50.5, 11.1, 100.67 Flashcards
Refers to intentional and unlawful opposition to a lawful order of a peace officer during arrest situations but involves no physical resistance.
b. Passive Resistance Protesters.
A public gathering requiring law enforcement response and utilization of crowd management, intervention, and control strategies. In addition to lawful assemblies, these crowd control incidents could include unlawful assemblies, riots, and other forms of civil disturbance.
a. Crowd Control Incidents.
a. California Penal Code Section 407: Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is ______.
- UNLAWFUL ASSEMBLY.
California Penal Code Section 404: Any use of force or violence, disturbing the public peace, or any threat to use force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law, is ____.
a riot
(1) Composition. The basic element in a tactical unit is the squad. A squad is usually composed of a squad leader (preferably a sergeant) and ___ officers. The size of a squad should allow for transportation in _____ patrol vehicles (______ officers per vehicle).
11, four, three
(2) Supervision. The squad leader is responsible for the overall direction and discipline of the squad. The squad leader may choose to designate ______ members of their squad as linebackers. Linebackers (officers in the squad) should be designated by the squad leader to assume command in the squad leader’s absence.
Two
(2) Composition. An arrest squad is usually composed of a squad leader (preferably a sergeant) and ____ officers. The size of the arrest squad may vary, depending upon the size and nature of the group to be arrested.
11
(1) Composition. A _____ is composed of two to three squads normally working as a single unit with a common mission and relatively close geographical assignments. At the discretion of the incident commander, a large tactical unit may be divided into two _______. Each _______ leader is normally a lieutenant.
Platoon
A ______ is composed of a minimum of four squads working as a single unit with a common mission and relatively close geographical assignment. The ______ commander is normally a captain and is assisted by two executive officers, normally lieutenants.
Company
A ______ is composed of two or more companies (refer to Annex A of this chapter).
Battalion
f. Resisters shall not be dragged for an unnecessary distance. In any case where lifting or carrying becomes necessary, a minimum of _____ officers shall carry the arrestee.
Three
- TRANSMITTAL OF COLLECTIONS.
a. Frequency and Maximum Amounts. Collections for sales, payments, and/or witness fee deposits shall be transmitted to FMS, Cashiering Unit, at the first occurrence of any of the following:
250, 1k, 10k, COB Thursday, 2nd CHP230,
(1) Two hundred fifty dollars in cash (for commands with no safe, vault, or money chest that is adequate to safeguard cash).
(2) One thousand dollars in cash (for commands with a safe, vault, money chest, or other comparable storage that is adequate to safeguard cash).
(3) Ten thousand dollars in cash, checks, money orders, and warrants (excluding state warrants and state checks).
(4) Close of business each Thursday; the weekly transmittal period for all offices begins on Friday and ends at close of business the following Thursday.
(5) If maximum amounts are collected before Thursday, a second CHP 230 must be prepared for the remaining days.
d. Shortages and Fraud, Embezzlement, or Robberies. Shortages due to fraud, embezzlement, burglaries, or robberies shall be reported to FMS, Cashiering Unit. Shortages of ____ or more must be reported in writing no later than ________ following the discovery of the shortage.
$6.00, the first business day,
(1) Receipt of VCGCB claim in excess of $1,000. Upon receipt of a VCGCB claim directly from a claimant in excess of $1,000, commanders shall ensure immediate transmittal of the document(s) to the Office of Risk Management (ORM), indicating the date of such receipt. A _______ shall be completed and submitted to ORM if one has not been previously submitted. However, the involved office should not delay transmitting the claim pending completion of a _____.
9-1 HPM 11.1
(2) Investigation of VCGCB Claims. Upon receiving notice of a VCGCB claim, commanders shall review the allegations therein. If they constitute a personnel complaint not previously investigated, a ____ shall be conducted and processed in accordance with ____
9-1
CHP 268, Potential Civil Litigation Report, CHP 268
Complaint investigation, HPM 10.4, Citizens Complaint Investigation Manual.
b. Claims Against the Department - $1,000 or Less. The VCGCB has delegated authority to the Department to settle and pay property damage/loss claims up to $1,000 per claim pursuant to Government Code Section 953.6. Accordingly, all claims $1,000 and under are processed by ORM. Procedures for processing claims $1,000 and under:
287, 268, E N 6
(1) When an individual claims to have suffered a loss $1,000 and under they shall be provided with a CHP 287, Claims Of $1,000 Or Less, form (revision 01/07 or later, Annex 9-A). This form is available in Form Flow. Field supervisors are encouraged to carry these forms with them in order to expedite the process. This form includes sections to identify the loss and a Release of Liability to be signed by the claimant. Departmental employees are encouraged to assist the claimant in completing the form to ensure that all applicable information is included. Property damage claims should normally include two estimates for repair/replacement of damaged items. A departmental employee should witness the claimant’s signature and put their name in the adjoining WITNESS box.
(2) The Area commander or designee shall determine if the claim fits the criteria for the Expedited Claim Settlement Process (ECSP) as described in paragraph c below. Claims meeting this criteria may be processed in the manner described.
(3) Upon receipt of the claim by the Area, staff shall assign a sequential claim number in the upper right corner of the claim form. The number will consist of the Area’s location code, the year, and the sequential claim number as it is received in the area, i.e., West Valley Area’s third claim of 2007 would be: 580-07-003.
(4) Areas shall review submitted claims and prepare a CHP 268, Potential Civil Litigation Report, if not previously completed. The Area shall include a recommendation as to whether the claim should be allowed or denied by
HPM 11.1 9-2
checking the appropriate box in Section III of the CHP 268, Potential Civil Litigation Report, and explaining the recommendation in Section IV, Supervisory Review. (Refer to Chapter 8 of this manual for completion of the CHP 268.) The claim, the CHP 268, and any other pertinent documents shall be forwarded through the appropriate Division to ORM.
(5) Claims should be filed within six months of the date of the alleged incidents. However, under certain circumstances, claims may be filed up to one year after the accrual of the cause of action. Refer to Page 2 of the CHP 287, Claims Of $1,000 Or Less, for late claim requirements.
(6) The foregoing procedures do not apply to departmental employee claims. Employees must file claims directly with the VCGCB, using the Board’s claim form.
c. Expedited Claim Settlement Program. To improve service to the public, it is in the best interest of the Department to swiftly mitigate claims in those instances in which we are clearly liable for damages. This program is designed to provide timely payment to those individuals who have suffered damages as a result of our actions. The Area commander will have the authority to approve claims submitted under this program. Examples of situations where this policy may be applicable are instances where:
S L S 287, 204, 268, 48HOURS
(1) A spike strip is deployed causing tire damage to an unintended victim.
(2) A departmental employee loses or damages personal property of
persons we encounter. Examples would include losing a driver’s license, breaking a person’s watch during handcuffing, losing personal property we had a duty to care for, etc.
(3) The foregoing types of incidents are not all inclusive. Accordingly, sound professional judgment is to be used to determine if a claim could potentially be eligible for expedited settlement. In those instances where there may be a question of liability, the Risk Management Staff Counsel may be consulted for advice.
(4) Claims under $1,000 eligible for the Expedited Settlement Process will be processed through ORM during normal business hours. The Area commander or designee shall confirm that the CHP 287 is properly completed and the release of liability form has been signed. In addition, the claimant is required to complete a Std. 204, Payee Data Record (Annex 9-C), which is available in Form Flow. The Area commander or designee will then notify ORM of the claim by telephone and FAX or e-mail (ORM_CHP268) a copy of the CHP 287, Claims Of $1,000 Or Less, and Std. 204, Payee Data Record. ORM will notify the Fiscal Management Section (FMS) who will
9-3 HPM 11.1
issue a Revolving Fund Check for the approved amount made out to the claimant. FMS will forward the Revolving Fund Check to the Area by overnight mail or other expedited means. In most instances this will be accomplished within 24 hours of notification. Once the Area has received the check, it shall be delivered to the claimant as soon as practical but in no case later than 24 hours after receipt. In addition, the Area shall forward the original CHP 287, Claims Of $1,000 Or Less, Std. 204, Payee Data Record, and a CHP 268, Potential Civil Litigation Report, through channels, to ORM within 48 hours. ORM will ensure any documentation required will be forwarded to FMS.
c. Proper Service.
(1) Uniformed Employees. Proper service of subpoenas issued by other than the district attorney, is made by delivery of a copy of the subpoena to the witness personally, to his/her immediate superior, or designated agent (Penal Code Section 1328).
U S A 48HOURS
(a) The immediate superior or designated agent shall deliver the subpoena to the witness as soon as reasonably possible. This may or may not include personal service, depending upon existing practices.
(b) If the immediate superior or designated agent upon whom service is attempted to be made knows he/she will be unable to deliver the subpoena to the officer within a time which will allow the officer to comply with the subpoena, the immediate superior or designated agent may refuse to accept service and is excused from any duty, liability, or penalty arising in connection with the service, upon notifying the server of that fact (Penal Code Section 1328(d)).
(c) If the immediate superior or designated agent is tendered service of a subpoena less than five working days prior to the date of hearing, and he/she is not reasonably certain he/she can complete the service, he/she may refuse acceptance (Penal Code Section 1328(e)).
(d) If the immediate superior or designated agent upon whom the service has been made, subsequently determines that he/she will be unable to deliver a copy of the subpoena to the officer within a time which will allow the peace officer to comply with the subpoena, the immediate superior or designated agent shall notify the server or his/her office or agent not less than 48 hours prior to the hearing date indicated on the subpoena, and is thereby excused from any duty, liability, or penalty arising because of his/her failure to deliver a copy of the subpoena to the officer (Penal Code Section 1328(f)).
10-3 HPM 11.1
__
d. Unavailability of Officer. If the subpoena is for an officer who is not available at the time of service because of absence due to vacation, leave of absence, military leave, regular days off, or other sufficient reason, such fact shall be made known to the process server. The immediate superior or designated agent shall refuse to accept service of the subpoena. The date of expected return to duty should be given. An employee on sick leave or injury status is not considered unavailable for service.
DISCLOSURE OF MOBILE VIDEO/AUDIO RECORDING SYSTEM
1. MOBILE VIDEO/AUDIO RECORDING SYSTEM (MVARS).
a. The MVARS is considered to be a public record unless it has captured exempt or sensitive material (either audio or visual). Exempt/sensitive material would include, but may not be limited to, the following:
P E O P T G
(1) Personal* identifiers of involved parties or uninvolved third parties.
(2) Demonstrations of specialized officer safety and enforcement tactics. (Specifically, does the footage show a tactic, technique, or application that is shaded in gray in California Highway Patrol [CHP] policy?)
(3) Confidential peace officer personnel information.
(4) Especially graphic*, disturbing, or invasive images, statements, or sound recordings.
NOTE: The MVARS might also be withheld if that particular video is tied to an ongoing* CHP or related investigation, or if its release would endanger* the safety of an individual involved in the investigation.
(1) Completed CHP 735s, based on Section A (refer to Annex A) shall be submitted to Fiscal Management Section (FMS), Accounts Receivable Unit (ARU), within______ of one of the following dates:
.08 <, .04 COMMERIAL <
ten business days
(a) The date BAC results of .08% or greater are received.
(b) The date BAC results of .04% or greater are received for a commercial driver.
(2) Completed CHP 735s, based on Section B (refer to Annex B) shall be submitted to ARU within _____ of the notification of a conviction of CVC Sections 23152, 23153, or greater offense as a result of one of the following:
R D L
ten business days
(a) In the case of a refusal.
(b) An arrest for drugs only.
(c) A BAC of less than .08%.
An informal means of obtaining services under $5,000 from any source within a single state FY. No service provider may be issued multiple______ in a single FY that exceeds $4,999.99 for the performance of the same service type.
X Numbers
a. Obtaining Quotes. The requestor is responsible for obtaining the necessary price quote(s) for the required service(s). When the required service(s) are less than $5,000, the requestor shall seek California certified____, _____ ______ vendors first. If the requestor is unable to obtain______ price quotes from California certified SBs, MBs, or DVBEs, the requestor is required to obtain a minimum of_____ price quotes from either SB, DVBE, or noncertified businesses. This process may be done by telephone, fax, or e-mail.
HPM 11.1 23-6
small business (SB), microbusiness (MB), or disabled veteran business enterprise (DVBE)
TWO,
THREE
- CLASSIFICATION LEVELS. Information identified as classified shall fall into one of five classification levels:
L C S S T
Law Enforcement Sensitive, Confidential, Sensitive, Secret, or Top Secret.
a. Law Enforcement Sensitive. The following are examples of “law enforcement sensitive” materials.
C I O
(1) Criminal identification and investigation reports.
(2) Internal intelligence information.
(3) Operationalplans.
c. Sensitive.
Items not identified under “confidential” that contain personal identification information of employees or citizens such as Social Security Numbers, personal telephone numbers, or home addresses shall be considered “sensitive” materials.
(1) Chain of possession entry(ies) are required for____,____,______.
(2) Chain of possession entry(ies) are not required for_____,______.
- Confidential, Secret, and Top Secret material.
- Sensitive and Law Enforcement Sensitive material.
Procedures for Obtaining Mutual Aid.
L O R S
(1) Local Government. When a chief of police determines that an emergency situation in their jurisdiction may become or is already beyond the control of their department’s resources, it is their responsibility to request mutual aid from the operational area coordinator (county sheriff).
(2) Operational Area. When an active or anticipated emergency cannot be resolved by a single law enforcement agency within an operational area, it is the responsibility of the operational area coordinator to provide assistance and coordination of resources to control the problem (Section 26602 of the Government Code [GC]). Each county is an operational area and the county sheriff is the operational area coordinator. If it appears likely that operational area resources may be depleted, the regional coordinator should be advised.
(3) Regional. Should an existing or anticipated emergency be of such magnitude as to require the commitment of the resources of one or more operational areas, it is the responsibility of the regional coordinator to organize the response of resources within the region. The California Governor’s Office of Emergency Services (Cal OES) divides the state into seven law enforcement mutual aid regions (Annex B). The regional coordinator will keep the Cal OES state law enforcement coordinator advised. Annex C depicts
Cal OES administrative regions and the six standard mutual aid regions.
(4) State. If the combined resources of a law enforcement mutual aid region do not appear to be sufficient to cope with an emergency situation, the regional coordinator will request additional assistance through the state law enforcement mutual aid coordinator, Cal OES Law Enforcement Division.
b. Emergency Traffic Assistance. The senior ranking officer on duty shall:
D N P A D
deploy personnel,
notify the Area commander through channels,
proceed to the scene;
assess the situation,
and direct departmental involvement until relieved by a CHP officer of higher rank.
Response of the affected Area personnel will be determined by the senior ranking officer until he/she is relieved. Commitment of personnel and resources should be sufficient to meet the emergency while assuring continuation of other essential services. The response procedures and guidelines which field commands will establish for officer needs assistance situations should also be usable in most “emergency traffic assistance” circumstances. The Division chief shall be notified and may, if necessary, deploy personnel from adjacent Areas within the Division.
c. Mutual Aid Support. Upon receipt of a request from the regional or operational area coordinator, or designee to provide mutual aid support, the appropriate ____ shall be notified.
commander,
Commanders shall request, through channels, approval of the Commissioner to commit departmental mutual aid resources.
(2) Departmental personnel _________ provide service or assistance to a city or county law enforcement agency involved in a job action unless authorized.
Shall not
This authorization may only be granted by the Commissioner; Deputy Commissioner; Assistant Commissioner, Field; or Assistant Commissioner, Staff.
(3) This policy shall not preclude CHP response to officer needs assistance, emergency traffic assistance incidents, or other immediate life threatening situations.
- PEACE OFFICER AUTHORITY. The respective commissioner or chief of each party has agreed that any law enforcement officer who is regularly employed by the CHP or the affected state’s highway patrol, department of public safety, or state police is a peace officer in the other state whenever either of the following conditions are met:
R I N A 50MILES
a. In response* to a request for services initiated by either state.
b. Upon the recognition by any such officer of a situation or circumstance within the jurisdiction or territory of the bordering state which requires immediate* law enforcement action or other emergency action.
4-3 HPM 100.67
(1) The state whose officer is performing such voluntary assistance shall notify* the state within whose territory or jurisdiction the voluntary assistance is being rendered.
(2) Officers of the state within whose territory or jurisdiction the assistance is being rendered will then assume* general control in accordance with Section 5 below.
(3) All assistance rendered voluntarily or in response to a request shall be limited to that area within 50 statute miles* of any point along the common border of the affected states.
b. Pursuits. Whether a felony or misdemeanor violation is involved, it is the policy of the Department to ______ pursuits entering adjoining states to the appropriate law enforcement agency having jurisdiction as soon as possible.
turn over
c. Notification. Whether in pursuit or for collision/investigative follow-up, supervisory approval _____ be obtained prior to entering the adjoining state. When prior notification is impractical, officers shall make notification as soon as possible. Officers _____ also immediately notify the appropriate local law enforcement agency of the nature and circumstances surrounding the incident. As a courtesy, officers should also notify other law enforcement agencies when in their jurisdiction.
should, shall
(1) Felony Pursuits. All bordering states have Fresh Pursuit Acts. These acts convey peace officer status to officers who enter the state in fresh pursuit of a known or suspected felon. Thus, an officer who initiates a felony pursuit in California _____ the pursuit, should the circumstances warrant.
may continue
a. Suspect’s Return to California - Extradition. Generally, there are two means by which a suspect who is physically located in one state may be returned to another state (to face criminal charges) - 133.857).
a suspect not in-custody may voluntarily return
and an in-custody suspect may be returned consistent with the asylum state’s “Extradition Acts” (A.R.S. 13-3841 to 13-3868, N.R.S. 179.177 to 179.235, O.R.S. 133.743 to
INTERSTATE JURISDICTIONAL ENFORCEMENT AND INVESTIGATION
(2) Misdemeanor Pursuits.
(a) Authority. The Fresh Pursuit Acts are not applicable to misdemeanor violations, however, the Interstate Mutual Assistance Agreements, permit officers to act within ____ of the state border where “__________” is required or requested. Officers ____ not pursue beyond the _____ limit unless the subject’s driving presents an extreme hazard to the public (i.e., DUI, reckless).
(b) Driving Under the Influence. Although the states have varied DUI presumptive limits, DUI is a violation in the adjoining states. Thus, a DUI suspect pursued out-of-state may also violate adjoining state’s DUI statutes (because he/she is driving in that state while under the influence). Therefore, the officer ____ detain the suspect and request the appropriate law enforcement authorities investigate for a violation of their statutes.
5-3 HPM 100.67
50 statute miles,
immediate law enforcement action,
should,
50 statute mile,
should
