100.69 General Law Enforcement Policy Manual Flashcards
Officers should or shall arrest all felony suspects?
Shall.
An arrested person has the right to make how many phone calls?
3
An arrestee has the right to make phone calls immediately upon what and no later than how long after the arrest?
Upon being booked; 3 hours after arrest.
If an officer advises that he has a refusal to sign the 215, what shall the supervisor do?
Shall determine appropriate course of action and respond to the scene as necessary.
Can a violator be released from custody for refusal to sign once booking has begun?
No. Violator is in the custody of the jailer once booking has begun.
Misdemeanor violations should be cited and released unless one of the following exists.
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.
When shall an officer advise a minor of constitutional rights (Miranda)?
Immediately upon being taken into custody.
Are officers required to notify a relative after arresting a minor?
Shall take immediate steps to notify a relative of the minor.
A minor in custody has the right to make how many phone calls within how long after the arrest?
2 phone calls within 1 hour of the arrest.
A phone call made by a minor in custody must be in the presence of an officer or employee.
True.
Can a minor be temporarily detained in a secured jail facility?
No.
Under what conditions can an officer permit the secure detention of a minor in a lockup facility?
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.
When a minor is detained in a secured lockup facility, what conditions must be met?
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.
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?
Yes. Can not be placed in a secure room or have contact with in-custody adults. Final disposition must take place in 6 hours.
A minor who refuses to sign the 215 can not be taken into custody?
False. Take into custody.
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?
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.
When deciding to arrest a person with an outstanding warrant, the bail amount should be a determining factor?
False. Bail amount shall not be a criteria for deciding to arrest for an arrest.
Should officers routinely conduct field checks for outstanding warrants?
No. Shall not conduct field checks for warrants unless reasonable suspicion exists.
Officers are authorized to cite and release for misd. warrants except when?
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.
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?
Yes. Agency issuing the warrant must take custody of suspect within 5 days.
Officers should or shall accept custody of all persons arrested by private persons?
Shall.
When can an officer accepting a private person’s arrest cite and release the arrestee?
When the offense is a misdemeanor and does not require a mandatory appearance.
What shall be entered in the special box of the 215 for a private person’s arrest?
“Private person’s arrest”
For a private person’s arrest, where does the arresting person’s info go on the report?
Witness section.
For a private person’s arrest, what should the officer do if he / she knows there was insufficient probable cause for the arrest?
Release from custody and fill out a CHP 103. Document on a memorandum to Area.
Upon the arrest of public or private school employees for specified drug violations, who shall be notified? How? How long?
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.
Notification to school authorities for employees arrested for specified drug violations should or shall be documented in the arrest report?
Shall.
What is the state limit for possession of marijuana for medical purposes?
Eight ounces of dried marijuana; no more than 6 mature or 12 immature plants.
For medical marijuana purposes, can a person possess more than the state limit if the local city or county has adopted a higher limit?
Yes. Local limits supercede state limits.
Beside the patient, who else may legally possess marijuana for medical purposes?
The primary caregiver.
How can an officer verify the validity of a medical marijuana card?
For a state issued card, have dispatch access the DHS website. For a local card, have dispatch contact the number on the card.
If the medical marijuana ID card is valid, what shall the officer do?
Release the person and do not seize the marijuana (if within state / local limits).
Can a person claim exemption for medical marijuana by producing just a written recommendation from a doctor?
Yes. Officers should use professional judgment to determine the validity of the person’s claim.
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.
True.
What if a person has a valid medical marijuana card but is over the state / local limits?
Take enforcement action and seize all of the marijuana.
A qualified patient or caregiver of medical marijuana is not allowed to cultivate marijuana.
False. Can cultivate within state / local limits.
For marijuana possession, transportation, giving away, or driving a motor vehicle while in possession, under what condition is cite and release mandatory?
Amount does not exceed 28.5 grams (1 ounce).
For possession of marijuana in excess of 28.5 grams, officers should or shall physically arrest?
Should.
When the Department handles a hate crime, what shall the victim be provided?
Rights of Hate Crime Victims brochure (CHP 876) and Right to Privacy Acknowledgment (CHP 174)
Does a victim of a hate crime have the right to have his or her name and address withheld from the 202 or 216?
Yes. In that case the CHP 174 becomes the face page. Use John / Jane Doe with no address.
Is a CHP 103 used to release a person from arrest when only a 215 was issued?
Yes. Arrest includes the issuance of a 215.
Who should normally issue a CHP 103?
Supervisor.
Supervisors should or shall have CHP 103s in their possession?
Shall.
Is a CHP 103 issued when the Department no longer has physical control over the person?
Yes, if prior to arraignment.
Off-duty enforcement is discouraged and should not be conducted unless the violation poses a danger.
True.
When shall officer involved in off-duty enforcement notify the Area?
As soon as practical.