) The law enforcement agency determines the person is in danger* because of age, health, mental or physical disability, environment, or weather conditions, the person is in the company of a potentially dangerous person, or other factors indicating the person may be in peril.
(5) There is information available that, if disseminated* to the public, could assist in the safe recovery of the missing person.
- YELLOW ALERT SYSTEM.
a. Yellow Alert Criteria. In accordance with GC Section 8594.15, a law enforcement agency may request a Yellow Alert be activated if the agency determines the following conditions are met:
H H P2 I
(1) A person has been killed or has suffered serious bodily injury due to a hit-and-run* incident.
(2) There is an indication that a suspect has fled the scene utilizing the state highway* system or is likely to be observed by the public on the state highway system.
(3) The investigating law enforcement agency has additional information concerning the suspect* or the suspect’s vehicle, including, but not limited to, any of the following:
(a) The complete license plate* number of the suspect’s vehicle.
(b) A partial* license plate number and additional unique identifying characteristics, such as the make, model, and color of the suspect’s vehicle, which could reasonably lead to the apprehension of the suspect.
(c) The identity* of the suspect.
(4) Public dissemination* of available information could either help avert further harm or accelerate apprehension of the suspect based on any factor including, but not limited to, the severity of the injury, the time elapsed between a hit-and-run incident and the request, or the likelihood that an activation would reasonably lead to the apprehension of a suspect.
“T.A.C.T.,” is a system that governs overall employee conduct when interacting with a person with mental illness or who is in crisis. Using this system provides an optimal setting for effective communication and rapport in many situations, including when mental illness and crisis are not a factor.
HPM 100.69
Tone, Atmosphere, Communication, and Time
“R.E.A.D.,” is a system used to attain voluntary compliance with a person with mental illness or who is experiencing a crisis. This system can provide predictability and understanding that can calm a situation, including when mental illness and a crisis are not a factor. During the process of using this system, an employee may repeat any step, go backward in the process, or use a combination of steps as they deem reasonable. Even if voluntary compliance is not achieved, the use of this system demonstrates an effort on the employee’s part to gain compliance and resolution.
(a) Request. Make a request of the person in a professional, businesslike manner.
(b) Explain. If the person does not comply, provide a reasonable explanation of the request.
(c) Alternatives. If necessary, after the reasonable explanation of the request, provide alternatives, informing the person of their options and potential outcomes.
(d) Direct. Finally, if the other steps are ineffective, give a direct, lawful order.
“A.B.C3,” is a system used to gain cooperation, establish rapport, and build trust with a person with mental illness or who is experiencing a crisis. This system may also be effective when mental illness or a crisis is not a factor. If cooperation is not gained, the use of this system demonstrates an effort on the employee’s part to gain cooperation.
(a)Assess.
1 If possible, take time to determine the source of the crisis. This may be achieved by talking with the person or calling a family member, friend, reporting party, witness, etc.
2 Ask open-ended questions to allow for a narrative explanation. Often, when a person is given an opportunity to explain or vent, they will self-deescalate.
(b) Bond.
1 Attempt to find common ground in order to establish a connection on a personal level to ease the stress of the situation. Any topic of interest may work. If the chosen topic is not effective, try another. It may take multiple attempts to find a topic the person connects with or is willing to talk about.
2 Attempt to use empathy and understanding when discussing personal topics.
(c) Control3.
1 There are three components of control to consider. The first is employee self-control. The calmer an employee is, the easier it is to think, recall, and maintain standards of conduct. A calm employee can more effectively make a plan of action.
2 Control the scene. The calmer the scene is, the calmer the employee and the person in crisis will likely be.
3 Control the person using proper tone, a calm atmosphere, effective communication, and available time, to gain cooperation or the best possible outcome.
(c) If the person commits an arrestable offense and fulfills the elements of Section 5150 WIC, and a supervisor approves booking, the supervisor shall notify the booking facility of the circumstances prior to the arrival of the person arrested. Supervisors ____ consider the following factors when determining whether to book or detain for Section 5150 WIC:
C H I P I
should,
1 Severity of the crime*.
2 Severity of the mental illness*.
3 The person’s mental health history*.
4 Benefit of mental health services vs. incarceration*.
5 Availability of psychological* services at the booking facility.
(2) Qualified medicinal cannabis patients and their primary caregivers are prohibited from:
H U T I T S
(a) Possessing an unreasonable* amount of cannabis for their medical condition.
NOTE: Officers shall use sound professional judgement when determining the reasonableness regarding the amount of cannabis necessary to treat a person’s medical condition. Although there have been instances where persons have attempted to subvert the law in this area and use it as a cover for illegal cannabis possession/transportation for sales, an officer may need more than just the mere presence of large amounts of cannabis to substantiate a possession/transportation for sales violation against a person who claims qualified patient/primary caregiver status.
(b) Smoking cannabis in a public place where smoking tobacco* is prohibited.
(c) Possessing cannabis on, or consuming cannabis within 1,000 feet of specified places, including schools*, day care facilities, and youth centers (under specified conditions).
(d) Consuming cannabis in a vehicle on or off-highway*.
(e) Transporting* cannabis across state lines, even to another state where
cannabis possession is legal.
(f) Driving while impaired* by cannabis (and/or any other impairing substance).
c. Recreational Cannabis.
(1) Recreational cannabis users ____ or older may:
(a) Possess up to ___ grams of cannabis.
(b) Possess up to ___ grams of concentrated cannabis.
(c) Possess up to ___ cannabis plants.
(d) Consume and cultivate cannabis (limited to 6 cannabis plants per
person) on private property.
NOTE: There is no limit on cannabis plant size.
21 years of age,
28.5,
8,
6,
(2) Recreational cannabis users are prohibited from:
H O E T I T S
(a) Possessing cannabis, cannabis concentrates, or cannabis plants in excess* of the amounts listed above, except when licensed by an appropriate cannabis control agency to engage in cannabis cultivation, manufacturing, distribution, or sales.
(b) Smoking cannabis in a public place where smoking tobacco* is prohibited.
(c) Possessing cannabis on, or consuming cannabis within 1,000 feet of specified* places, including schools, day care facilities, and youth centers (under specified conditions).
(d) Consuming cannabis in a vehicle on or off-highway*.
(e) Possessing an open* container of cannabis in a vehicle, unless
secured in the vehicle’s trunk.
(f) Transporting* cannabis across state lines, even to another state where cannabis possession is legal.
(g) Driving while impaired* by cannabis (and/or any other impairing substance).
15-11
____ is a deduction of fact that may logically and reasonably be drawn from another fact or group of facts established by the evidence.
NOTE: Evidence is either direct or circumstantial. It is not necessary that facts be proven by direct evidence. Facts may also be proven by circumstantial evidence or by a combination of direct evidence and circumstantial evidence. Both direct evidence and circumstantial evidence are acceptable as a means of proof. Neither is entitled to any greater weight than the other.
a. Inference. An inference
_____ evidence is evidence that directly proves a fact, without the necessity of an inference. It is evidence that by itself, if found to be true, establishes that fact. Most often, such evidence comes from an “eyewitness” who personally saw or heard something.
b. Direct Evidence. Direct
______ is evidence that, if found to be true, proves a fact from which an inference of the existence of another fact may be drawn. An example of _____ would be a witness hearing a gunshot and seeing the subject flee from the location.
Circumstantial Evidence,
Circumstantial evidence
____ is evidence presented orally or in deposition form by a lay witness, expert witness, or suspect. The credibility of the person providing the testimony is determined by the judge or jury. It is imperative that officers work diligently to establish their credibility.
d. Testimonial Evidence. Testimonial evidence
_____ is any tangible object that can establish the commission of a crime and can provide a link between a crime and its victim or suspect.
e. Physical Evidence. Physical evidence
_____ shall not be used for packaging of items which may contain _____, as it can cause the specimens to retain moisture, which promotes bacterial growth and sample deterioration. Additionally, plastic bags should not be used when other agreements have been made with the crime laboratory or district or city attorney’s office.
Plastic bags,
biological materials, such as blood,
semen,
saliva,
blood stains,
fingerprint evidence,
living plant material, or
other moist items
a. Large Quantities of Controlled Substances. Large quantities of controlled substances in excess of ____ in gross weight, or _____ for growing or harvested cannabis, may be destroyed without a ____ pursuant to Section 11479 of the Health and Safety Code (HSC) so long as specific requirements are satisfied. These requirements include random sampling and photographs of the seizure (refer to the section for specific information). It is important to note, only the excess (the amount greater than the ____ of the controlled substance, or the amount greater than the______ of the cannabis) may be destroyed.
10 pounds, 2 pounds,
court order
10 pounds, 2 pounds,
- GENERAL METHODS OF DISPOSAL. Items from cases which have been adjudicated, rejected, or declined, and unclaimed property may be disposed of using one of the following accepted methods of disposal:
D D D S R
a. Return to Owner/Finder.
b. Destruction.
c. Sale or Auction of Items.
d. Departmental Use.
e. Donations to Charity.
(1) The case status of misdemeanor/infraction evidence shall be checked after ____.
(2) The case status of felony evidence shall be checked ____ after booking and every _____.
six months,
one year, year thereafter.
a. Purging Property. Methods for disposal of property are similar to those for evidence:
D D D D R R S
(1) Returned* to the owner/finder.
(2) Sale* or Auction (items will be sent to SSU to facilitate the disposal).
(3) Destruction.
(4) Recycled (items with little or no value).
(5) Discard* (items with little or no value).
(6) Donations* (local charity).
(7) Conversion to departmental* training/education or operational use (requires approval from appropriate Assistant Commissioner).
EVIDENCE MANUAL,
SECURITY, INSPECTION, AND INVENTORY PROCEDURES
(1) Categorizing. The properties will be subcategorized into four areas. Ten percent of each category will be inspected. If less than ten items exist within each category, ____ percent of the items will be inspected. The categories are as follows:
M O F D
100,
A. Drug – 10 percent by item number.
B. Firearms – 10 percent by item number.
C. Money – 10 percent by item number.
D. Other – 10 percent by property number.
If there were no activities for any of the above categories within the selected period of time, a minimum of ten property receipts containing such items shall be pulled and inspected from the current inventory for that category.
b. Procedure. A random sample of property sufficient to validate the integrity of the system shall be verified. At least ___ percent of items or property numbers, with a minimum of ___ items or property numbers, from activities that occurred within the property system from the date of the last inspection to current, shall be inspected. Refer to Categorizing section of this chapter for the breakdown of each specific category. If discrepancies are revealed, an additional ___ percent of the items, or at least ___ additional items, shall be inspected. If further discrepancies are revealed, the ____ property system shall be inspected to ensure compliance with policy and legal statutes.
10, ten, 10, ten, entire
