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Policy Manual > 4.0 Legal Procedures > Flashcards

4.0 Legal Procedures Flashcards

0
Q

A detention is also referred to as a _.

A

stop

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1
Q

Although no legals cause need be present for the officer to initiate a “contact,” the persons contacted may not be __, __, __, against their will.
1.
2.
3.

A
  1. Halted
  2. Detained
  3. Frisked
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2
Q

Courts have used the terminology, __ __ for a detention.

A

investigative stop

A detention is allowed so an officer may have a reasonable amount of time to investigate a person’s possible involvement in actual,or perceived criminal activity.

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3
Q

A detained person may not be compelled to answer questions, including that of their identity.
True or False?

A

True

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4
Q

There are three exceptions to the rule of bringing witnesses to the suspect for a curbside line up:
1.
2.
3.

A
  1. Probable cause to arrest
  2. Consent
  3. Impracticality
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5
Q

Miranda applies only when the person being questioned is in custody for purposes of giving Miranda warning, custody exists when the following two requirements are met:
1.
2.

A
  1. The suspect must in fact be deprived of his or her freedom in a significant way
  2. The must personally be aware of this lack of freedom, or reasonably believe that it exists
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6
Q

On misdemeanor arrests for DV, officers WILL NOT issue misdemeanor citations.
True or False?

A

True

Suspects should be booked into jail.

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7
Q

Officers are authorized to impound weapons at DV calls for __ hours.

A

48

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8
Q

The SD County Sheriff’s Office is this county’s central repository for all __ and __ orders.
1.
2.

A
  1. restraining

2. protective

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9
Q

If the sheriff’s department cannot verify the order, it may still be enforceable. A private person’s arrest may be made.
True or False?

A

True

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10
Q

An EPO may be issued 24-hours a day, seven days a week. No EPO shall be issued solely on the allegation of __ abuse of an elder or defendant adult.

A

financial

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11
Q

An officer __ need the permission of a victim to seek an EPO.

A

does not

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12
Q

After business hours, the officer will telephone the judge through __.

A

The Sheriff’s Office

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13
Q

During regular business hours,the officer will contact the judge through __.

A

Family Court

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14
Q

An EPO is valid when it is made and expired at __ on the fifth day of judicial business or on the seventh calendar day following the day of its issue, whichever comes first.

A

5:00 pm

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15
Q

A copy of the approved EPO and proof of service will be faxed by the officer to the __.

A

Sheriff’s Records Office

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16
Q

A restraining or protective order remain enforceable and may be changed only by the court, regardless of the acts of the parties. Consequently, a protected person is not in violation of the protective order order if he or she consents or allows the restrained party to come to the location.
True or False?

A

True

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17
Q

If a physical arrest is made, and the suspect is going to be transported to jail, the officer will pick up a copy of the order at the __.

A

Sheriff’s Department

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18
Q

The California Law Enforcement Teletype System (CLETS) contains information on state agency wants and warrants, such as:
1.
2.
3.

A
  1. CDC
  2. CYA
  3. Parole Warrants
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19
Q

Officers may conduct warrant checks by these three means:
1.
2.
3.

A
  1. Computerized files - Department LAN computer system
  2. Communications Division - via radio
  3. Telephone contact - Record’s Division or Sheriff’s Warrant Division
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20
Q

Felony warrants may be served at anytime, day or night. Misdemeanor or infraction warrants my be served only between __ and __ hours, unless the person is in a public place, subject is already in custody pursuant to a lawful arrest, the judge who issued the warrant directed that it be served at night.
1.
2.

A
  1. 0600

2. 2200

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21
Q

When making a warrant arrest and the identity of the defendant is questionable and the validity of the warrant is challenged by the defendant, it shall be the responsibility of the __ to contact the issuing court.

A

arresting officer

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22
Q

Telephonic search warrants a should only be used on Saturday, Sundays, court holidays, and between __ and __ hours on weekdays.
1.
2.

A
  1. 1800
  2. 0600

However, under emergency conditions and when time is of the essence, it is possible to obtain a telephonic search warrant during normal business hours.

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23
Q

A First Responder Notice should be used if it is the opinion of the officer(s) that the disturbance is such magnitude that a second response is likely.
True or False?

A

True

24
Q

Upon issuing a First Response Notice, officers are required to give the recipient an explanation of the Police Service Fee, and explain what they must do to avid a second response by police.
True or False?

A

True

25
Q

Officers should get the responsible person’s signature on the First Response Notice but it is not required. If the person refuses to sign, the officer should write __.

A

“Refused to Sign”

The top portion of the notice must be completed and the first copy of the triplicate form given to the responsible person(s)

26
Q

After clearing the call,the officer issuing the notice(s) must contact a field supervisor and inform him or her that a First Response Notice has been issued. The remaining two copies of the notice will be given to the supervisor, and the responsibility to monitor any recurrence of the disturbance will rest with the __.

A

field supervisor

27
Q

If a second response to the same party is necessary, the officer that issued the first notice, if possible, should turn along with the __.

A

field supervisor

28
Q

After ending the disturbance, a Second Response Notice should be given to the responsible person(s).
True or False?

A

True

29
Q

If a supervisor is unable to respond to the disturbance with original office, a new notice can be completed and given to the responsible person(s). The Second Response Notice portion will be filled out for a signature. A signature __ required.

A

is not

30
Q

Upon issuing a Second Response Notice to a responsible person, the issuing office should explain that it __ constitute a criminal offense.

A

does not

31
Q

It is the responsibility of __ to ensure that all necessary information for successful cost recovery.

A

the issuing officer

32
Q

The officer issuing the notice must notify __ __ that the incident is cost recovery

A

Communications Division

33
Q

Field supervisors __ be present when a Second Response Notice is given.

A

should

34
Q

If a second response does not occur within __ hours, the initial notice can be destroyed.

A

24

35
Q

Operation of a loud sound device requires the operation of such device between the hours of __ and __ hours, when the noise is plainly audible at a distance of __ feet from a building or vehicle. The City Attorney rehired 75 feet. For this SDMC, 59.050, a citizen arrest is not necessary.
1.
2.
3.

A
  1. 2200
  2. 0800
  3. 50
36
Q

Repossessions are permitted from places open to the public including:
1.
2.

A
  1. Public streets, parking lots, or other public places

2. Personal property may be repossessed from an open porch or from a private driveway

37
Q

Repossessions are not permitted from private places without consent. They may not:
1.
2.

A
  1. Repossessors may not go beyond a locked gate, and they may not enter a closed garage or private residence.
  2. A repossessor who breaks a lock of a door is guilty of unlawful entry and may be liable for compensation.
38
Q

Repossession is complete when:
1.
2.

A
  1. Vehicle repossession is complete when the repossessor gains entry to the vehicle or she the vehicle is hooked up to a tow truck. If the possessor consents to the repossession, the person may remove personal items from the vehicle.
  2. Repossession of other personal property, including boats,furniture, appliances, etc… is complete when the repossessor has removed the item from the possessor’s private property.
39
Q 
Objections to repossession:
1.
2.
3.
4.
A
  1. The person in possession may object to the repo at any time before the repossessor is in possession, and the objection revokes the right to repossess at that time.
  2. If the person is possession of the property is present and objects before the repossessor should stop, whether the item is on private property or on the street.
  3. If the possessor is not present, a spouse, a child, or other persons in legitimate possession may represent his or her interest and protest the repo.
  4. A landlord, employer, or other person on whose property the item in question may be found does not have possessor control sufficient to legally protest a repossession.
40
Q

Officers can have temporary custody of files, records, reports, field interviews, or copies in the performance of official duty:
1.
2.

A
  1. To investigate a case or related cases
  2. To prepared and develop related case file

Department personnel shall return originals and destroy copies by shredding or placing them in a shred receptacle Whittington three working days of completion of official duties.

41
Q

Police Officers shall prepare a crime report for the following crime categories believed to have occurred in Mexico:
1.
2.

A
  1. Public Corruption - including extortion, bribery, and theft by a public official which includes police officers.
  2. Violent Crimes - including but. to limited to rape, robbery, sexual assaults, and assault with a deadly weapon.
42
Q

For crime reports that occurred in Mexico, officers will use 990000 zz code. Officers will use the address of __.

A

5969 Rail Court

43
Q

The reporting officer shall tell the victim that the crime must also be reported in person with the __.

A

The Baja California State Attorney General’s Office in Tijuana.

44
Q

If a victim has a complaint against a Tijuana police officer, the reporting officer shall tell the victim to contact __.

A

The Office of Internal Affairs for the City of Tijuana

45
Q

In cases where the victim is a U.S. citizen, then reporting officer shall tell the victim to contact __.

A

The U.S. Consulate in Tijuana

46
Q 
If the victim is reporting a crime of sexual assault, the officer shall additionally:
1.
2.
3.
4.
A
  1. Contact the on-call Sex Crimes Sergeant if a SART exam is required.
  2. The reporting officer shall provide the victim with the phone. Umber to the Rape Crisis Center Advocate.
  3. Use 990000 zz code.
  4. CRMS will automatically route these reports to CIU for investigative assignment
47
Q

Officers will not take Mexico crime reports for crimes such as crimes of DV, battery, theft etc… Victims should contact the Baja California Attorney General’s Office. If they are a U.S. citizen, contact the U.S. Consulate in Tijuana.
True or False?

A

True

48
Q

In the event that a California resident had his/her vehicle stolen while in Baja California, Mexico, the victim needs to file a report with the __.

A

Baja California State Attorney General’s Office

The victim should file a courtesy report with the CHP upon returning to the U.S.

49
Q

A probation or parole search may not be:
1.
2.
3.

A
  1. Arbitrary
  2. Capricious
  3. Harassing
50
Q

Probation and Parole searches are generally conducted between __ and __ hours. Unless suspected criminal activity is occurring, suspects are determined to be present and awake, information obtained indicates that a parole/probation violation is taken place, a specific law enforcement goal is being served (sweep, registration check).
1.
2.

A
  1. 0700

2. 2200

51
Q

A sergeant shall make sure __ officers are present when searching a room.

A

2

52
Q

When conducting a high risk warrant or search, a __ checklist list must be completed and reviewed by a supervisor.

A

High Risk

53
Q

A lieutenant or above will be responsible for approving any operation which includes the utilization of __ on pre-planned high-risk entries.

A

SWAT

54
Q

Routine requests to assist outside agencies will be handled via a __.

A

field supervisor

55
Q

Labor activity is a form of expressive activity that is lawfully authorized by both Federal and State law. People engaged in lawful labor actions are specifically excluded from __ statutes that pertain to certain types of property.

A

trespassing

Disputes between property owners and the people are a civil dispute.

56
Q

Expressive Activity - any protest, proselytization, propagandizement, or other communication or conveyance, or message to the general public.

This activity is permissible in a public place, mall, town center.
True or False?

A

True

57
Q

Any activity considered obstructive, or interfering with business, and those engaged in expressive activity lose the protection of their exemption from trespassing statutes.
True or False?

A

True

58
Q

For a citizens arrest to be appropriate, the following elements should exist:
1.
2.
3.

A
  1. The activity of those engaged in expressive activity must have obstructed or interfered with the operational the business, or intimidated the employees or patrons.
  2. The crime must have occurred in the presence of the person making the arrest.
  3. There must have been an actual criminal violation of any statute.

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