4.0 Legal Flashcards

Question 1

Q

Stop/Detention and pat down procedures

Consensual Contact

Answer

A

Encouraged to initiate consensual contacts with individuals in the communicty
gain beat knowledge and community information
do not involve the “seizure” of persons (4th amend purposes)
do not need “reasonable suspicion” or P/C
officer has a right to be in place where contact is initiated.
conversation which does not imply detention or arrest
reasonable person test: would a reasonable person under teh same or similar cicrumstances beleive that he or she is ree to leave?

Reasonalbeness:

It is not what the person conacted beleives or should believe-it is what a reasonable person in same circumstances would beleive
if UNREASONABLE, then the person contacted is being detained and absent sufficient legal cause to detain the person, it is an illegal detention.

Officer Conduct:

conduct during consensual contacts= person my not be halted, detained, or frisked against their will.
may not be required to answer qustions or to coperate in any way if they do not want to
refuse to dcooperate, must be permited to go on their way, unless officer has reasoalbe suspicioun or p/c
the person my be kept under surveillance, if necessary
since the contact is consensual, the persons contacted amy be innocent of wrogdoing, officers should act courteous

Reporting:

reporting consensual contacts-documented on ODJ if no enfocement
if enforcement - JCR<,arrest, det report, FI TW, Cite

Question 2

Q

Stop/Detention and pat down procedures

Detention

Answer

A

aka “stop”
officers using authority to comple a person to halt, remain in certain place, or perform some act
investgative stop = detention
allowed so an officer amy have reasonable time to investgate a person’ possible involvement in acutal or perceived criminal activity
allows to make an informed decision to arrest or relaease
if the officer told the person they are not free to leave = detention
if officer reasonalby suspects person has committed, is committing, or is about to commit any criem = authority to detain exists

-both ped and persons in eh may be detained

Reasonable Suspicion:
more than a hunch not probable cause

Question 3

Q

Stop/Detention and pat down procedures

Factors to consider when determining stop/detention

Answer

A

Factors to consider:
appearance-
fits the desc, suffering from recent injur, UTI,

Behanivor/action-
-fleeing from acutal or possible crime scene
-behanving in a manner indicating poss criminal conduct
-overheard making incriminating statemetns
associateing him/herself with someone officer -detmeirnecd to be reasonably suspiciou

Prior knowledge:

arrest or conviction record
known to have committed an offense similar to the one that just occurred or is about to occur

Demeanor:
-answers are evasive, incriminating, excessively nervous during consensual encounter

location of the detntion:
near the location of known offense soo after its commission
-area known for a particular cirminal activity type of activity that person is thougth to have committed is committing or is about to commit.

CANNOT BE BECAUSE OF “HIGH CRIME AREA”

time of day:

unusal for people to be int hat area at tha t particular time
time of day or night druing whih the suspected criminal activty usuallly occurs

Police training and experience:

similar tot he pattern follwed in particiular criminal offenses
emergency cicurmstances : public safety may be endangered if inv action is not taken

source of Information:

reliabiltiy of source
if oficer knows the informatn
supplied accurate info in the past
how they came by this info
corroborated?

BE PREPARED TO DOCUMENT factors that led to reasonable detention

Question 4

Q

Stop/Detention and pat down procedures

Detntion v Arrest

Answer

A

-least intrusive means should be used during a detention

Ccould be arrest and not detention if:

numerous officers involved
display of weapons
use of handcuffs
person is placed in back of patrol car
encounter is in non public setting
officers authooritative manner and actions imply that compliance is complelled
officer did not advise the detainee of his right to terminate the encoutner

**use of handcuff or weapons, placing in patrol car do not AUTOMATICALLY make the contact an arrest based on circumstances

Question 5

Q

Stop/Detention and pat down procedures

Duration of detntion

Answer

A

a person stopped may be detained for a reasonable amount of time
length of time necessary to determine if person shuold be arrested or released

Question 6

Q

Stop/Detention and pat down procedures

Scope of the detntion

Answer

A

-on the scene investigation is authorized by law during a detention
THERFORE- officer should not remove detainee unless
-consent
-p/c to arrest
-v cannot be brought to the scene of detention
-movement is for a reasonable distance to help with investigation
-safety of the officer or the detaineee

Question 7

Q

Stop/Detention and pat down procedures

Explanation to a detained person

Answer

A

should act with restraint
plain clothes shall identify themselves as soon as it is appropriate
purpose for the stop, unless would jeopardize investigation

Question 8

Q

Stop/detention and pat down procedures

questioning the detained

Answer

A

direct questions such as name, date of birth, etc
subject may not be compelled to answer
even that of identity
not necessary to advise of constitutional rights until under arrest or has become coercive and not brief and casual

Question 9

Q

Stop/detention and pat down procedures

effect of refusal to cooperate

Answer

A

refusal to answer questions does not establish p/c
helps to determine if further investigation should be continued
a person who flees during a lawful det may be arrested for 148pc if it delays/obstructs inv and detainee knew he was being detained by an officer

Question 10

Q

Stop/detention and pat down procedures

use of force during detention

Answer

A

-comply with dep 1.04

Question 11

Q

Stop/detention and pat down procedures

reporting detentions

Answer

A

-“contact” officer shall complete the FI and enter into ODJ
-if detained away from the scene, later released without booking, contact officer = “detention only”
report documenting pc, consent, or reason for movement
-if need photographs/fingerprints -person may be detained for a reasonable amount of time to obtain equipment to facilitate photographs/fingerprints
-to move a person for photo/fingerprints, must get consent
-if no consent, officers MUST NOT MOVE subject
-if Juv, must notify parents

Question 12

Q

Stop/detention and pat down procedures

Pat downs

Answer

A

limited search for the purpose of FINDING WEAPONS
pat down is not a search for evidence or contraband
may pat down a person who has been detained if reasonably suspects person has a weapon

Question 13

Q

Stop/detention and pat down procedures

Factors to consider for pat downs

Answer

A

person’s appearance - baggy clothes, presence of object
person’s actions-furtive movement
prior knowledge-of having weapons
location-sufficiently isolated to limit imm police response
time of day-darkness inhibits visibility
police purpose -detention may be for a suspected armed subject
companions-multiple subjects detained and at least one of them has weapon

Question 14

Q

Stop/detention and pat down procedures

Reporting pat downs

Answer

A

be prepared to articulate facts leading to pat down

- “in fear of safety not sufficient”

Question 15

Q

Stop/detention and pat down procedures

weapons and other seizable items

Answer

A

if believe it is a weapon, can retrieve object
if don’t believe item is a weapon, instead believe the item to be contraband, officer has p/c to believe a crime is being committed in presence,
10-16 and retrieve item.

Question 16

Q

Stop/detention and pat down procedures

photographing guidelines

Answer

A

must be connected to an inv of crime or an arrest
may with take photo with consent in conjunction with FI
if Juv, notify parents
Officers ARE NOT TO KEEP photographs for the purpose of personal intelligence files or for personal use

Question 17

Q

4.02 Eyewitness identification

Definitions

Answer

A

Curbside line-up (show up)
line up
photographic line up

Question 18

Q

4.02 Eyewitness identification

Attorneys at line-ups

Answer

A

subject entitles for lawyer at live line-up whether charges filed or not
advised of right to an attorney present (etc.)
one day before line-up, re-contact s to see if he secured an attorney. If not, contact office of pub defender

Question 19

Q

4.02 Eyewitness identification

To contact public defender

Answer

A

notify the need of a defense attorney for the live line-up
contact DA liaison
if suspect’s lawyer does not appear, contact DA handling case before proceeding with live line-up
s may waive right to an attorney at line-up

Question 20

Q

4.02 Eyewitness identification

Role of Public Defender at Live line-up

Answer

A

permitted to observe, but not control or obstruct
permitted to be present at time witness’ conclusion statement
attorney should be instructed to remain silent
attorney may speak with any witness after the line-up, if witness agrees to speak with attorney
witness should be told no obligation to speak with def attorney

Question 21

Q

4.02 Eyewitness identification

live Line-up Procedure

Answer

A

all line-ups should consist of at least four persons in addition to suspect
similar physical characteristics
clothing should wear similar contact
don’t make s distinguishable
all should utter same words if needed
photographs/videotapes should be taken of all line-ups

Question 22

Q

4.02 Eyewitness identification

Photographic line up

Answer

A

except in rare occasions-should be conducted by investigators only
at least 4 photographs in addition to S
record of each photograph for reconstruction at trial
mug book is appropriate when no particular suspect
if suspect is selected, a record of all pictures w viewed mst be made and included in report
NO RIGHT TO AN ATTORNEY at any pictorial id procedure at any time

Question 23

Q

4.02 Eyewitness identification

Curbstone show up line up

Answer

A

vic/wit SHOULD ALWAYS be brought to view suspect
THREE EXCEPTIONS:
1. prob cause to arrest
2. Consent
3. Impracticality-wit injured/availability of officers is limited

Question 24

Q

4.02 Eyewitness identification

Suggestibility

Answer

A

Never tell witness-

you think you have the person who committed the crime
v’s property ws in su’s poss
s made admissions or confessed
person observed is suspect

Always tell witness

keep an open mind
person may not be among those present
-not to talk to any other witnesses

Question 25

Q

4.02 Eyewitness identification

Officer’s conduct/witness conduct

Answer

A

do not say or do anything during the line-up that would draw attention of any witness to suspect
if more than one wit is to view the line-up, must view separately
don’t permit a witness to hear the other’s statement

ONE ON ONE CONFRONTATION
-automatically suggestive, but courts have allowed due to precedents

Question 26

Q

4.02 Eyewitness identification

NOT ALLOWED

Answer

A

-not upheld if too suggestive
-the amount of time witness viewed s
-degree of attention at time of crime
-amount of time lapsed between crime and lineup
-physical set up of line up
-accuracy / detail of wit description prior to line up
-certainty of wit id at lineup
-

Question 27

Q

4.02 Eyewitness identification

suggestiveness after ID

Answer

A

must avoid any conduct after id that might be ruled suggestive
do not tell witness picked the right or the wrong one

-

Question 28

Q

4.02 Eyewitness identification

Curbside line up for / arrest report

Answer

A

include in report:
lighting, location, how is was conducted
victim was driven,
victim’s statement during line-up

Question 29

Q

4.03 -Admonishment Procedures

CUSTODY

Answer

A

Miranda only applies to being questioned in custody
s deprived of freedom-not free to leave
personally aware of lack of freedom or reasonably believe that it exists

-formally arrested
Custody without an arrest if:
where questioning take place 
when questioning take place 
how many officers present 
lack of suspect's friend/relatives
how long questioning lasts 
how accusatory - questions are more custodial than intended to clear up situation
info the officer has-the more pc to arrest, the more the inv has focused on s

objective indications of custodial

handcuffing, moving, firearm, locking them inside interview room
if officer says he is being detained and free to leave, may not be custodial
during detention, not free to leave, but not under arrest

Question 30

Q

4.03 -Admonishment Procedures

Admonishment NOT REQUIRED

Answer

A

person stopped under suspicious circumstances (detention)
traffic citations
over the phone
from those who volunteer statements (except if officer questions to bring out further statements)
when engaged in “on the scene” questioning -fact finding process
no interrogation

**if not going to question, DONOT ADMONISH

Question 31

Q

4.03 -Admonishment Procedures

Admonition of felony suspects in custody

Answer

A

should not be warned of rights (except juveniles) unless an interrogation I to follow immediately or in the vey near future
if admonished and not interrogated, report should indicate why
if suspect is likely to waive their rights, questioning should begin as soon as possible
questioning should be deferred as well as admonishment if officer is unfamiliar with case.

Question 32

Q

4.03 -Admonishment Procedures

Procedural Steps in Admonishment

Answer

A

-read PD_145
Waiver of these rights with Q1 and Q2
-answers should be exact words

Question 33

Q

4.03 -Admonishment Procedures

Non-waiver

Answer

A

if wans to remain silent-stop questioning
if wants attorney - stop questioning
if Juv requests attorney or parents-stop questioning

Question 34

Q

4.03 -Admonishment Procedures

Waiver

Answer

A

if they now want to speak or does not want an attorney, READMONIS
reluctance to answer particular questions does not constitute invocation to remain silent
right needs to be clearly exercise
avoid coercive questioning
spontaneous, voluntary statements -they should be allowed to continue

Question 35

Q

4.04- Domestic Violence

Procedures

Answer

A

Property Crimes

area stations will handle all dv prop crimes (594, 459, 487, 10851) EXCEPT:
v/w observed the s commit the prop crime and documented history of dv involving the s and v
prop crimes committed n conjunction with a dv incident that included threats of violence

Juvenile S’s:

area stations will handle all DV crimes involving juv suspects
DV unit will handle all other f/u investigations
arrests for DV inc
SDPD encourages physical arrest if pc and legal authority
Dual arrests are DISCOURAGED
if felony has occurred, physical arrest shall be made
if misd has occurred in officers presence, a physical arrest shall be made

PC836 - amended to allow officers to arrest for selected misd not in officers presence

Offcers SHALL make arrest for misd DV, TRO violations, when pc exists eve if not in officer’s presence
must arrest as soon as P/C arises
when officer is called a dv call - it is mandatory that the officer make a good faith effort to inform v of right to make a citizens arrest
advisement should be made out o sight of s and not dissuade a v from making a private person’s arrest.

-The following factors SHALL NOT influence officer’s course of action in DV incidents:
-relationship or marital status of s and v
-whether or not the s lives on the premise
-existence of lack of tro
(ETC.)

NO CITATIONS will be issued for misd DV
if it I necessary to release suspect with M Cite-supervisor must be contacted and must approve the issuance (ex: admitted in hospital for serious injury)

Question 36

Q

4.04- Domestic Violence

Investigation of DV Cases

Answer

A

complete thorough investigation
if no other violation of law, complete 13730PC DV Incident only

Firearms:-requires office to ask about firearms if necessary
-12028.5 = authority to take f/arms into temp custody
-give receipt
-held for at least 48 hours
-be made available for return after 48hours, unless held as evidence
-if 10-16 for 422, weapon can be impounded as evidence
-firearms not recovered aftr 12mos shal be treated as a nuisance
-PD is allow to destroy weapons if reasonable cause to believe the weapon would likely endanger V
-Gun desk has the responsibility to notify the gun desk
-

Question 37

Q

4.04- Domestic Violence

Submission of DV cases

Answer

A

All reports are to be submitted BEFORE EOS

- all suspect n custody cases will be submitted prior to the EOS

Question 38

Q

4.04- Domestic Violence

DV Unit

Answer

A

DV Unit Shall be contacted n all cases involving 664/187, 245, firearms,
On call sgt SHALL be contacted if:
serious injury, v admit to hospital, firearm was used, deadly weapons used, v was raped, 207 or extortion, child abduction, v or s employed by law enforcement , v or s employed by the City, case has media potential,

ANY OTHERSITATION, THE OFICER WILL CALL SGT FIRS BEFORE CALLING HTE ONCALL DV SGT.

Question 39

Q

4.04- Domestic Violence

Victim Assistance

Answer

A

415 pp for reasonable amount of time
if tro in place, restrained will not be taken to property, in this situation, release of property is a function of the court
shall assist in arranging to transport v to alternate shelter
Marsy’s car, vic assist pogram
be familiar with types of court ordered prot orders and enforcement procedure

Question 40

Q

4.05 Protective Orders

Definitions

Answer

A

Criminal Protective Order

imposed asa term o probation for all criminal convictions involving dv
may include a sway away or no neg contact order

DV restraining order

protective order issued pursuant to dv prevention act
aka order to show cause or order after hearing
-order to show cause is generally from 10 to 21 days
order after hearing is the permanent restraining order issued after the formal hearing,
will state exp date o order, typically 3 yrs from date of issuance, court may order a permanent r/o to remain in effect for up t 5 yrs.
issued through family court or through DV court

Emergency Prot order (EPO)

prot order obtained by police officer in the field
ma be obtained 24 hrs a day
short term protection to v
expires within 5 judicial working days or 7 calendar days
EPO has priority in enforcement over any other restraining order or protection order

Protective Order
-3 orders that most directly prot a v of dv
1. order prohibiting specific acts of abuse
2 excluding a person from a dwelling
3 prohibiting other specified behavior
-may b issued ex parte
-remains in effect for a specified period of time
-exp date will be stated on face, no more than 3 yrs of the order

Question 41

Q

Restraining Orders

Procedures

Answer

A

SO is repository for all restraining orders and protective orders
also accepts orders issued in other states, if they have been filed with a CA court
will be entered into CLETS
when presented with order, call SO to confirm
If SO cannot verify he order, it still may be enforceable.
if believe in good faith is valid and s was on notice, a private person’s arrest may be made

if no record of service exists
-advise restrained person of the order
-give a cop to the restrained person or read the terms
-advise is now subject to the terms
-notify so of he service
-prepare and sign a proof of servce
-file the proof of service as part of the report
Inves personnel shall ensure the origanl is filed with court

Question 42

Q

Restraining Orders

Making arrests

Answer

A

can arrest for the misd charge even if not in officer’s presence
the protected person cannot be in violation of the order if she allows or consents to the protected person to come to their location.
Do no arrest the protected person
if arrest is made and the sspect is going to be 11-48 to jail, office will pick up a copy of the order at SO prior to bookig

Question 43

Q

Restraining order

Crime report

Question 44

Q

Restraining order

EPO’s

Answer

A

immediate and present danger
chld is in immediate and present danger or of being abducted
elder or dependent adult is in immediate and present danger of abuse
No EPO shall be issued based solely on a allegation of financial abuse of a elder or dep adult.
officer shall advise the person of availability of EPO
officer shall request EPO
officer does not need permission of v to seek EPO
After obtaining EPO, must make reasonable effort to serve the restrained party
officer requesting EPO shall carry copies of the order while on duty until the EOS
encourage the protected party to carry a copy of the EPO
fx to SO
refer the v to SDFJC

Question 45

Q

4.06 Arrest Warrant Procedures

Background

Answer

A

-no statute of limitations on an arrest warrant
all misd / infraction warrants are removed from SO computer systems if not served within 5 yrs from DOI
Felony warrants remain in system until cleared or recalled
SO retains all arrest warrants for all LE in County
warrants in NCIC includes data from jurisdictions throughout county
CLETS contains info on state agency wants and warrants, such as CA DOC and CYA

Question 46

Q

4.06 Arrest Warrant Procedures

Procedures -Warrant Abstract, Confirming, Receiving

Answer

A

Warrant Abstract:

officers may conduct computer searches for warrants using LAN, communications, Telephone
if an active warrant is found, may confirm with SO

Confirming Abstract:

For NCIC CLETS warrants, call the jurisdiction issuing the warrant and confirm they will extradite
confirmation shall be made when the subject is in custody and before taken to county jail/booked for the warrant
once confirmed, it is removed from SO records
If subject not booked, officer must reactivate warrant

Receiving a warrant:

if subject is booked for warrant, must have abstract for deputy
most abstracts picked up at W/C. NCIC and CLETS are picked up at teletype
may be picked up at SO if W/C printer not working ,if the warrant is a “mandatory booking warrant” , if the officer is taking the suspect directly to court, or if he officer has a specific need to pick it up at SO

Question 47

Q

4.06 Arrest Warrant Procedures

Reviewing warrant information

Answer

A

prior to service, officer must make sure the warrant is active and includes the following information:
name of def, charge (fel/misd/bench), date of issuance, court/name of judge, bail amount, whther directed to ay peace officer in State.

Question 48

Q

4.06 Arrest Warrant Procedures

Warrant Service Time Authorization/Restrictions

Answer

A

-felony warrants ma be served at any time day or night
-misd or infraction warrants -only served between 0600 and 2200 hours UNLESS
1. subject is in public
2. already in custody to another lawful arrest
3 judge who issue warrant directed it be served at any time day or night

Felony bench warrants- may be served same as felony warrants

Misd bench warrants-may be served same as misd warrants

Question 49

Q

4.06 Arrest Warrant Procedures

Arrest procedures

Answer

A

Before making warrant arrest-ensure you have the correct person listed on warrant
do not need warrant in hand when making arrest, just know it is active
must inform subject of intention to arrest under authority of the warrant
if ID is questionable and validity of warrant is challenged by a defendant, it is responsibility of arresting officer to verify the warrant by contacting the issuing court
by phone or radio, prior to booking

if issuing court is closed, and warrant is a misd, def shall NOT be booked. if nearby address is valid
-in all other cases, the W/C shall decide if def should be booked

if officer believes the warrant is invalid, DO NOT BOOK subject
if officer believes the warrant is issued for wrong person, shall immediately notify CA for misd, DA for felony

Question 50

Q

4.06 Arrest Warrant Procedures

Booking procedures

Answer

A

abstract must accompany subject
booking slip must include the warrant info (warrant number)
w/c or filed lt must approve booking
if adding warrant to person already booked, use change of charge form and forward to jail and records

Question 51

Q

4.06 Arrest Warrant Procedures

Reporting Procedures

Answer

A

arresting officer must sign the abstract
complete an arrest report which will include the warrant information (war number, charge, bail, judge, and juris)
if taken directly to a magistrate, officers shall prepare an arrest report and note the subject was not booked
if turned over to another agency within county, an arrest report still needs to be done, noting the subject was not booked and include the circumstances of the transfer

Question 52

Q

4.06 Arrest Warrant Procedures

Out of state warrants

Answer

A

NCIC hit (out of state warrant) may arrest if felony
p/c exists from info received over radio if verified same subject
book under 1551.1PC, with abstract obtained from teletype
extradition must be confirmed before booking

-if abstract not readily available, jail will accept prisoner if officer can supply the name of the agency holding the actual warrant, the person called, charges, bail amount, and assurance that abstract will be sent soon.

a/o will request confirming teletype message addressed to SDPD and SO fug app unit
copy of NCIC teletype will be attached to booking slip and arrest report

Question 53

Q

4.07 - Telephonic Search Warrants

Procedures or obtaining

Answer

A

When:

Sat, Sunday, Court holidays, and between 1800-0600 on weekdays
under emergency conditions, when time is of the essence, it is possible to obtain a telephonic during normal working hours
contact DA liaison first or issuing DA

How:

Officer prep–have phone to be reached, blank sw forms, and blank RI
before contacting DA, prepare a summary of facts detailing p/c, description of place to be searched, and property to be seized
contact DA, or the SO warrant office for the on-call DA
upon contact with DA, relate facts that establish pc, if satisfied with pc, DA will contact judge, affiant with read desc of place to be searched, and property to be seized and make any changes suggested.
prepare a rough script of statement of pc with assistance of DA
if going to serve sw between 2200 and 0700, need reason for night service
remain by phone for a callback from the SW office

Question 54

Q

4.07 - Telephonic Search Warrants

Procedures during conference call

Answer

A

3 party tape-recorded conference call will be set up through SO warrant office
DA will control the recording
officers must listen to what is said by judge and DA and speak only in response to question.
spell out names and streets
when directed, write name of judge, on right hand corner of warrant

Question 55

Q

4.07 - Telephonic Search Warrants

Execution of

Answer

A

must provide “knock and notice” for outer doors that are standing open, but not required for open inner doors
note the time and date of the execution
head of household shall be allowed to read the original warrant and given a copy of the sw
searching officer must fill out three copies of the RI form
giving the aff, executing the warrant, and the searching officer should be handled by one officer if practical

Question 56

Q

4.07 - Telephonic Search Warrants

Return of the warrant

Answer

A

officer who executed the sw must take the original sw and RI to the judge who issued the warrant
must be done before 1700 on the court day immediately following the day the warrant was executed
if issuing judge is unavail, go to presiding and be assigned a judge
after obtaining judge’s sig, go to clerk’s office and return original warrant and RI

Question 57

Q

4.08 Notify warrant procedures

Procedures wen requesting notify warrants

Answer

A

most adults arrested for misd should be issued citations
request notify warrant under the following conditions:
1. misd offense was not committed n presence of officer and offender is not placed under cit arrest
2. offender was not present when misd offense was committed (ex. bartender serves liquor to a minor and bar owner not present.)
3. circumstances would make it extremely difficult or unwise to issue a misd filed release citation (Ex; hospitalization)
complete an A-8 as though custodial arrest has been made
A-8 is normally used as basis for issuance of arrest warrant if offender fails to appear in court
write “notify warrant” in space provided for booking number
screened by appropriate inv unit
forwarded to CA for further review and issuance
*Traffic citation forms MAY NOT BE USED to request notify warrants

Question 58

Q

4.09 Loud parties - laws and procedures

Background- PC 415 (2)

Answer

A

-loud parties often results in violation of:
415(2) PC- maliciously and willfully disturbs another person by loud and unreasonable noise
-someone other than a police officer
-person creating disturbance has knowledge
-requires a cit to report their peace is disturbed
-anytime
-a 1st response issued before enforcement is taken
-unruliness may constitute the need for immediate enforcement
-band members are in violation of 415.2 -equipment may be impounded as evidence if enforcement is taken
-bar and club owners, householders permitting loud noise may be held liable for 415.2 as aiders and abettors-may impound equipment as evidence if enforcement is taken

Question 59

Q

4.09 Loud parties - laws and procedures

Background- PC 415(3)

Answer

A

using offensive words in public which would inherently likely provoke an immediate violent reaction
reasonably be anticipated as having a tendency to incite others to violence or breach the peace is a violation

Question 60

Q

4.09 Loud parties - laws and procedures

Background- SDMC- 59.5.0501(a)

Answer

A

public nuisance noise
equivalent of 415(2)
requires a private person’s peace to be disturbed
anytime

Question 61

Q

.09 Loud parties - laws and procedures

Background- SDMC- 59.5.0502(b)(2)(A)

Answer

A

loud radios, TV, Stereos, and other types of amplified noise or music
must occur between hours of 2200 and 0800, and plainly audible from 50 ft
the ordinance requires a 50 ft distance, but CHARGING per CA requires 75 ft.
section applies to loud music and other sound devices
an officer can state heard noise from a distance of 75 ft, so NO PRIVATE PERSON is required
must state how distance was measured

Question 62

Q

4.09 Loud parties - laws and procedures

Background- PC 409- unlawful assembly

Answer

A

misd to remain present at the place of unlawful assembly after being warned to disperse
if party is extremely large and officers are not receiving cooperation, the party must be declared an unlawful assembly by field supervisor

Question 63

Q

4.09 Loud parties - laws and procedures
-Procedures
Advance notice of a large party

Answer

A

dept may receive info that a large party will be held and there is reason to believe problems will arise
sgt will contact party host, preferably in person
advise the party host of applicable laws, violation consequences, etc

Question 64

Q

4.09 Loud parties - laws and procedures
-Procedures
Receiving calls of a loud party

Answer

A

communications will determine the exact location and size of party
any additional calls are to be cross-referenced

Answer 64

A

-responding officers should be aware of factors that indicate scope and effect of disturbance.

1st response:

contact party host, attempt to persuade to reduce noise level
advise the bases of the complaint and their criminal liability if noise continues
shall not divulge info regarding the identity of complainants
should advise the offenders that a subsequent complaint will result in criminal charges
prepare FIs to include enough info for a notify warrant
copies of FIs must be given to field sgt at EOS
issue 1st response if officer believes that 2nd response is likely
if issued, add SDMC 59.5.0501(b) and or 59.5.502(b)(2)(A) to notice if using these elements
determine who is responsible for party–if more than one person, obtain all person’s info
if Juvenile is responsible, the notice should be completed to include their parent’s information
when issuing 1st response, give an explanation of Police Service Fee and how to avoid 2nd notice
get responsible person’s signature
if refused, write refused to sign
after clearing the call, must contact field sup and inform that 1st response issued
2 remaining copies will be give to sgt.
fied sgt will be responsible to monitor any recurrence of the disturbance

Answer 65

A

the officer issuing the 1st notice should respond if possible along with field sgt.
after ending the disturbance, a 2nd response should be given to the responsible person.
if sgt is unable to respond, a new notice can be completed and given to responsible party
notice DOES NOT preclude an concurrent or subsequent criminal prosecution necessary to quell the disturbance
responsibility of the issuing officer to ensure all info for successful cost recovery is contained on 2nd notice
officer must notify comm div that incident is cost recovery.
officer will print out CAD inc an attach to remaining copy of 2nd notice, placed in bin at command

Answer 66

A

if sup unable to respond, should advise responding units that 1st response was issued
sup should provide responding units the names of the responsible parties
field sup will inform the on-coming sgt at shift change
if 2d notice does not occur within 24 hour pd, the initial notice can be destroyed.

**if loud party is taking place on a beach or public park, should advise the participants that a permit is required, procedures for a 1st response should be followed

Answer 67

A

415(2) PC- key requirement is that there must be a civilian witness
can be the complainant or someone who can testify to the crime
Cit arrest not required as long as crime is occurring in officers presence

Answer 68

A

-same as 415 2

Answer 69

A

key requirement is the operation of such devices, between the hours of 2200 and 0800,
when the noise is plainly audible at 50 (75) feet
state how measurement was determined
cit arrest is not required if crime is committee in officer’s presence

Answer 70

A

field sgt should assemble officer away from actual scene first
police vehicles should be assembled so party goers can leave
may be necessary to declare an unlawful assembly
issue a misd citation or a physical arrest
notify warrant if party hosts cannot be located
consider impounding band equipment-switches and dials should be taped in position and initialed by officer
remain at scene until party guests are dispersed
must document scope and effect of 415and responsible persons refusal to eliminate the problem
*even if pc exists o believe there is a loud party, officers MAY NOT enter home without consent, warrant, or exigent circumstances
making an arrest or for a minor consuming alcohol does not constitute exigent circumstances

Answer 71

A

private manners governed by UCC
invol repo are legal if done without breach of peace
ca statutes allow for repos without judicial process, may occur without court orders to repo, as long as peacefully

legal repo’s may only e accomplished by:

court order to be enforced by county sheriff
legal owner, seller or full time employee
a private repossessor or reg employee licensed under BP 7500 through 7511

-private repo’s are required to carry ID issued by Cal Bureau of Security and Investigative Services (B&P 7506.9)

Answer 72

A

preserve the peace
police intervention and aid in the repossession may amount to state action
duty to determine whether the repo has the lawful right to repossess
BUT if doc is presented showing one party has a right to possess, officers SHALL NOT advance nor hinder the repo
MAY NOT TAKE ANY ACTION TO FACILITATE THE REPO

Answer 73

A

-are permitted from places open to the public including:

public streets, parking lots, other pub places
2personal property may be repossessed from an open porch or from a private driveway

-repossessors are not permitted from private places without consent
1. may not go beyond a locked gate, and may not enter a closed garage, or a private residence
2 a repossessor who breaks a lock on a garage door s guilty of an unlawful entry, and may be liable for damages for conversion

Answer 74

A

-vehicle repo is complete when the repossesor gains entry to the vehicle or when the vehicle is hooked up to a tow truck

if possessor consents to the repo of a veh, he has a right to remove personal items from the veh.
does not include items attached to the vehicle

-repossess of other personal property, including boats, furniture, appliances, etc, is complete when the repossessor has removed the item fro the possessor’s private property

Answer 75

A

the person in possession may object to the repo at ay time before the repo is in possession.
the objection revokes the right to repo at that time.
if the person in possession of property is present and objects before the repossessor is in possession, the repo should stop, whether the item is on private property or on the street
if the possessor is not present, a spouse, a child, or other persons in legitimate possession may represent the interest and protest the repossession
a landlord, employer, or other person, on whose property the item in question may be found does not have control sufficient to legally protest a repo

Answer 76

A

if person in possession is not present, or if the person in possession is present but does not object, and repo is not in violation of any law allow the repo to proceed
if person in possession is present and objects to the repo prior to the repo being in possession, the repo must leave

-if her person in possession is present and objects, prior to the repo in possession, and the repo refuses to leave, this may amount to criminal behavior and the repo may be in violation of one o the following
1. 415.1 PC- disturbing the peace
2. 602.0 PC-refusal to leave private property
3 242 PC -possessor has the right to use reasonable force (short of deadly force) to retain possession of the property

Answer 77

A

foreign nationals may request asylum in the US for reasons of protection o persecution
US will allow these persons an opportunity to have their requests considered
US has obligation to prevent the forcible removal of refugees from this country

Answer 78

A

place asylum seeker in protective custody
reasonable force may be used to prevent refugee from being forced to return
11-48 person to W/C to make arrangements for temporary custody
advise DHS
make arrangements to transfer the case to the fed’s
document on A-9

Answer 79

A

-the following are the only authorized reasons for personal custody of doc/evidence
1. doc mass distributed to members of the dept (e training , bulletins, safety alerts, dep orders, inv sup
2. dept files or photographs of wanted suspect
3. photographs, reports, and recordings of ongoing investigations
4. temp custody of files or copies for testifying
may get pertinent records or copies when subp or officially notified of an appearance
-dept personnel shall return originals and destroy copies by shredding them wthin 3 days of completing testimony or completion of the judicial proceeding

-dept personnel a maintain custody of files, records, etc for the following reasons
1. to inv a case or realted cases
2 to prepare and develop related case files
-after completion of official duties, must shred within 3 days

Answer 80

A

shall use a pd-145 or other suitable notepad when taking notes
all relevant info written in notepad shall be immediately transferred to an official police record
notepads may be used until all pages are filled.
notepads that are completed or will no longer e used shall be destroyed by the officer
officers may retain a current pd -145 at a dept location until the notepad is completed

Answer 81

A

if a report is taken, use 990000ZZ-Crimes in Mexico
5969 Rail Court in location of incident
collect / impound physical evidence
crime must also be reported in person with the BAJA Cal State Attorneys Office
If v has a complaint against TJ officer, the reporting officer shall tell the v to contact Officer of IA for the city of TJ
in cases where the victim is a US citizen, the reporting officer shall tell the victim to contact the US Consulate in TJ
if v is reporting a crime of rape or sexual assault, the officer shall also contact the on-call sex crimes sgt if SART exam is needed

–reports will be routed to CIU

_Officers will NOTE TAKE reports for any other crimes, such as DV, battery, theft:
These victims:
–contact the Baja Cal Attorney General to report crime
–if they are a US citizen, contact the US consulate in TJ

Answer 82

A

-if Ca resident had veh stolen in Mexico, v needs to file a report with the Baja Ca State Stt Gen Office
-v should be told they may file a courtesy report upon returning to US
- should be told they may file a courtesy report with the CHP if:
-res of Ca
reg to ca at time of the theft
-must provide a copy of the Mex stolen veh report

Answer 83

A

OP plan:

contact a sgt prior to k&T, sw, parol, prob, 4th waiver, high risk entries.
case agent, patrol off, and sgt wil ensure adequate personnel and will ensure the s name/address/are cleared through LECC via w/c
Op pln will be completed prior to any preplannd k&t, search, parole, prb search, hgh risk entry, sw.
sgt will mak final determination as to whether the search will be conducted

Answer 84

A

prior to exec K&T , etc, sgt or case agent will generally ensure the following:
-clar s through SDLECC
obtain most recent copy of prob parole cond include discharge date and 4 waiver exp date
conduct warrant and ONS checks
Chck SD law for custody susp
conduct computer checks

-upon receiving plan approval, conduct a team briefing so each team member understands the planned search and their role

Answer 85

A

assigned searches -not acting sgts- must be present throughtout the duration of all k&T searches
notify appropriate agency if search is in another jurisdiction
sgt shall be present and min of 2 officers present
all detectives shall carry a min of the following equip: handcuffs, radio, duty gun, dept badge and ID

-after contact, officers and detective should id the person who have control over premises.
K&T should not proceed without proper consent or warrant
-should obtain consent in writing if possible
-R&I should be completed as the search progresses and a copy should be left at the site

Answer 86

A

-general conducted between 0700 and 2200 hours
unless:
-suspect criminal activity is occurring
-s are determined to be present and awake
-info obtained indicates that a parole/prob violation is taking place
-a specific le goal is being served (gang sweep, 290 pc, area specific sweep)

sgt - no acting sgt must be present during entire search
case agent will complete a written op plan, which the sgt must approve
prior to search case agent will make effort to contact STate parole officials
scope of the search
field contacts-search may not be arbitrary or capricious or harassing

Answer 87

A

case agent will present te signed sw to the supervisor who will check it for accuracy and ensure the warrant is valid
if sw execution requires SWAT the unt commander shall be notified at the earliest opportunity
sgt (no acting sgt)
op plan with emergency contingency plan / command post
team briefing

Answer 88

A

-description of place
-background on s
-ensure each persona has read warrant
-assignments
-fall back position in event violent resistance is encountered
-id all special equip
-des trauma hosp
-all making entry shall wear body armor
- if forced entry is required sup shall decide if the entry should be attempted
-entry shall be made when sup gives order or in an emergency
-if person in control of premise is present, must be read the sw and provide copy
-case agent coordinates the search
-RI should be completed and a copy left at the site
-

Answer 89

A

-when serving a sw/arrest warrant, etc, where forced entry is anticipated, the sgt will review the sw and written op plan to ensure that all high risk issues have been appropriately addressed with the completion of the checklist

-

Answer 90

A

-1st Amendment is extended by the Cal supreme court in that public malls are looked at as places where people can gather and discuss the issues of the day
majority are civil
police officers have no lawful authority to enforce them
non-compliance is not a crime
person on private property for purpose of engaging in expressive activity is not a crime
not a trespasser by virtue of his continued presence, unless he engages in activity that genuinely obstructs the business

-business owner seeking to remove engaged in expressive activity just obtain a restraining order from civil court

labor activity is a form of expressive activity and lawfully authorized by Federal and State law
people engaged in lawful labor actions are specifically excluded from the trespassing statutes that pertain to certain types of property

-disputes between property owners and persons wishing o use the property for expressive activity are civil disputes
the sol purpose of police officers at these disputes is to preserve the peace

Answer 91

A

Nature of the property

-shopping malls, etc encourage parts to congregate and spend time together
in this thought, these venues are the types of properties where expressive activity has been upheld EX university ton center, fashion valley mall
individual retail businesses, such as stand alone businesses with their wn parking facility, ex grocery stores, gas stations, car dealers, and big box stores, DO NOT OFFER THE SAME inducements to congregate as the town square
It should be noted these type of prpertie MAY be able to pursue a case for civil trespass followed up by a restrining order, rarely will these actions rise to the level of criminal trespass.

Answer 92

A

to ensure expressive activities do not interfere with normal business operations
Time: property owners can restrict people wishing to use their property for expressive activity by limiting to hours when the property s open for business

place restrictions: can be limited to places generally open to the public - may be excluded from areas used for deliveries (if they are not open to the public) office areas, or areas only open to employees of the mall or the stores in the malls

in stand alone businesses: further restrictions may be placed as to where expressive activity are close enough to those vsiting the stores so their message must be heard

manner restrictions: private ownership of property and the sidewalks leading to it, does not operate to strip members of the public of their rights to exercise 1st amendment rights on sidewalk or near the entrance to the establishment
-they MAY NOT do so in a manner that obstructs or unreasonably interferes with free ingres and egress to or fro the business

Conduct: that disrupts the business such as excessively loud noise particulary where it is not meant to communicate an idea or where it incites disruptive, intimidating or criminal activity can be restricted

Answer 93

A

-businesses CANNOT restrict the content the message being communicated, even if that messae may harm the property or store owner’s business interests

Answer 94

A

most of the cases discussing expressive activity involve retail establishments
many other types of businesses, such as office buildings and manufacturing, research facilities
they are not the equivalent of public forum and expressive activity with the exception of labor activity, could be prohibited on those properties
incidents of trespassing that occur n these properties is generally described in PC 602.(o)

Answer 95

A

initial response:
-responding to calls for service regarding expressive activity, stand back and observe the parties involved –if it is peaceful, they are not trespassing even if they are in violation of the property owner’s regulations

-note any activity that might be considered obstructive or interfering with the business.
if so, the may be subjected to arrest and removal

review of documents:
-it is NOT THE PLACE OF POLICE TO ATTEMPT TO DETERMIE IF THE TIME, PLACE, AND MANNER RESTRICTIONS IS REASONABLE.
only a court can make that determination.
-it is appropriate to decline to review the documents
-OFFICER’S SOLE DETERMINATION FOR TAKING ACTION IS WHETHER OR NOT A CRIME HAS BEEN COMITTED, not whether the property owner’s rules have been violated

Answer 96

A

-if the property owner inststs they have the authority to make a cit arrest based on aviolation of their time place and manner restrictions BUT THEIR RESTRICTIONS ARE NOT LAW AND THEREFOR A VIOLATION OF THEM CANNOT RESULT IN AN AREST

-should be considered as a last resort
For a citizen’s arrest to be appropriate the following elements should exist:
- activity of those engaged in expressive activity must be obstructed or interefered wih the operation of the business, etc
-it s not enough that an employee is annoyed
-must be some conduct that made them afraid to or discouraged their use of the property
-must be obtained from patron not manager

-crime must have occurred in presence of persn making arrest, if not , no arrest

-must have been an actual CRIMINAL violation of the statute
if crime has been committed and the person committing the crime refuses to leave after being requested to o so an the property owner makes a cit arrest, an officer can accept the arrest from the citizen.

-after accepting the arrest the officer can issue a msd citation, book, or request notify

Answer 97

A

disputes between property owners and those engaging in expressive activity are civil in nature
relief sought by any party against the other must come from a civil court in the form of a restraining order

officer should handle a court order as noral

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