2024 QRT Questions Flashcards
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?
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)
Do you need reasonable suspicion or probable cause to conduct registration checks on vehicles traveling on public roadways?
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)
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?
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.
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
- 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
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
- 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:
- Sound professional judgment and critical decision making
- 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
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
- 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
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
- 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)
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
- 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.
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
- 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.
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
- 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
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
- 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
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
- No, you did not establish a special relationship
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
- 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
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
- 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
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 atention 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
- 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
