100.69 General Law Enforcement Policy Manual Flashcards

1
Q

Officers should or shall arrest all felony suspects?

A

Shall.

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2
Q

An arrested person has the right to make how many phone calls?

A

3

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3
Q

An arrestee has the right to make phone calls immediately upon what and no later than how long after the arrest?

A

Upon being booked; 3 hours after arrest.

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4
Q

If an officer advises that he has a refusal to sign the 215, what shall the supervisor do?

A

Shall determine appropriate course of action and respond to the scene as necessary.

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5
Q

Can a violator be released from custody for refusal to sign once booking has begun?

A

No. Violator is in the custody of the jailer once booking has begun.

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6
Q

Misdemeanor violations should be cited and released unless one of the following exists.

A

The following are reasons to arrest misdemeanor violations: 9- Intoxicated to the point of creating a danger to self or others. Unable to care for his / her safety or needed medical care. Has outstanding arrest warrant. No satisfactory evidence of identification. Prosecution would be jeopardized if immediately released. Likely that offense would continue or resume. Release would imminently endanger safety of persons or property. Refused to sign notice to appear or demanded to be taken to magistrate. Reason to believe person would not appear as specified in notice to appear.

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7
Q

When shall an officer advise a minor of constitutional rights (Miranda)?

A

Immediately upon being taken into custody.

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8
Q

Are officers required to notify a relative after arresting a minor?

A

Shall take immediate steps to notify a relative of the minor.

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9
Q

A minor in custody has the right to make how many phone calls within how long after the arrest?

A

2 phone calls within 1 hour of the arrest.

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10
Q

A phone call made by a minor in custody must be in the presence of an officer or employee.

A

True.

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11
Q

Can a minor be temporarily detained in a secured jail facility?

A

No.

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12
Q

Under what conditions can an officer permit the secure detention of a minor in a lockup facility?

A

Under the following conditions: Must be 14 years old or older. Violated a criminal law. Presents serious security risk of harm to self or others.

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13
Q

When a minor is detained in a secured lockup facility, what conditions must be met?

A

Following conditions must be met: Can not be detained longer than 6 hours. Detention must be for purpose of giving the officer time to investigate the case, facilitate release to parents, or arrange transfer to juvenile hall. Must be separated from adults. Must be told how long incarceration will last. Must be supervised. Officer must document the need and length of secured detention.

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14
Q

Can a minor in-custody who does not meet the requirements to be placed in a secured lock-up be brought into a police station? If so, what conditions?

A

Yes. Can not be placed in a secure room or have contact with in-custody adults. Final disposition must take place in 6 hours.

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15
Q

A minor who refuses to sign the 215 can not be taken into custody?

A

False. Take into custody.

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16
Q

When a minor falls under the provisions of Implied Consent, can he or she be brought into a jail facility for chemical testing? If so, under what conditions?

A

Yes, however a non-jail facility should be used if possible. If in a jail facility, the following conditions apply: Must remain under constant supervision. Can not be locked in a cell or room (in an adult facility). Can not come into contact with an adult in-custody. Minor’s presence in an adult facility shall not be unnecessarily extended and shall not go beyond 2 hours.

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17
Q

When deciding to arrest a person with an outstanding warrant, the bail amount should be a determining factor?

A

False. Bail amount shall not be a criteria for deciding to arrest for an arrest.

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18
Q

Should officers routinely conduct field checks for outstanding warrants?

A

No. Shall not conduct field checks for warrants unless reasonable suspicion exists.

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19
Q

Officers are authorized to cite and release for misd. warrants except when?

A

Cite and release except under following: 8- Warrant involves violence, firearms, resisting arrest, or giving false info. Intoxicated to the point of being a danger. Unable to care for safety or requires medical attention. Has other ineligible charges pending. Likelihood that offense would continue or persons or property would be in danger. Refuses to sign the 215. Arrestee can not provide satisfactory identification. Warrant indicates arrestee not eligible for cite and release.

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20
Q

When a warrant is served in a county other than where is was issued, does the arrestee have the right to be taken before a magistrate of the county of arrest? Which agency transports? Within how many days?

A

Yes. Agency issuing the warrant must take custody of suspect within 5 days.

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21
Q

Officers should or shall accept custody of all persons arrested by private persons?

A

Shall.

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22
Q

When can an officer accepting a private person’s arrest cite and release the arrestee?

A

When the offense is a misdemeanor and does not require a mandatory appearance.

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23
Q

What shall be entered in the special box of the 215 for a private person’s arrest?

A

“Private person’s arrest”

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24
Q

For a private person’s arrest, where does the arresting person’s info go on the report?

A

Witness section.

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25
Q

For a private person’s arrest, what should the officer do if he / she knows there was insufficient probable cause for the arrest?

A

Release from custody and fill out a CHP 103. Document on a memorandum to Area.

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26
Q

Upon the arrest of public or private school employees for specified drug violations, who shall be notified? How? How long?

A

Superintendent or school authority by telephone by phone in one business day. In writing to Commission on Teacher Credentialing and Superintendent / school authority in one business day.

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27
Q

Notification to school authorities for employees arrested for specified drug violations should or shall be documented in the arrest report?

A

Shall.

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28
Q

What is the state limit for possession of marijuana for medical purposes?

A

Eight ounces of dried marijuana; no more than 6 mature or 12 immature plants.

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29
Q

For medical marijuana purposes, can a person possess more than the state limit if the local city or county has adopted a higher limit?

A

Yes. Local limits supercede state limits.

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30
Q

Beside the patient, who else may legally possess marijuana for medical purposes?

A

The primary caregiver.

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31
Q

How can an officer verify the validity of a medical marijuana card?

A

For a state issued card, have dispatch access the DHS website. For a local card, have dispatch contact the number on the card.

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32
Q

If the medical marijuana ID card is valid, what shall the officer do?

A

Release the person and do not seize the marijuana (if within state / local limits).

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33
Q

Can a person claim exemption for medical marijuana by producing just a written recommendation from a doctor?

A

Yes. Officers should use professional judgment to determine the validity of the person’s claim.

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34
Q

Whenever an officer reasonable believes a person’s claim to medical marijuana possession, and the possession is within state / local limits, the person should be released with no seizure.

A

True.

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35
Q

What if a person has a valid medical marijuana card but is over the state / local limits?

A

Take enforcement action and seize all of the marijuana.

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36
Q

A qualified patient or caregiver of medical marijuana is not allowed to cultivate marijuana.

A

False. Can cultivate within state / local limits.

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37
Q

For marijuana possession, transportation, giving away, or driving a motor vehicle while in possession, under what condition is cite and release mandatory?

A

Amount does not exceed 28.5 grams (1 ounce).

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38
Q

For possession of marijuana in excess of 28.5 grams, officers should or shall physically arrest?

A

Should.

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39
Q

When the Department handles a hate crime, what shall the victim be provided?

A

Rights of Hate Crime Victims brochure (CHP 876) and Right to Privacy Acknowledgment (CHP 174)

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40
Q

Does a victim of a hate crime have the right to have his or her name and address withheld from the 202 or 216?

A

Yes. In that case the CHP 174 becomes the face page. Use John / Jane Doe with no address.

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41
Q

Is a CHP 103 used to release a person from arrest when only a 215 was issued?

A

Yes. Arrest includes the issuance of a 215.

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42
Q

Who should normally issue a CHP 103?

A

Supervisor.

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43
Q

Supervisors should or shall have CHP 103s in their possession?

A

Shall.

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44
Q

Is a CHP 103 issued when the Department no longer has physical control over the person?

A

Yes, if prior to arraignment.

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45
Q

Off-duty enforcement is discouraged and should not be conducted unless the violation poses a danger.

A

True.

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46
Q

When shall officer involved in off-duty enforcement notify the Area?

A

As soon as practical.

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47
Q

For how long is the 5150 WI detention?

A

72 hours.

48
Q

Is a 5150 WI hold considered an arrest or detention?

A

Detention only.

49
Q

What is a 5150 hold documented on?

A

216

50
Q

Is information and records pertaining to recipients of mental health services (5150) confidential?

A

Yes. Shall not be released by the Department.

51
Q

For arrests of public / private school employees for specified sexual assault crimes, who shall be notified, how, how long?

A

Superintendent / school authority, by phone and in writing, within 1 business day.

52
Q

Do victims of sexual crimes have the right to have theirs names and address withheld from the 202 / 216?

A

Yes. CHP 174 becomes face sheet. Use John / Jane Doe.

53
Q

Do officers have the authority to arrest for operating an aircraft while under the influence?

A

Yes. Public Utilities Code.

54
Q

Is chemical testing required after arrest for operating an aircraft while under the influence?

A

Yes. Found in Public Utilities Code, essentially the same requirement as DUI.

55
Q

What is sufficient justification to obtain an Emergency Protective Order?

A

Victim’s statement of abuse or threat of abuse.

56
Q

Follow up investigation for domestic violence should be done by which agency?

A

Agency having primary jurisdiction.

57
Q

Restraining orders are enforced only by the agency that issued it.

A

False. All law enforcement agencies must enforce restraining orders.

58
Q

All CHP officers shall carry Emergency Protective Orders while on duty.

A

True.

59
Q

What types of relationships qualify for domestic violence?

A

Spouse, former spouse, cohabitant, former cohabitant, had a child together, is or has dated / engaged.

60
Q

What is an Emergency Protective Order?

A

Court order prepared by an officer and issued by a judge when there is immediate and present danger of domestic violence. It restrains activity / excludes suspect from premises / determines temporary child custody. Type of court protective order.

61
Q

What is a Restraining Order?

A

Court order issued by the Superior Court during normal business hours. Offers 8 types of relief.

62
Q

Are victims of domestic violence entitled to a right to privacy?

A

Yes.

63
Q

In a domestic violence, officers should determine the primary aggressor and arrest that person rather that routinely arrest both parties.

A

True.

64
Q

Can an arrest be made for a misdemeanor violation of a court protective order when the violation did not occur in the presence of the officer?

A

Yes, shall arrest.

65
Q

A victim of domestic violence should or shall be advised of the right to make a private person’s arrest?

A

Shall.

66
Q

If an office responds to a DV and takes action without an arrest being made, a report must still be completed.

A

True. Standing by while an allied agency responds does not constitute “taking action.”

67
Q

What is the CHP 173?

A

Domestic Violence Referral. Must be given to victims.

68
Q

If a firearm or deadly weapon is present at the scene of a domestic violence, what shall the officer do?

A

Shall confiscate the firearm or deadly weapon. 12028.5 PC.

69
Q

What is the CHP 182?

A

Victims of Domestic Violence card. Shall be given to victims; provides follow up options.

70
Q

What is the holding period for a firearm or deadly weapon seized at a DV?

A

Not less than 48 hours or more than 72 hours, unless needed as evidence.

71
Q

Officers should or shall ask if a DV victim wants medical treatment regardless of whether or not injuries are visible?

A

Shall.

72
Q

What is the section violating a domestic violence order?

A

273.6 PC - Violation of Restraining Order.

73
Q

What section is used for violating a generic court order?

A

166 PC - Contempt of Court.

74
Q

Emergency Protective Orders are only issued for DV.

A

False. Variety of things including child abuse and stalking.

75
Q

Court orders are only valid in the jurisdiction issued?

A

False. Valid throughout California.

76
Q

Protective orders prohibit the restrained person from owning, possessing, or purchasing a firearm.

A

True.

77
Q

How are out-of-state protective or restraining orders handled?

A

As if issued in California, but must be registered with the court.

78
Q

What must an officer determine to arrest a person for violating a protective or restraining order?

A

Proof or existence and service.

79
Q

When do Emergency Protective Orders expire?

A

After 5th court day or 7th calendar day.

80
Q

After issuing an EPO, how long does the officer have to notify the communication center?

A

One business day.

81
Q

Are CHP officers required to report suspected or known instances of child abuse / neglect?

A

Yes, to the local county designated agency (LCDA). Immediately or as soon as practicable.

82
Q

What form shall be filled out for known or suspected child abuse?

A

DOJ SS 8572 (Suspected Child Abuse Report).

83
Q

The DOJ SS 8572 shall be submitted to the LCDA within how long?

A

36 hours.

84
Q

Does a DOJ SS 8572 have to be filled out when charging 273a PC?

A

Yes.

85
Q

If an officer just “stands by” at the scene child abuse while the LCDA arrives, does the DOJ SS 8572 have to be completed?

A

Yes, submitted within 36 hours.

86
Q

What section authorizes an officer to take a minor into protective custody?

A

305 WI.

87
Q

What should officers do if a child is found unattended?

A

Determine if medical treatment is needed; determine if abuse or neglect has occurred; attempt to notify parents (if no abuse); notify county social services agency (if parents can’t take custody).

88
Q

Reports of missing persons should or shall be referred to the local law enforcement agency?

A

Should.

89
Q

Can a parent be a suspect in a missing person investigation?

A

Yes.

90
Q

If an allied agency is not available, and a CHP officer starts a missing person investigation, that officer shall complete the investigation.

A

False. Only a preliminary report shall be done. Then referred to local agency.

91
Q

Which agency must be notified within how long of accepting a report of a missing person under age 16 or “at risk?.”

A

Attorney General’s Office / 4 hours.

92
Q

For a missing person report, when must the CHP preliminary report be forwarded to the local law enforcement agency?

A

Within 24 hours.

93
Q

Officers investigating a missing child incident shall notify what entity within how many days of the child’s disappearance?

A

School district where child enrolled / 1 days.

94
Q

Officers locating a missing person shall immediately notify which agency?

A

Attorney General’s Office.

95
Q

A missing person report shall be completed on which form?

A

CHP 216.

96
Q

When a located / found person is under 16 or “at risk”, a copy of the report shall be provided to the Attorney General’s Office within how long?

A

24 hours.

97
Q

A driver’s license inquiry made by name and date of birth will automatically be routed to which DOJ Criminal Justice Information Systems?

A

The following systems: Restraining Order System. Violent Crime Information Network / Supervised Released System. Wanted Persons System. Missing Person System.

98
Q

A registered sex offender must register within how many days or arriving in the city or county or whenever the residence has changed?

A

5 days.

99
Q

What are the sex offender categories?

A

Sex offender / Serious Sex offender / High risk sex offender.

100
Q

Which category of sex offender does Megan’s law not apply to?

A

“Sex offender”

101
Q

Is reasonable suspicion or probable cause required for an officer to release information on serious sex offenders? Is supervisor approval required?

A

Reasonable suspicion that a person may become a victim / supervisor approval is required.

102
Q

Is reasonable suspicion needed to release information on high risk sex offenders? Supervisor approval?

A

No / Yes.

103
Q

How shall the release of information on sex offenders be documented? How long is report maintained at Area?

A

CHP 216 / 5 years.

104
Q

When would an officer be required to complete a Firearms Injury Report to DOJ?

A

When the CHP is the lead investigating agency of an unintentional or self-inflicted gunshot injury with a victim 18 years old or younger.

105
Q

AMBER alerts (EAS) shall only be initiated with approval of which CHP office

A

Emergency Notification and Tactical Alert Center (ENTAC).

106
Q

Which agency determines if an incident meets AMBER alert criteria?

A

Investigating agency.

107
Q

Can a local law enforcement agency activate the EAS locally?

A

Yes.

108
Q

When will the CHP assist a local law enforcement agency the activating EAS?

A

When requested.

109
Q

Which entity actually initiates the EAS?

A

National Weather Service.

110
Q

Can CHP communication center initiate an EAS broadcast if necessary?

A

Yes.

111
Q

To be the subject of an EAS, a person must meet what conditions?

A

Seventeen years old or younger or have mental / physical disability, be in danger, Information must be available to assist in recovery, Must be a confirmed abduction.

112
Q

When can Changeable Message Signs (CMS) be used for abducted children?

A

Must meet AMBER Alert criteria and have approval from ENTAC.

113
Q

Who coordinates the activation of CMS for abducted children?

A

ENTAC with the communications center or TMC.

114
Q

Officers receiving initial reports of child abduction shall report to a supervisor.

A

True.

115
Q

What shall supervisors do upon receipt of a possible child abduction incident?

A

Notify appropriate communications center and have ENTAC notified.

116
Q

How often are officers trained on the EAS?

A

Annually.