*100.69 General Law Enforcement Policy Flashcards
A minor may not be detained longer than ______.
Six hours.
The investigating officer of a hate crime shall provide the victim with a _______________.
CHP 174, Right to Privacy Acknowledgement
CHP 876, Rights of Hate Crime Victims
When circumstances require issuance of a CHP 103 (849b form), it shall be completed in duplicate. How are the copies distributed?
The original shall be filed in the Area office, and the copy shall be delivered to the person being released.
An Emergency Protective Order (EPO) is a court order prepared by an officer and issued by a judge, commissioner, or referee, by telephone or otherwise, when there is_____________of domestic violence, child abuse, child abduction, elder/dependent adult abuse, or stalking to a victim.
immediate and present danger
After making a Citizen Arrest, 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.
Custodial Interviews. Section 625.6 WIC states prior to custodial interrogation, and before the waiver of any Miranda Rights, a youth 17 years of age or younger shall consult with legal counsel in person, by telephone, or by video conference. Can the consultation be waived?
No.
A minor may not be detained longer than __ hours.
6
Refusals to Sign the CHP 215, Notice to Appear. If at any time during the course of transportation to the court or jail, the violator reconsiders and requests to sign the citation, the violator ____ be permitted to do so.
Shall
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 is known as a?
Hate Crime
A Restraining Order is an order issued by the _____ during normal business hours.
Court
Pursuant to Section 18250 PC, peace officers who are at the scene of a domestic violence incident involving a threat to human life or a physical assault, serving a protective order as defined in Section 6218 FC, or serving a gun violence restraining order issued pursuant to Division 3.2 of the PC, commencing with Section 18100, __________ take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search, as necessary, for the protection of the peace officer or other persons present.
SHALL. HPM 100.69 CH 3
When weapons are taken into temporary custody as the result of a Domestic Violence incident, what are the time frames the weapon can be held?
Weapons shall be held not less than 48 hours and, unless retained for evidence, must be available for release not more than 48 hours after the seizure, or no later than five business days after a Law Enforcement Gun Release Application is approved by DOJ. HPM 100.69 CH 3
When does an Emergency Protective Order (EPO) expire?
An EPO expires no later than the close of judicial business on the fifth court day or the seventh calendar day following the day of issuance. HPM 100.69 CH 4
Who prepares an Emergency Protective Order?
An Emergency Protective Order (EPO) is a court order prepared by an officer and issued by a judge, commissioner, or referee, by telephone or otherwise, whether or not the superior court is in session….HPM 100.69 CH 4
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
Confirmation that an abduction has occurred or the child was taken by anyone, including, but not limited to, a custodial parent or guardian. The victim is 17 years of age or younger, or an individual with a proven mental or physical disability. The victim is in imminent danger of serious bodily injury or death. There is information available that, if disseminated to the public, could assist in the safe recovery of the victim. HPM 100.69 CH 9
An officer may attempt to obtain an EPO when there are reasonable grounds to believe an immediate and present danger of domestic violence, child abuse, child abduction, elder/dependent adult abuse, or stalking exists and an order is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, or stalking. What form would you use to request an EPO?
CHP 175 (Application for Emergency protective order)
As a final measure, the violator shall be taken without unnecessary
delay before a magistrate, or if after court hours, to jail. If at _________
during the course of transportation to the court or jail, the violator
reconsiders and requests to sign the citation, the violator shall be
permitted to do so.
ANY TIME
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 __________
2 HOURS
While on-duty, supervisors shall be responsible for having copies of the
_______ in their possession.
CHP 103
Officer (should, shall) arrest for all original and abstracted warrants.
SHALL
Can we consider the bail amount when determining when to arrest?
No.
Officers (should, shall) not conduct checks for outstanding warrants unless _______________.
- SHALL not
- There is reasonable suspicion that a warrant may exist and/or the check can be done accomplished without resulting in an unreasonable delay.
What is required when we arrest a teacher at a public school of this state for drug charges?
Immediately notify by phone the superintendent of schools of the district employing the arrestee. (commands shall also notify Commission on Teacher Credentialing and the superintendent in writing)
What are the actual or perceived characteristics of the victim that can qualify an offense as a hate crime?
- Disability
- Gender
- Nationality
- Race
- Ethnicity
- Religion
- Sexual orientation
- Or association with a person or group with one of these actual or perceived characteristics
What is the definition of a hate crime?
A criminal act committed in whole or in part because of one of the above listed actual or perceived characteristics.
What is a yellow alert?
A Hit and Run Incident
When should a yellow alert be activated?
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:
(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.
