100.69 General Law Enforcement Manual Flashcards
Officers ___ physically arrest all felony violators as prescribed by law.
Shall
1-3
An arrested person has the right to make at least ___ completed telephone call(s), as described, immediately upon being booked or detained, and except where physically impossible, no later than ___ hour(s) after arrest.
3,3
1-3
An arrestee ___ normally be allowed to make a telephone call during transport.
Should Not
1-3
If upon questioning, an arrestee is identified as a custodial parent with responsibility for a minor child, the arrestee shall be entitled to make ___ additional call(s) for the purpose of arranging for the care of the minor child or children in the parent’s absence. These telephone calls shall be allowed immediately upon request, or as soon as practicable.
2
1-3
Section 851.5 PC also requires a sign, stating the arrestee’s right to free telephone calls be posted at any police facility or place where an arrestee may be detained. A CHP 975, Penal Code Section 851.5 Arrested Person _____ Make Telephone Call, available on the Department’s STARPOINT Web site under Forms, ______ be posted in California Highway Patrol (CHP) Area offices that allow arrestees to be temporarily detained (i.e., during a drug recognition evaluation or stolen vehicle investigation).
May, should
1-3
Persons taken into custody pursuant to Section 853.6(i)(8) PC and not otherwise released ______ be afforded every opportunity permitted by law to sign the CHP 215 and thereby secure release from custody.
Shall
1-3
If the violator still refuses to sign the citation and it appears a physical arrest will be necessary, the officer ___ notify an on-duty supervisor.
Shall
1-4
If at any time during the course of transportation to the court or jail, the violator reconsiders and requests to sign, they ___ be permitted to do so.
shall
1-4
Section 625 WIC states that when a minor has been taken into custody, the officer ______ advise the minor of their constitutional rights.
Shall
1-5
Section 627 WIC provides that an officer taking a minor before a probation officer or to a place of confinement shall take immediate steps to notify a relative. This section also provides that the minor has the right to make ___ telephone calls, 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 ___ hour(s) after the minor is taken into custody.
2,1
1-6
Although Section 207.1 WIC generally provides that a minor may not be detained in a jail or lockup for adults, 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) The minor is taken into temporary custody on the basis of having violated a criminal law (Section 602 WIC).
(c) The peace officer apprehending the minor has a reasonable belief that the minor presents a “serious security risk of harm to self or others.”
The juvenile may not be detained longer than ___ hours. To be securely detained
longer than ___ hours, the minor must be transferred to a juvenile facility
(i.e., juvenile hall).
6,6
1-7
True or False
A minor’s refusal to sign a citation would bring them within the mandatory incarceration provisions of the Penal Code.
True
1-9
True or False
In situations where departmental personnel have temporary custody of a minor for a criminal law violation which necessitates the administration of a chemical test or an investigative procedure within a jail or other law enforcement facility, the following guidelines and safeguards shall be followed:
Departmental personnel shall ensure the following procedures are followed regardless of whether a jail facility or other law enforcement facility is used:
(1) Arrested minors shall remain under the continuous supervision of a departmental or law enforcement facility employee.
(2) Minors shall not be locked in a cell or room within an adult detention facility or jail.
(3) Minors shall not be permitted to come into contact with in-custody adults. If contact occurs, the contact shall not be permitted to continue.
(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.
True
1-9
Officers ___ 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.
Shall
1-10
Any person who falsely represents themselves as another person (or a fictitious person) for the purpose of evading either the process of the court or proper identification by the investigating officer ___ be charged with a violation of Section 148.9 PC.
Should
1-11
Officers ___ not conduct a field check for outstanding warrants unless there is reasonable suspicion that a warrant may exist and/or the check can be accomplished without resulting in an unreasonable delay.
Shall
Uniformed employees of this Department ______, subject to the discretionary power vested in them by law, accept custody of persons arrested by private persons.
Shall
1-14
When the arrest is for a public offense not requiring a mandatory appearance, the arrested party ______ be satisfactorily identified. The arrestee ______ then be cited and released after having signed the CHP 215. Enter “private person’s arrest” in the Special box of the CHP 215. Complete a CHP 202 or 216 and forward to the court with the CHP 215.
Should, Should
1-14
True or False
When the [private person’s] arrest is for a felony or a misdemeanor requiring a mandatory appearance, take the arrested person without unnecessary delay before a magistrate.
True
1-14
True or False
If the violation is the normal responsibility of another law enforcement agency, that agency should be requested to handle the [private person’s] arrest to conclusion.
True
1-15
True or False
There is no requirement for the officer accepting custody of a person arrested by a private person to determine probable cause for the arrest (Kinney vs. County of Contra Costa, 8 C.A. 3d 761). However, if the facts of the 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. Upon release, issue a CHP 103. The arrest and release shall be documented on a memorandum to the Area.
True
1-15
Upon the arrest of a teacher in any of the public schools of this state, for controlled substances offenses, commands ______ immediately notify by telephone the Superintendent of Schools of the school district employing the arrestee. Commands ______ also immediately give written notice of the arrest to the Commission on Teacher Credentialing and to the Superintendent of Schools in the county where the person is employed.
Shall,Shall
1-15
It is the policy of the CHP that officers ______ not conduct traffic enforcement stops for the primary purpose of drug interdiction in the absence of probable cause or reasonable suspicion to believe the motorist or an occupant of the vehicle is involved in illegal drug-related activity.
Shall
1-19
True or False
A “hate crime” is defined in Section 422.55 PC as a criminal act committed in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics.
True
1-24
When a member of this Department handles a hate crime investigation to conclusion, the victim shall be provided with a CHP ___, Rights of Hate Crime Victims, brochure.
876
1-25
The investigating officer of a hate crime shall provide the victim with a CHP ___, Right to Privacy Acknowledgement.
174
1-26
A CHP ___, Uniform Crime Report, shall be completed as outlined in HPM 100.53, Uniform Crime Reporting Manual.
729
1-26
True or False
Victims of hate crimes have the right to have their name and address withheld from the CHP 202 or CHP 216, if requested. The officer shall notify the victim of the right to request confidentiality and explain that the victim’s name and address will become public record if confidentiality is not requested. The officer will then document in the narrative of the CHP 202 or CHP 216 whether or not the victim chose to exercise that right.
True
1-28
For victims of a hate crime, the offer of confidentiality ___ be made prior to the initiation of a report and a CHP 174 shall be completed with the victim’s name and address.
Shall
1-28
When a person arrested (arrest includes issuance of a CHP 215) by this Department is released from custody without being formally charged with an offense, that person ______ be issued a CHP 103.
Shall
1-28
A CHP 103 ___ normally be issued by a supervisor. If a supervisor is not available, the arresting officer ___ issue the certificate.
Should, may
1-29
While on-duty, supervisors ___ be responsible for having copies of the CHP 103 in their possession.
Shall
1-29