2024 QRT Questions Flashcards

1
Q

Does observing an open partial bottle of beer on the driver’s seat during a traffic stop provide probable cause to search the passenger compartment for more open containers of alcohol?

A

Yes - you have probable cause to search for more open alcoholic beverage containers. (Molina (1994) 25 Cal.App.4th 1038; Carter (1985) 163 Cal.App.3d 1183)

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2
Q

Do you need reasonable suspicion or probable cause to conduct registration checks on vehicles traveling on public roadways?

A

No - CPOLS, states, “It is lawful t run a random license plate check on a vehicle you see in a public place (or a place you have a right to be), even if you have no reasonable suspicion of criminal activity. This is because there is no expectation of privacy in a license plate on the exterior of a car being driven in public (Diaz-Castaneda (9th Cir. 2007) 494 F.3d 1146, 1151; see also Class (1986) 475 U.S. 106, 114–no expectation of privacy in VIN)

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3
Q

You conduct an enforcement stop on a vehicle after observing a seatbelt violation. The driver happened to be in front of their residence and legally parked the car along the curb. You obtain the driver’s license and learn they are subject to an outstanding arrest warrant. You arrest the driver and store the vehicle pursuant to 22651 (h) VC and inventory its contents prior to towing. While conducting the inventory, you locate a loaded handgun and a large quantity of narcotics in the trunk of the vehicle. Was the inventory lawful?

A

No, storing the vehicle was not lawful because there was no community caretaking function.

CPOLS, states, “The impound of a car lawfully parked outside the driver’s residence was unlawful absent evidence that impounding it served any “community caretaking” function. In general, community caretaking tows “address present, location based obstacles to public safety or convenience.” Courts have considered the following questions: Was the car legally parked? Would the car be stolen, broken into, or vandalized where it was parked? Was it blocking a driveway or a crosswalk? Did it pose a hazard or impediment to other traffic? Would leaving it there result in its immediate and continued unlawful operation by an unlicensed driver who could merely return to the vehicle and drive away? The size and inherent mobility of cars make them susceptible to theft and vandalism.

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4
Q

Per GO 100.9, Search and Seizure Policy, which of the following is NOT a requirement in order to conduct a consent search

  • Consent must be granted freely and voluntarily
  • The person granting consent mut have standing over the items to be searched
  • The scope or limitation of the search must be defined and cannot be exceeded by the officer
  • The person granting consent has the right and the ability to withdraw consent at any time
  • The consent search must be witnessed by a second uniformed employee
A
  • The consent search must be witnessed by a second uniformed employee

Per General Order 100.91:
1. Consent must be granted freely and voluntarily. uniformed employees must avoid sending any message that compliance with the request is mandatory or required
2. the person granting consent must have standing over the items to e searched
3. the scope or limitation of the search must be defined and cannot be exceeded by the officer
4. the person granting consent has the right and the ability to withdraw consent at any time.
5. uniformed employees shall not request consent from an individual absent reasonable suspicion or probable cause. this does not preclude an officer from requesting consent when circumstances establish a threat to office safety
6. upon supervisor approval, uniformed employees may request consent form an individual to search their person, house, papers, or effects whenever reasonable suspicion or probable cause exists to believe a crime will occur, is occurring, or has occurred.
7. A CHP 202D shall be completed by the uniformed employee for all consent searches and signed by the individual granting consent prior to conducting the search. No search shall be conducted if the subject refuses or is unable to sign the CHP 202D

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5
Q

You receive a call of a pedestrian standing in the gore point of a freeway on-ramp. Upon your arrival at the scene, you contact the pedestrian, who is standing in the gore point and has a shopping cart full of what they tell you is their property. You advise the pedestrian that they are not allowed to be on the freeway and that you will assist them off the freeway. The pedestrian tells you they are not going to leave and that they believe you are an agent of the Central Intelligence Agency. The pedestrian fails to comply with your repeated direction to exit the freeway. You decide to take the pedestrian into custody and tell them to turn around and place their hands on their head. The pedestrian stares at you and does not move. What level of force are you justified using to take the pedestrian into custody?

  • Intermediate Force
  • Nondeadly Force
  • Deadly Force
A
  • Nondeadly Force

Non deadly Force. nondeadly force is any force likely to have minimal risk of causing injury to the subject

Use of Force-General. It is the policy of the department that officers may use force which is objectively reasonable to defend themselves or others, affect an arrest or detention, prevent escape, or overcome resistance. An officer may only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance. An officer who makes or attempts to make an arrest need not retreat or desist from their efforts by reason of the resistance or threatened resistance of the person being arrested. An officer shall not be deemed an aggressor or lose the right to self-defense by the use of objectively reasonable force to affect the arrest, prevent escape, or overcome resistance. Officers need not wait for injury to occur to themselves or the public before taking action to prevent it. It is recognized that circumstances may arise in which officers reasonably believe it is impractical or ineffective to use any of the standard tools, weapons, or methods provided by the department. Officers may find it more effective or practical to improvise their response to tense, uncertain, and rapidly evolving conditions by the use of any tool, method, or weapon of opportunity. While policy cannot realistically predict every possible situation, the decision regarding which force option to select should be guided by the following key principles:

  1. Sound professional judgment and critical decision making
  2. Use of force that is objectively reasonable based on the totality of the circumstances perceived by the officer at the time, as provide by law, an din conformance with departmental policy
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6
Q

The discharge of a firearm at a wrong-way, high speed, reckless driver or vehicle solely on the assumption that other persons may be injured or killed unless the driving act is terminated ______.

  • may be authorized
  • is authorized
  • is not authorized
  • requires supervisor approval
A
  • is not authorized

An officer may discharge their firearm when objectively reasonable, based on the totality of the circumstances. Officers should consider their surroundings and potential risks to bystanders before discharging a firearm.

  • Shooting at a vehicle. Firearms, when discharged at a vehicle, moving or stationary, shall be done in accordance with this chapter.
    a) The discharge of a firearm at a wrong-way, high-speed, or reckless driver or vehicle Soley on the assumption that other persons may be injured or killed unless the driving act is terminated is not authorized
  • Shooting from a vehicle. - Firearms, when discharged from a departmental vehicle, moving or stationary, shall be done in accordance with this chapter
  • Shooting from an aircraft. - Firearms shall not be discharged from a departmental aircraft except in accordance with this chapter, and only when the aircraft is not in flight.

HPM 70.6, Officer Safety Manual, Chapter 1, Use of force

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7
Q

How many primary types of departmentally approved control holds are there? From which position can an entry into a control hold be made?

-Four, and from the strong side
- Two, and achieved from almost any position (facing, side, and rear)
- One, and achieved from almost any position (facing, side and rear)
- Two, and from either the weak side or strong side

A
  • Two, and achieved from almost any position (facing, side, and rear)

There are two primary types of departmentally approved control holds: twist lock and bent wrist. The choice of which type of control holds can be achieved from almost any position (e.g., facing, side, and rear)

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8
Q

You arrest a suspect who is extremely combative, flailing and kicking while in handcuffs. To prevent injury to the suspect and officer, you apply the nylon leg restraint. You are solo in your patrol vehicle; where do you place the suspect in the patrol vehicle?

  • Place the suspect in a prone position with their head turned toward the rear of the patrol vehicle
  • Place the suspect in a prone position with their head turned toward the front of the patrol vehicle
  • Place the suspect on their side, in a position that allows you to continuously observe and closely monitor the suspect for any possible complications (e.g., breathing problems).
  • None of the above
A
  • Place the suspect on their side, in a position that allows you to continuously observe and closely monitor the suspect for any possible complications (e.g., breathing problems)

1) When practical, use a minimum of 3 people to carry 1 prisoner to the patrol vehicle. When placed in the patrol vehicle, the prisoner shall be placed on their side. This will help avoid “positional asphyxia” wherein the prisoners breathing is seriously impaired.

2) The rear seat belts should be used to further restrict the prisoner’s movements

3.) An officer shall continually observe and closely monitor the prisoner for any possible complications (e.g., breathing problems). Use extreme caution when removing the prisoner from the patrol vehicle. Safety factors and available resources (additional officers and/or equipment) should be considered before removing the restraint from the prisoner’s ankles.

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9
Q

You make an enforcement stop on a vehicle for a moving violation. During your enforcement stop you discover the driver has an outstanding felony warrant. You have the suspect exit the vehicle and you observe they are wearing a short skirt. You use the appropriate arrest and control technique to put them in handcuffs and begin the search. In this situation, would it be appropriate to perform the groin rake?

  • No
  • Yes
A
  • No

Officers should avoid skin-to-skin contact with an arrestee. Exceptions to this would be if an officer has located a weapon, evidence, and/or contraband and skin-to-skin cannot be avoided to remove the items.

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10
Q

While on patrol conducting Radio Detection and Ranging (RADAR) speed enforcement, you observe a vehicle driving at a high rate of speed. You visually estimate the vehicle’s speed to be approximately 90 mph. Using the RADAR, you confirm the vehicle’s speed is approximately 92 mph. You position your patrol vehicle behind the suspect vehicle and activate your patrol vehicle’s forward-facing emergency lights and siren. The vehicle fails to yield as it accelerates at a high rate of speed. You make the decision to pursue the suspect vehicle and advise dispatch of the pursuit. After evading for several miles, the suspect vehicle exits the freeway and enters city streets. What is the most appropriate method to maneuver through intersections?

  • Follow the suspect vehicle as closely as possible
  • Look left, to the front, then proceed
  • Look left, front, right, then left again before proceeding. Make eye contact with other drivers or pedestrians at the intersection who appear to be yielding the right-of-way. Be prepared to stop if necessary.
  • Proceed through the intersections. The motoring public will always yield to your patrol vehicle’s lights and siren
A
  • Look left, front, right, then left again before proceeding. Make eye contact with other drivers or pedestrians at the intersection who appear to be yielding the right-of-way. Be prepared to stop if necessary

Intersections pose one of the greatest risks for collisions face by the law enforcemetn driver. Defensive drivers, even if they have the right-of-way, visually clear intersectiosn by looking for cross traffic and pedestrians. A defesnive driver should always assume every lane is ocupied until they can see otherwise.

The following identifies appropriate methods for clearing intersections.

Clearing intersections:
1) Look left, front, right, then left again before proceeding
2) Make eye contact with other drivers or pedestrians at the intersection who appear to be yielding the right-of-way
3) Be prepared to stop if necessary

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11
Q

You are working an unincorporated portion of your assigned beat when you receive a call from dispatch advising you of a broken window at the local DMV. You respond and arrive on scene to discover that a window near the entrance ahs been broken. You contact teh DMV employee waiting outside of the entrance. The DMV employee informs you that an unkown individual was sleeping in the bushes outside of the DMV. When teh individual was asked to elave, they picked up a rock and threw it at the window. The DMV employee advises that the individual then fled the scene on foot. What is the appropriate documentation for this incident?

  • CHP 216 and STD. 99
  • CHP 202 and STD. 99
  • CHP 216 and CHP 246
  • CHP 271 and STD. 99
A
  • CHP 216 and STD. 99

CHP personnel shall record all calls for service to state-owned or state-leased properties. It is necessary to adhere to this practice whether a call for service is founded or unfounded. All documentation shall be completed using teh appropriate departmental forms.

In this instance a property crime was committed on state property so the following forms would be required.

CHP 216. Arrest-Investigation Report. - A CHP 216 shall be completed for all criminal investigations conducted by teh CHP on state-owned or state leased property, when an investigation commences on state property where an alleged suspect or victim is identified, or when it is likely a follow-up investigation will be required.

STD 99. Report of Crime or Criminally Caused Property Damage on State Property. - The STD. 99 shall be prepared for all reported crimes and criminally caused property damage occurring on state-owned or staete-leased property. Utilizing the STD. 99 shall be the process by which the Department fulfills the GC Section 14613.7 requirement.

Reference: HPM 100.70, Safety Services Program Manual, Chapter 3, Crime Incident Reporting

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12
Q

While on patrol, you are dispatched to a call of an 11-25 vehicle blocking the northbound lane of a rural state highway. After stopping northbound traffic, you position the patrol vehicle behind the disabled vehicle. Utilizing the push-bumpers, you push the vehicle to a wide right shoulder of the highway. Once safely on the shoulder, you ask the driver what happened. The driver relates they ran out of gas and tell you they already requested a tow truck which should arrive within 15 minutes. You ask the driver if they would like you to wait with them until the tow truck arrives. They state they are fine and you don’t need to stay with them. You leave the scene and continue patrolling. Was a special relationship established?

  • Yes, Since you utilized your patrol vehicle’ s push bumpers, you created a special relationship
  • No, you did not establish a special relationship
  • Yes. Although you did not place them in peril or increase their harm, you did contact the party, move the vehicle from the lane to the shoulder, thus creating a special relationship
A
  • No, you did not establish a special relationship
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13
Q

When nonconsensual blood draws are conducted at an Area office or a CHP facility, only Safety Restraint Chairs (SRCs) approved by the Department shall be utilized, with limited exceptions. If an officer forms the opinion that utilizing the SRC would cause the subject to become combative, the officer _____ seek approval from a Sergeant or OIC to NOT utilize the SRC

  • Should
  • Shall
A
  • Shall

Officers shall use sound professional judgment when dealing with cooperative, passive resistive, or noncombative subjects during a nonconsensual blood draw at an Area office or CHP facility. If the officer forms the opinion that utilizing the SRC would cause the subject to become combative, the officer SHALL seek approval from a Sergeant or OIC to not utilize the SRC. If at any time the subject becomes uncooperative, resistive, or combative the SRC shall be utilized.

Reference: MM 23-022, Use of Safety Restraint Chairs for Nonconsensual Blood Draws

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14
Q

When booking evidence or property, when is the blue sensitive item serialized tape required to be used?

  • At all times
  • When the items are associated with a felony crime
  • When the items are controlled substances
  • When the items are controlled substances or money
A
  • When the items are controlled substances or money.

All packaged items shall use red evidence tape to cover the overlapping ends of the strapping tape to create the evidentiary seal where the booking officer will write their initials, ID, and date across, with the exception of controlled substances and money, which require the blue sensitive item serialized evidence tape strips. The blue sensitive item serialized evidence tape strips may also be used for items of value such as jewelry. Should the blue evidence tape be used, the serial number shall be noted for that item in the evidence management software.

Reference: HPM 70.1, Evidence Manual, Chapter 5, Packaging of Evidence/Property for Booking

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15
Q

When demonstrators link themselves together or physically resist arrest by bringing their arms and legs close to their body, they must sometimes be separated by applying a pressure point stimulus for distraction before a control hold can be applied. A pressure point stimulus produces a slight but sudden degree of controlled pain which diverts the subject’s attention to the pressure point and away from the strength of their arms. At that instant, the officer or partner officer can pull the subject’s arm free and apply a control hold. Which of the following is NOT an approved technique.

  • Mastoid Nerve Distraction
  • Salivary Gland Distraction
  • Sternum Distraction
  • Rib Distraction
  • Thumb Grip Distraction
A
  • Thumb Grip Distraction

The following are examples of some of the various distractions that may be used without wooden dowels.

1) Mastoid Nerve Distraction - With the thumb or index finger, the officer applies upward and inward pressure on teh subject’s mastoid nerve which is located under teh earlobe at the end of the jawline. The officer should brace the opposite side of the subject’ shead as the distraction is being applied to prevent the subject from moving away from teh stimulus

2) Salivary Gland Distraction - Place teh index and middle fingers inside teh suspect’s bony jawline at the apex of the jaw into the soft tissue at the root of the tongue. Push the fingers inward and upware into the soft tissue where the salivary gland is located.

3) Sternum Distraction - The sternum distraction is useful with supine subjects who are linked together or with a subject whose arms are tightly crossed. Place the knuckle of the middle finger into the middle of the subject’s sternum and apply downare pressure. The subject should immediately loosen their grip.

4) Rib Districation - A pinch or poke to the ribs can serve as a quick distraction

5) Pinch Distraction - A sudden pinch to th esoft tissue inside the subject’s arm or thigh is an effective distrcation

Reference: HPM 50.6, Special Response Team, Chapter 2, Training

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16
Q

Under most circumstances, the rear amber flashing lights ___ be activated prior to the front red light. Turn signals ____ be used in conjunction with the rear amber lights to provide an indication of intended patrol car direction.

  • shall, shall
  • should, shall
  • should, should
  • shall, should
A
  • should, should

Under most circumstances, the rear amber flashing lights should be employed prior to the front red light. This indicates to those behind that a hazard may exist. Turn signals should also be used in conjunction with the rear amber lights to provide an indication of intended patrol car direction

17
Q

You and your partner are working your assigned graveyard beat monitoring radio traffic while traveling down a two-lane highway. A neighboring area broadcasts reports from a 9-1-1 call of a black ram pickup which ran the caller off the road. The caller provided the truck’s license plate number, location, and time of the incident. Approximately 18 minutes later you observe the pickup traveling int eh opposite direction. It takes you approximately 5 minutes to safely make a U-turn and catch up to the pickup. You confirm the license plate matches the 9-1-1 call and make an enforcement stop. You determine the driver was hauling 30 pounds of marijuana in the bed of the truck. Was this detention of the black Ram pickup lawful?

  • Yes. Even without the officer personally observing the indicia of impaired driving, the 9-1-1 call was sufficient to provide reasonable suspicion that the driver had committed a traffic offense in running another vehicle off the road
  • No. You did not observe any reasonable suspicion that the driver had committed a traffic offense and the enforcement stop of the vehicle was unlawful
  • Yes. You are the California Highway Patrol
  • No. a 9-1-1 call does not constitute reasonable suspicion for a detention.
A
  • Yes. Even without the officer personally observing the indicia of impaired driving, the 9-1-1 call was sufficient to provide reasonable suspicion that the driver had committed a traffic offense in running another vehicle off the road

The detention was lawful.

CPOLS, states, “In Navarette, the Supreme Court recognized tha tmodern day 9-1-1 calls are rarely “anonymous.” A 9-1-1 call can be recorded, which would allow investigators or victim of a false tip to identify a caller. And if a 9-1-1 call is made from a cell phone, the phone number is relayed to 9-1-1 dispatchers and service carriers are required to identify the caller’s geographic location. Officers therefore may rely on information reported ina 9-1-1 call in forming reasonable suspicion for a detention.

18
Q

Officers are directed to form crowd control formations through the use of both visual and verbal commands. Since noise generated by crowds may impede the use of verbal commands, officers should look to the unit leader for visual commands which will dictate the desired formation. Both visual and verbal commands are divided into two parts: the command of preparation adn the command of execution. The unit leader will issue a verbal command of preparation to the unit by loudly shouting the unit to be addressed (e.g., “Squad 1”) and the entire unit will respond in acknowledgement by repeating ______?

  • Go ahead
  • Copy all
  • The division they are from
  • Squad 1
A
  • Squad 1

Both visual and verbal commands are divided into two parts: the command of preparation adn teh command of execution

a) the unit leader will issue a verbal command of preparation to the unti by loudly shouting th eunit to be addressed (e.g. Squad 1) and the entire unit will respond in acknowledgment by repeating the unit leader’s command (eg, squad 1)

b) in the even there are multiple squads, the unit leader will issue a verbal command of preparation to the multiple squads by loudly shouting the squads being addressed (Squads 1 and 2) the squds being addressed will respond in acknowledgment by repeating “Squad”

c) If the unit leader issues a verbal command of preparation to multiple squads, such as a company, (eg company) the squads being addressed will respond in acknowledgement by saying “Squad”

Reference: HPM 50.5, Civil disturbance palnning and operaitons manual, Chapter 5, Tactical Formations an dMobile tatics

19
Q

You are headed to lunch with your beat partners when you are dispatched to a multi-vehicle crash on an uninfcorporated street. You arrive on scene and observe three clearly injured drivers standing next to their respective vehicles. You begin to interview each one and you notice a slight odor of an alcoholic vbeverage emitting from one of th einvolved drivers. You conduct Field Sobriety Tests, determine the driver is under the influence and place them under arrest. The other drivers rae treated for their injuries and leave the scene. Your beat partners tell you to hurry soyou can meet them for lunch. You ask the in-custody if they would like to be treated for the cut to their eyebrow, sustained in teh crash. The in-custody states that they are fine and don’t need to see a doctor. You transprot your in-custody straight to the jail, complete your booking as quickly as you can, and meet your beat partners for lunch. Two hours later, the office receives a call from teh jail advising that the in-custody was transported to the hospital and is in critical condition with a possible brain bleed. Was there anything more that should have been done?

  • No. You completed your investigation, arrested the impaired driver, and offered treatment. The subject stated they did not want any care and they were placed in the care of another agency.
  • Yes. You established a special relationship. When you place someone in custody, you create a special relationship and are required to ensure all avenues of care have been completed.
A
  • Yes. You established a special relationship. When you place someone in custody, you create a special relationship and are required to ensure all avenues of care have been completed.

A special relationship is created once you palce someone into your custody. While in your care, you are resquired to ensure all avenues of care have been complteed before booking at ath ejail. In this scenario, the in-custody was inovlved in a traffic crash and needed to be transported to the hospital for a medical clearance and/or treatmet prior to booking at th ejail.

A peace officer owes a duty of care to the public when teh offier:
1. Places a person in peril
2. Affects or increases the risk of harm to a person by specific conduct
3. Creates a special relationship by making an expresed or implied promise to undertake specific conduct on behalf of an individual that individual detrimentally relies on that proimes or
4. Places a person in custody

Reference: HPM 100.86, Risk Management Manual, Chapter 8, Special relationships

20
Q

You are working swing shift in an unincorporate major metropolitan area and your shift is short staffed. You’re working a very time-consuming, multi-vehicle crash when you receive a call of a subject wearing a dark hooded sweatshirt with black pants, agitating customers in front of a business. The reporting party referred to the suspect’s cognitive problems and linked them to a nearby homeless camp. You are familiar with the business which is located in a high-crime area with heavy with foot traffic. Two hours later you clear your crash and respond to the business. You locate an individual sitting 80 yards away from the business, patching the description given by dispatch. You attempt to speak with the individual and ascertain their identity, but they refuse to talk with you and being to walk away. You detain the subject, perform a preliminary frisk forweapons, and locate and remove a knife. While doing so, you observe a credit card with the suspect’s name on it. You perform a records check on the name which returns with informal searchable probation. You then perform a stnading search and locate cocaine. Was this detention lawful?

  • No. The circumstances do not justify a detention and preliminary frisk.
  • Yes. The circumstances justify a detention and preliminary frisk
  • Yes. Your hunch was enough to make the detention lawful
A
  • No. The circumstances do not justify a detention and preimlianary frisk

The circumstances do not justify a detention and preliminary frisk

CPOLS states, “ It is important to remember that a detention can never be based on ahunch. Rumor, institution instinct or curisity You must ahve specific facts justifyig your suspicion , an dyou mest be able t oacrticulate themse to a ocourt. The must have spefic

Reference: California pacific peach and liverty hst instantcs

21
Q

When officers are involve din or witness an incidetn in which they believe excessive force is currently or make have bene used by ____, htey ____ take immediate decision to stop the excesive force.

  • another CHP employeed, should
    any peace officer
A
  • Any peace officer, shall

When officers are involved in or witness an incident in which they believe excessive force is curretnly or may have ben used by any peace oficer, They shall take immediate action to stop the excessive force.
1) The officer’s actions shall be reaosnable and prudent, based upon the circumstances.
2) The officers’ actions shall include verbal and r physical intervention necessary to stop the use of exxcessive force.

3) Following the incdient, the ofcier shall immediately notify a CHP supervisor and submit a report in accordance with GO 100.39, thoroughly documenting the evenidecs

22
Q

You are investigating a felony hit-and-run crash. the passenger of the suspect vehicle gives you the identity of the driver who fled the scene on foot. After interviewing the passenger you do not have reason to believe that alcohol or drugs were a factor in the crash. Three hours later, you respond to the suspect’s residence and find the driver standing in their open garage, which is attached to their house. You walk into the garage and arrest the suspect for felony hit and run. Was your entrance into the garage without a warrant lawful?

-Yes. You have probable cause and therefore can enter the garage to make the arrest.
- Yes. You may enter the garage to make an arrest based up on the exigency of ‘fresh pursuit”
- No. The garage is part of the home and cannot be entered without a warrant absent some other warrantless search authority.
- Yes. the garage door is open and therefore the suspect has no expectation of privacy

A
  • No. The garage is part of the home and cannot be entered without a warrant absent some other warrantless search authority.

CPOLS, sates, “everyone can reasonably expect privacy inside his or her own home–at least to the extent that no officer will enter unless the officer has a warrant, exigent circumstances exist, consent has been obtained, or someone in the home is on parole, post release community supervision, or searchable probation.

Additionally the 9th circuit court ruled that a person’s garage is as much a part of the home as the rest of the premise

23
Q

You are investigating a potential impaired driver and there is a language barrier between you and the subject. You determine the subject is in violation of 23152(a) VC and palce them under arrest. Due to the language barrier, the subjct is not able to understand your commands. What is your best option to place the subject in handcuffs?

  • Have your partner act out what you want the subject to do
  • Select an intermediate use of force option due to the subject not following commands
  • Use the appropriate entry (e.g., facing, side, or rear) into a bent wrist control hold
  • Both A & B
A
  • Use the appropriate entry (e.g., facing, side, or rear) into a bent wrist control hold

Although entries into control holds are typically used for passive non-compliant subjects, in this circumstance, an entry into a control hold would be the most appropriate option based on officer and suspect safety concerns.

24
Q

You are working a graveyard shift at the State Capitol. While on foot, you notice an individual passed out on a bench across the street from state property. You approach and believe the individual is passed out from drinking alcohol. They are breathing, but do not respond to vocal commands or attempts to awaken them. You begin to check the individual for a Medic-Alert card in their wallet, where you find contraband. A warrantless search in this instance is lawful, true or false?

A

True

CPOLS, states, “A rue emergency situation or “exigency” will allow you to search a person, just as it will allow you to search a house, vehicle, or anything else. But this exception ot the general warrant requirement is fairly narrow. Typically, it arises - - with reference to people – when you are giving assistance during a medical emergency

Example: Officer discovers a man passed out form drinking and is checking for a Medic-Alert card in his wallet when he finds contraband. The warrantless search would be valid

25
Q

You are on patrol when you receive a radio call from dispatch advising you of an 1179, within an unincorporated area of your beat. While responding to the crash, you begin ascending a steep hill. You observe slower traffic ahead of your patrol vehicle and decide to pass traffic to the left. You recognize passing traffic on an incline presents its own unique driving hazards. Which of the following enforcement driving techniques should you consider while passing traffic on an ascending grade?

  • Down shift to assist decelerating the patrol vehicle to a safe passing speed
    -No special driving considerations exist
  • Maintain momentum and retain straight-line stability with steady throttle pressure as you accelerate
  • Accelerate quickly to pass slower traffic before a vehicle abruptly changes lanes in front of you
A
  • Maintain momentum and retain straight-line stability with steady throttle pressure as you accelerate

Ascending a grade puts a greater demand on the engine than driving on level roadways, and means a lesser rate of acceleration than the vehicle is normally capable of. When passing other traffic on a hill, an officer must allow a longer distance to complete the pass. Think about other drivers in the line of traffic which is being passed. Another car could change lanes abruptly in front of an officer in order to pass a slow truck. If the passing speed is too great, a collision will be unavoidable. Plan a pass that will allow for a hole to pull back into if the passing movement takes longer than anticipated.

26
Q

Due to concerns regarding employees exposure to contagious and infectious diseases caused by spitting prisoners, the department has identified a polyester hood (spit sock) which can be placed over a prisoner’s head to reduce or eliminate exposure to contaminants from the saliva of such prisoners

If circumstances warrant the use of a spit sock and one is no available, what may be used in its place?

  • The hooded jacket of the in-custody
  • Medical bandages
  • No other device shall be attached or affixed to the head, face, or mouth of a spitting prisoner
A
  • No other device shall be attached or affixed to the head, face, or mouth of a spitting prisoner

In the absence of a spit sock, no other device shall be attached or affixed to the head, face, or mouth of a spitting prisoner. This includes the use of medical bandages or the prisoner’s clothing

27
Q

After completing your regular work shift, or overtime shift, the completion and submission of the day’s ATS must occur:

  • Within 24 hours of the end of the work shift
  • Before the start of the next business week.
  • Before the next FLSA period ends
  • Prior to the end of the work shift
A
  • Within 24 hours of the end of the work shift

The CHP 415 must be completed by each affected officer or sergeant according to the guidelines in HPM 40.71, CHP 415 User’s manual, and forwarded to the person designated by the commander within 24 hours of the end of each work shift

28
Q

Any officer who has reasonable cause to believe that the person to be arrested has committed a public offense _____ use objectively reasonable force to effect the arrest, prevent escape, or to overcome resistance

  • Shall
  • Can
  • Should
  • May
A
  • May

Any officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use objectively reasonable force to effect the arrest, prevent escape, or to overcome resistance

29
Q

If at any point the medical professional collecting the sample in accordance with HPM 70.4, Chapter 5, paragraph 4.b, determines that in their opinion the level of the subject’s resistance creates an undue risk of injury, the nonconsensual blood draw procedure ______ be terminated

  • May
  • Should
  • Shall
A
  • Shall
30
Q

The CHP 330, Emergency Medical Report, is used to document contacts with ill or injured persons by any employee trained in Public Safety First Aid (PSFA). The CHP 330 _____ be completed for all emergency medical service incidents, even if multiple departmental personnel provided aid

  • Should
  • Shall
  • May
A
  • Shall
31
Q

While on routine patrol at approximately 0200 hours, you and your partner observe a red Chevrolet pickup traveling without functioning headlights. AS the vehicle travels past your location you observe the rear taillights are also not illuminated. you position your patrol vehicle directly behind the pickup and initiate a traffic stop. The driver yields to a parking lot of an apartment building. You contact the driver and advise the driver the reason for the stop. While speaking to the driver, your partner obtains the passenger’s information. The passenger relates to your partner they are on parole. The driver of the vehicle is not on parole and is the registered owner of the vehicle. Can you conduct a parole search of the passenger compartment of the vehicle?

  • No, the driver is the owner of the vehicle therefore their car is not subject to a parole search.
  • You must gain consent from the driver and establish what items belong to the driver before the search
  • Youi can only search the passenger’s person due to not being able to establish what items in the car belong to the person on parole
  • You may search the passenger compartment of the vehicle
A
  • You may search the passenger compartment of the vehicle

If property is located within the interior of the car when a parolee is a passenger in the vehicle, a search of the passenger compartment is permitted

32
Q

While on patrol, you observe a blue Ford Mustang traveling at a high rate of speed ahead of your patrol vehicle. You accelerate and position your patrol vehicle behind the Ford and initiate a traffic stop. As you approach the vehicle, you instruct the driver to roll the front passenger side window down and the driver complies. While talking with the driver, you observe a loaded magazine on the right front passenger floorboard. With officer safety in mind, you request an additional unit. You instruct the driver to exit the vehicle. The driver complies and is detained. Based upon observing the magazine on the floorboard, what type of search would be reasonable?

  • Cursory Search
  • Protective Search
  • Exigent Circumstance Search
  • Search incident to arrest
A
  • Protective Search

A protective search is a limited warrantless search of the passenger compartment of the vehicle for weapons and weapons only. This does not include the areas extended from the passenger compartment such as a trunk

33
Q

You are working day shift and make an enforcement stop on a vehicle for speeding. While contacting the driver, you smell the overwhelming odor of what you know to be fresh leaf marijuana, emitting from within the subject vehicle. You ask the driver if they have any marijuana inside of the vehicle. The driver tells you they just left the marijuana dispensary, and the marijuana is inside their backpack, located in the backseat. You ask the driver how much marijuana is in the vehicle, and they relate, “I think an ounce.” You request the driver to show you how much marijuana is inside of the backpack. Upon opening the backpack, it is obvious the driver Is in possession of more than one ounce of marijuana. You subsequently detain the driver, place them into the rear of your patrol vehicle and being to search the subject vehicle for marijuana. While searching the trunk of the subject vehicle, you located two more large backpacks full of leaf marijuana, totaling two pounds, was the search of the trunk legal?

  • No. The search of the trunk was not legal due to not having probable cause
  • Yes. The search of the trunk was legal. Due to the driver being in possession of more than one ounce of marijuana, you had probable cause to continue to search for more marijuana
  • No. Marijuana is legal in California; therefore, you had no reason to search the suspect vehicle.
  • No Possession of marijuana is only an infraction
A
    • Yes. The search of the trunk was legal. Due to the driver being in possession of more than one ounce of marijuana, you had probable cause to continue to search for more marijuana

The search of the trunk was legal. 11357(b) of H&S code makes it illegal to possess more than 28.5 grams (one ounce) of leaf cannabis and/or eight grams of concentrated cannabis. Due to the driver being in possession of more than 28.5 grams of leaf cannabis, the driver was in violation of a misdemeanor. The officer had probable cause to search the entirety of the subject vehicle for more cannabis, thus the search was legal

34
Q

While driving through your area you observe a vehicle parked up on the right shoulder of the freeway. You pull the patrol vehicle directly behind the vehicle and run the license plate. The plate returns to a stolen vehicle. You safely approach the vehicle and determine the vehicle is unoccupied. Can the officer search the vehicle even though they can clearly see through the non-tinted windows there are no weapons or people inside?

  • No. An officer can do a vehicle inventory, but they can not search the vehicle
  • No. There needs to be probable cause or consent from the owner of the vehicle.
  • Yes. You may search the vehicle because it was involved in a crime
  • No. Advise the owner of the vehicle they can come pick it up and the items inside can be kept or thrown away.
A
  • Yes. You may search the vehicle because it was involved in a crime

Once you determine the car is stolen, you can search the vehicle because the vehicle itself is evidence/instrumentality of the crime

35
Q

You just started your shift on B-watch when you make an enforcement stop on a vehicle for a seatbelt violation. You make contact with the driver and obtain their information. The driver is agitated and uncooperative. You inform the driver that you will be issuing them a citation. The driver yells obscenities at you as you walk back to your patrol vehicle. as you’re about to finish writing the citation, the driver exits their vehicle and walks back to your location to continue the argument. The driver becomes aggressive and a physical altercation ensues between you and the driver. During the altercation the driver obtains your Rapid Containment Baton (RCB) from your duty belt and backs away from you. You draw your service weapon and order the driver to drop the baton. The driver opens the baton and yells more obscenities saying they’re going to kill you. The driver refused to follow your commands and begins to charge at you. Fearing for your safety, you fire your service weapon at the driver, striking them in the chest several times. after the driver goes down to the ground you return to cover and provide dispatch with all relevant information. Following the use of force incident the officer ____ provide medical care within their scope of practice.

  • Should
  • Shall
  • May
  • Can
A
  • Shall

Following a use of force incident which an officer reasonably believes has resulted in injury, and once officer safety is no longer a concern, they SHALL provide medical care within their scope of practice and/or arrange for further medical care by emergency medical services personnel or a medical care facility

36
Q

You are involved in a pursuit that terminates in a parking lot. The driver exits the suspect vehicle and begins to flee, while yelling “Stay away from me!” You give chase and issue commands for the driver to stop. The driver ignores your commands as you catch up to the driver, which level of force may be used to take the subject into custody?

  • Intermediate Force
  • Nondeadly Force
  • Deadly Force
A
  • Nondeadly Force

Nondeadly force - when objectively reasonable under the totality of the circumstances an officer may use nondeadly force to defend themselves, defend others, or overcome resistance, prevent escape, or affect an arrest. Nondeadly force includes, but is not limited to, control holds and personal weapons. Although the driver is resisting, there i snot an immediate threat of harm which would justify utilizing intermediate force or an imminent threat of serious bodily injury or death which would justify utilizing deadly force

37
Q
A