100.9 Enforcement Documents Flashcards
Issuance of a CHP 215, Notice to Appear, is authorized by Section ___ of the California Vehicle Code (CVC).
40500
Upon issuance of any CHP 215 no corrections or additional information _____ be placed directly on the original or court copy of the CHP 215.
Shall
Departmental use of the CHP 215 includes, but is not limited to, the following:
a. As a notice to appear
b. As an arrest complaint
c. For warrant arrests
d. For statistical reporting
e. For allied agency turn-overs
f. For parental notification
___ are accountable and ultimately responsible for the control and accounting of all CHP 215s received, issued, and processed by employees of their commands.
Area Commanders
True or false
A CHP 215 ____ be prepared for each arrest.
Should
True or False
Only one CHP 215S, Continuation Document, may be attached to one CHP 215 to accommodate all the violations charged.
False
Use more if necessary
Violations committed by children under ___ years of age as pedestrians, riding a bicycle, riding a scooter, or skating may be recorded on a CHP 215 and their parents notified by mail when follow-up action other than a court appearance is desired.
18
True or False
The CHP 215 constitutes a complaint to which a defendant may enter a plea. This form meets the requirements of Section 40513(b) CVC and Section 853.9 PC and is approved by the Judicial Council of California.
True
True or False
When a person is taken into custody as the result of a warrant, a CHP 215 is to be prepared. Information relating to the type of warrant is to be entered in the violation portion of the form.
True
True or False
All information is to be printed using either a pencil (preferably #2) or a ballpoint pen with blue ink only.
False
Pencil (#2 preferred), black or blue ink is acceptable
True or False
On a CHP 215, officers should use observation and their best judgment only to determine a person’s race/ethnicity. In instances where it is determined that the officer needs to solicit the arrestee’s race/ethnicity identification, it shall be done with the utmost tact and sensitivity. The officer may explain that the race/ethnicity information is being solicited as a requirement of Penal Code Section 13125.
False
If unsure mark Other
True or False
Pursuant to Sections 40504 CVC and 853.6(d) PC, officers may request that a violator provide a fingerprint for identification when they reasonably expect a question of identity might arise. Examples include: no driver license in possession and driving with a suspended or revoked driver license.
True
Whenever it is necessary to add, delete, modify, or correct information contained on a CHP 215, a CHP ___ shall be prepared. Do not make any marks or alterations to the original or court copy of the CHP 215.
411
True or False
Officers should request the violator voluntarily provide a fingerprint prior to having the violator sign the citation, thereby releasing them on their promise to appear.
True
Officers ___ make notes [on the green copy of the CHP 215] as soon as practical after the contact.
Shall
Upon completion of a CHP 215 book, the copies are to be retained for ___. This retention period may be extended by the Area Commander.
1 year for green copies kept in a place where supervisors can review them.
True or False
During the retention period, copies should be available in the officer’s assigned Area office for supervisory review.
True
True or False
A CHP 51 will be prepared and submitted to the Area commander concisely documenting the circumstances and justification for requesting dismissal of the citation or charge by the local magistrate. If possible, all copies of the citation, except the violator’s copy, should be submitted with the CHP 51.
True
___ will monitor requests for dismissal and take necessary corrective action to ensure the appropriate use of request letters for dismissal.
Division Chiefs
True or False
Any employee altering, falsifying, destroying, or modifying a CHP 215 before it is delivered to the court is subject to departmental adverse action and may be subject to criminal prosecution initiated under Section 6200 GC, Section 40500(d) CVC, and Section 853.6(j) PC.
True
True or False
If the violator refuses to sign the CHP 215S but has signed the parent document, the word “Refused” shall be entered in the signature box and the violator shall be released.
True
True or False
In an effort to ensure registration compliance and accurate accountability for departmental registration violation statistics, the CHP 215 shall be used in lieu of the CHP 281 for violations of 4000(a)(1)VC.
True
True or False
Area commanders shall designate at least two people to be responsible for CHP 215 and 281 processing.
False
One person
Are offices MAY train and have other personnel available to assume these responsibilities in the absence of the person regularly assigned.
Section 21718 VC, non-emergency stop on a freeway, shall be cited on a ___.
CHP 215
A CHP 267 ___ be issued to unattended vehicles which are unlawfully parked or standing in violation of the VC, any federal statute or regulation, or under any ordinance enacted by local authorities.
Must
True or False
Misdemeanor parking violations (e.g., 22513(b) VC, unlawful soliciting of tow services) may be written on a CHP 215.
True
True or False
CHP Motor Carrier Specialists may clear mechanical violations relating to motor vehicles and trailers and correctable hazardous materials violations.
True
True or False
Upon completion of a CHP 422, no count may be entered on the CHP 415, Daily Field Record, unless the lower portion of the CHP 422 is completed (below perforation).
True
The upper portion of a CHP 422 ___ be assigned for follow-up investigation within ___ days.
Should/ 5 days
Original CHP 214’s are to be retained in the Area office files for a minimum of ______
6 months
A CHP 202D completed for a consent search request, where the consent was denied, shall be retained at the Area for a period of ____.
A. One year
B. Three years
C. Five years
B. Three years
CHP 216 and CHP 202Ds shall be submitted to the Area at the end of the officer’s shift for supervisory review. Reviewed forms shall be retained in an established Area file for \_\_\_\_. A. 2 years B. 3 years C. 5 years D. 7 years
B. 3 years
According to Departmental policy, Officers ______ charge 16028(a)VC, evidence of financial responsibility, when citing a person for a VC violation and they cannot provide adequate proof of insurance.
A. Should
B. Shall
C. May
D. Must
B. Shall
