70.1, Evidence Flashcards
A/an ____________ is defined as a step-by-step inquiry into the circumstances of an incident to establish facts.
Investigation
HPM 70.1, Chapter 1
What are the six objectives of law enforcement investigations?
1) Determine what crime has been committed, if any
2) Identify and secure evidence
3) Identify the suspect
4) Locate the suspect
5) Apprehend the suspect
6) Crime broadcast
(HPM 70.1, Chapter 1)
During the __________ period of an investigation, personnel need to render/obtain medical aid, if necessary, and provide necessary protection for all people at or responding to the scene.
Preservation of life
HPM 70.1, Chapter 1
How should a crime scene boundary initially be defined?
The boundary should be twice the distance from the center of the scene to the farthest known piece of evidence.
(HPM 70.1, Chapter 1)
Crime scene securement tape __________ (should/shall) be used for establishing the actual crime scene boundaries.
Should
HPM 70.1, Chapter 1
Unless otherwise directed by a supervisor, the _________ should be the custodian of evidence and assume security responsibilities.
Investigating officer
HPM 70.1, Chapter 1
In the event an arrest is made, only the ___________ should interrogate or advise the suspect of Miranda warnings.
Investigating officer
HPM 70.1, Chapter 1
True or False: juveniles who are arrested must be advised of their rights regardless of questioning.
True
HPM 70.1, Chapter 1
True or False: investigators are required to retain field notes used to complete the formal investigative report.
False
HPM 70.1, Chapter 1
True or False: case law requires all audio recordings of interviews and interrogations to be preserved for trial.
True
HPM 70.1, Chapter 1
True or False: evidence gathered during an administrative investigation shall be treated the same as evidence gathered during a criminal investigation.
True
HPM 70.1, Chapter 1
_________ evidence is presented orally or in deposition form by a witness or suspect.
Testimonial
HPM 70.1, Chapter 2
__________ evidence includes documents that are handwritten, printed, photocopied, etc., as well as most forms of tangible expression, such as a movie, photograph, or tape recording.
Documentary
HPM 70.1, Chapter 2
__________ evidence includes all tangible objects, substances, prints, and impressions that have a relevant bearing on the case and aid an investigator or court with arriving at an opinion or conclusion.
Physical
HPM 70.1, Chapter 2
What are the five basic criteria for the evaluation of physical evidence?
1) Relevancy
2) Identifiable
3) Legally obtained
4) Continuity
5) Integrity
(HPM 70.1, Chapter 2)
If approached in a _______ manner, many private organizations will cooperate with handing over evidence without a subpoena or warrant.
Tactful
HPM 70.1, Chapter 2
___________ evidence, if found to be true, proves a fact from which an inference of the existence of another fact may be drawn.
Circumstantial
HPM 70.1, Chapter 2
A _________ is defined as a deduction of fact that may logically and reasonably be drawn from another fact or group of facts established by the evidence.
Inference
HPM 70.1, Chapter 2
True or False: facts can only be proven by direct evidence.
False
HPM 70.1, Chapter 2
___________ evidence, if found to be true, establishes a fact without the necessity of an inference.
Direct
HPM 70.1, Chapter 2
During the investigation of any crime or accident, CHP personnel ___________ (should/shall) preserve all available evidence.
Shall
HPM 70.1, Chapter 2
A ____________ is a planned and coordinated, legal search of a crime scene to locate physical evidence, suspects, or witnesses to the crime under investigation.
Crime scene search
HPM 70.1, Chapter 3
The number of ___________ should usually be limited to prevent the destruction of evidence and complication of future court proceedings.
Searchers
HPM 70.1, Chapter 3
Before searching a scene, investigator(s) should assemble and brief the searchers in what location?
A location outside the area to be searched
HPM 70.1, Chapter 3
A _______ shall be kept of all personnel who enter and leave the crime scene in major crime cases.
Log
HPM 70.1, Chapter 3
What are the four methods of documenting evidence?
1) Include the evidence in a sketch
2) Describe evidence location in the report and notes
3) Videotape the scene
4) Photograph each piece of evidence before it is touched, moved, or collected
(HPM 70.1, Chapter 4)
Individual items of evidence should be photographed by themselves and with a ________ or ________ placed next to each item for frame of reference.
Ruler or tape measure
HPM 70.1, Chapter 4
Containers, bags, jars, and other evidence supplies may be obtained through ___________.
Supply Services Unit
HPM 70.1, Chapter 4
Under normal circumstances, sealed evidence containers shall not be opened except in __________ or for __________.
Court; analysis
HPM 70.1, Chapter 4
Large quantities of controlled substances in excess of __________ pounds may be destroyed without a court order.
10 pounds
HPM 70.1, Chapter 4
True or False: a clandestine laboratory shall be treated as a hazardous chemical spill incident.
True
HPM 70.1, Chapter 4
True or False: items submitted for safekeeping shall be packaged in the same manner as items being submitted for evidence.
True
HPM 70.1, Chapter 5
The booking officer __________ (should/shall) enter all evidence/property into the evidence management software prior to the end of his or her work shift.
Shall
HPM 70.1, Chapter 5
All packed items being submitted as evidence/property shall have what information handwritten on the package?
1) Evidence number
2) Initials, date, and ID of the booking employee across the evidence tape.
(HPM 70.1, Chapter 5)
All packaged items being booked as evidence/property __________ should/shall have a barcode placed on the package.
Shall
HPM 70.1, Chapter 5
Approval from __________ is required to open an item submitted as evidence/property if being opened only for verification of its contents.
The Area commander
HPM 70.1, Chapter 5
True or False: when opening an item submitted as evidence/property, all efforts shall be made to open the item along the original seal.
False (shall not be opened along the original seal)
HPM 70.1, Chapter 5
Alcoholic beverages ___________ (should/shall) not be retained as evidence.
Should not
HPM 70.1, Chapter 5
True or False: when booking a BB/pellet gun as evidence/property, the same packaging procedure shall be followed as for firearms.
True
HPM 70.1, Chapter 5
What precautions shall be taken when booking controlled substances (except marijuana) and unknown substances.
Double-bagged and sealed in polyester bags
HPM 70.1, Chapter 5
Items booked as evidence that need to be fingerprinted should be packaged in _________ with the words “HOLD FOR PRINTS” written on the outside of the package.
Paper bags
HPM 70.1, Chapter 5
If a firearm cannot be unloaded prior to booking as evidence/safekeeping, the box shall be clearly marked_____________.
“LOADED FIREARM”
HPM 70.1, Chapter 5
True or False: firearms shall be sealed inside a gun box using evidence tape.
False (the box shall not be sealed)
HPM 70.1, Chapter 5
True or False: explosives may be stored at the Area office in a properly-ventilated bulk evidence room.
False (explosives shall not be stored at an Area office)
HPM 70.1, Chapter 5
Money seized pursuant to asset forfeiture proceedings shall be documented on a ________ form.
CHP 308, Asset Forfeiture Financial Tally
HPM 70.1, Chapter 5
True or False: money shall be counted by two employees, regardless of the amount.
True (one of whom should be a supervisor)
HPM 70.1, Chapter 5
Money in excess of $1,000 shall be stored in what manner?
Inside an evidence room safe, safe deposit box at a financial institution, or allied agency safe.
(HPM 70.1, Chapter 5)
Money booked as evidence shall be forwarded to Fiscal Management Section with a __________ form.
CHP 230, Transmittal Record
HPM 70.1, Chapter 5
A __________ form shall be completed for all property that comes into possession of a member of the Department.
CHP 36, Property Receipt
HPM 70.1, Chapter 6
What are the six functions of the CHP 36 form?
1) Record
2) Receipt
3) Notice
4) Declaration
5) Affidavit
6) Report
(HPM 70.1, Chapter 6)
What are the five classifications of property?
1) Evidence
2) Found property
3) Contraband
4) Administrative
5) Safekeeping
(HPM 70.1, Chapter 6)
True or False: departmental employees can make a finder’s claim on property they find during the course of employment.
False
HPM 70.1, Chapter 6
When transporting biological hazardous waste, a _________ form shall be completed.
CHP 36E, Medical Waste Tracking
HPM 70.1, Chapter 6
Found property valued at less than _____ must be held for at least _______ days, unless the owner comes forward to claim the property.
$250; 90 days
HPM 70.1, Chapter 6
The CHP 36 (Property Receipt) forms and all other documents attached to them shall be retained for _________.
The life of the evidence, plus five years
HPM 70.1, Chapter 6
Material Safety Data Sheets (MSDS) are divided into how many sections?
Seven
HPM 70.1, Chapter 7
With the exception of ___________, controlled substances shall be placed in heat sealed polyester bags by the booking officer.
Wet marijuana
HPM 70.1, Chapter 7
True or False: controlled substances shall be listed on a CHP 36 form using the common street drug or substance name.
False (use other descriptors, such as “unknown white powder” or “white pills,” etc.)
(HPM 70.1, Chapter 7)
Evidence/Property Officers are required to keep laboratory analysis reports with the evidence to preserve the __________.
Chain of possession
HPM 70.1, Chapter 7
True or False: although NIK-kits are the only drug testing kits currently authorized for use by the Department, the court may require the Area to use different brands of testing kits.
True
HPM 70.1, Chapter 7
After a drug kit is used, employees shall utilize the ___________ in a well-ventilated area.
Acid neutralizer
HPM 70.1, Chapter 7
The _____________ form must be completed and submitted through channels in order to grant basic Internet access to employees.
CHP 109, Information Technology Request
HPM 70.1, Chapter 8
Primary and backup Evidence/Property Officers must have what level of CLETS access.
Full Access Operator
HPM 70.1, Chapter 8
The administrative sergeant should receive, at a minimum, what level of training and access to CLETS.
Practitioner
HPM 70.1, Chapter 8
The __________ application creates a location to maintain pertinent information from the master case record in an electronic format that is accessible 24/7 by all CHP locations statewide.
CLETS Electronic Record Tracking (CERT)
HPM 70.1, Chapter 8
True or False: every entry into CLETS requires that the information being entered is checked for accuracy by someone other than the person who made the initial entry.
True
HPM 70.1, Chapter 8
A __________ is a request to confirm a CLETS entry is still valid, and involves contacting the reporting party to confirm an item is still outstanding.
NCIC Validation
HPM 70.1, Chapter 8
The _________ is used for serialized property that is reported lost, stolen, found, under observation, pawned, bought at a pawn shop, or held as evidence.
Automated Property System (APS)
HPM 70.1, Chapter 8
Under what circumstances should the APS be used to record serialized items seized during the course of an investigation.
Only if they are suspected to be stolen
HPM 70.1, Chapter 8
True or False: all firearms coming into the possession of the Department, regardless of whether they are suspected to be stolen, shall be entered into the Automated Firearms System (AFS).
True
HPM 70.1, Chapter 8
To help with tracing their origin and history, all firearms coming into the possession of the Department shall be entered into the __________.
Electronic Tracing System (eTrace)
HPM 70.1, Chapter 8
What two databases include the development and maintenance of ballistic images from firearms used in a criminal act?
1) National Integrated Ballistic Identification Network (NIBIN)
2) Integrated Ballistics Identification System (IBIS)
(HPM 70.1, Chapter 8)
In an Area is unable to enter a firearm into the NIBIN/IBIS systems, a memorandum explaining the reason shall be prepared and signed by the __________ and attached to the CHP 36 form.
Area commander
HPM 70.1, Chapter 8
The __________ should consistently check and document the status of cases to prevent the premature disposal of evidence.
Evidence/Property Officer
HPM 70.1, Chapter 9
True or False: evidence may be disposed of by donating it to a local charity.
True
HPM 70.1, Chapter 9
Approval from the _________ is required to use evidence as a departmental training aid.
Assistant Commissioner
HPM 70.1, Chapter 9
Misdemeanor case status should be checked every _______ in order to determine whether to dispose of evidence.
Six months
HPM 70.1, Chapter 9
In cases where the prosecutor declines to file a case, the evidence shall be disposed of ______ days after the arrest.
90 days
HPM 70.1, Chapter 9
All evidence retained from threshold incidents and incidents that may result in litigation against the Department shall be held for ______ years
10 years
HPM 70.1, Chapter 9
MAIT evidence shall be retained for ______ years.
10 years
HPM 70.1, Chapter 9
Adjudicated case evidence must be held for _____ days for misdemeanors.
60 days
HPM 70.1, Chapter 9
Adjudicated case evidence must be held for _____ days for felonies.
90 days
HPM 70.1, Chapter 9
Unclaimed property where the owner is not known or
there is no known party with proper interest shall be purged at _______ intervals.
90-day
HPM 70.1, Chapter 9
All firearms shall be held locally for ______ days prior to disposal.
180 days
HPM 70.1, Chapter 9
When money is booked into evidence and the owner cannot be located or is unknown, the money shall be forwarded immediately to _________.
Fiscal Management Section
HPM 70.1, Chapter 9
Section 2080.3 CC prohibits employees of the Department from claiming property found during _____________.
The course of employment
HPM 70.1, Chapter 9
True or False: a court order of return is required for the release of marijuana stored as property.
False
HPM 70.1, Chapter 9
True or False: a court order of return is required for the release of marijuana stored as evidence.
True
HPM 70.1, Chapter 9
Section 2080.10 CC requires that property (held for safekeeping) be held for _____ days before disposal.
60 days
HPM 70.1, Chapter 9
A __________ is required for the destruction of controlled substances, including items not used as evidence.
Court order
HPM 70.1, Chapter 10
True or False: if controlled substances and/or paraphernalia are obtained in connection with a search warrant, a separate court order for each case must be obtained for disposal.
True
HPM 70.1, Chapter 10
Destruction of controlled substances is documented on a _________ form.
CHP 37, Controlled Substances for Destruction
HPM 70.1, Chapter 10
True or False: if an allied agency is used for the destruction of controlled substances and they require their own log to be used, it may be used in lieu of the CHP 37, Controlled Substances for Destruction form.
True
HPM 70.1, Chapter 10
Officers shall use the __________ rule when packaging
controlled substances for destruction.
Two person
HPM 70.1, Chapter 10
A supervisor _________ (should/shall) be present to verify the contents of the containers when packaging controlled substances for destruction.
Should
HPM 70.1, Chapter 10
During a transfer of custody for controlled substances, the contents shall be inventoried and signed for by ____________.
The person who is transporting
HPM 70.1, Chapter 10
During transportation, a ______ form shall accompany any controlled substances.
CHP 37B, Controlled Substances Security Document
HPM 70.1, Chapter 10
What are the two methods for the disposal of controlled substances?
1) Allied agency controlled substance burns
2) CHP controlled substance burns
(HPM 70.1, Chapter 10)
Prior to destruction of a controlled substance, a representative of the Department shall conduct a _______ test of the controlled substances.
Random
HPM 70.1, Chapter 10
If a discrepancy is identified during random testing of controlled substances, the ______________ shall be notified.
Division commander
HPM 70.1, Chapter 10
All controlled substance shipments will be escorted by two employees to ensure accountability. At least one of the employees _________ (should/shall) be an officer.
Shall
HPM 70.1, Chapter 10
During shipment, if the integrity of the controlled substance seal is broken at any time prior to arrival at the burn site, an inventory shall immediately be conducted by ________________.
The evidence coordinator and a supervisor
HPM 70.1, Chapter 10
What three items are required to release a firearm to its lawful owner?
1) Proof of ownership
2) Government-issued ID
3) Clearance letter from DOJ
(HPM 70.1, Chapter 11)
The lawful owner of a firearm must contact the Area within _____ days of obtaining the DOJ Law Enforcement Gun Release application.
60 days
HPM 70.1, Chapter 11
When should the evidence officer initiate destruction procedures for a firearm?
After 180 days from the date the owner was notified of availability.
(HPM 70.1, Chapter 11)
The DOJ Determination Notice is valid for ______ days from the date of the notice.
30 days
HPM 70.1, Chapter 11
Prior to release of any firearm, what shall the evidence/property officer do as the final step in the release process?
Ensure a criminal history check is performed
HPM 70.1, Chapter 11
True or False: if the lawful owner of a firearm does not wish to take possession of a legal firearm and wishes to sell or transfer the firearm to a licensed dealer, the evidence officer shall facilitate the sale or transfer.
True
HPM 70.1, Chapter 11
A person taken into custody pursuant to 5150 W&I shall not own, possess, control, receive, or purchase any firearm for ______ years.
Five years
HPM 70.1, Chapter 11
If a person is in possession of a firearm when taken into custody for 5150 W&I, upon release of the hold the Department has ______ days to file a petition for a hearing to determine whether the return of the firearm would be likely to endanger him/herself or others.
30 days
HPM 70.1, Chapter 11
May assault weapons be released to their lawful owners?
No (assault weapons shall not be released)
HPM 70.1, Chapter 11
Ammunition __________ (should/shall) not be released on the same day as the firearm.
Should
HPM 70.1, Chapter 11
True or False: found firearms and stun guns shall be returned to the finder if not claimed within 180 days by the lawful owner.
False
HPM 70.1, Chapter 11
Weapons that have been held for 180 days and are no longer needed as evidence shall be sent to _______ for destruction.
CHP Academy, Weapons Control Unit
HPM 70.1, Chapter 11
A/an ____________ is a process for analyzing a command through personal discussion and physical examination of departmental and local procedures, personnel, records, equipment, and facilities.
Inspection
HPM 70.1, Chapter 12
A/an ___________ is an itemized report of all items in possession.
Inventory
HPM 70.1, Chapter 12
How often is the property supervisor required to conduct inspections of the property system?
Quartely
HPM 70.1, Chapter 12
True or False: during an inspection, packages shall not be opened to verify the contents.
True
HPM 70.1, Chapter 12
During an inspection, how many items shall be inspected?
At least 10 percent (with a minimum of ten items or property numbers) from activities that occurred since the date of the last inspection.
(HPM 70.1, Chapter 12)
What are the four subcategories of property?
1) Drugs
2) Firearms
3) Money
4) Other
(HPM 70.1, Chapter 12)
Property inspections are documented on a ______ form.
CHP 51, Memorandum
HPM 70.1, Chapter 12
Property inspection memorandums are retained at the Area office for ______ from the date of the inspection.
Two years
HPM 70.1, Chapter 12
The Area commander (or designee) shall conduct at least _______ unscheduled (surprise) inspection of the property room per calendar year.
One
HPM 70.1, Chapter 12
When booking into the property room, __________ and __________ shall be entered into CLETS.
Serialized property and weapons
HPM 70.1, Chapter 12
Keys to the property room shall be limited to __________.
One for each primary property officer, and one in a sealed envelope.
(HPM 70.1, Chapter 12)
Keys to the property room shall be marked ___________.
“Do Not Duplicate”
HPM 70.1, Chapter 12
There shall be a maximum of _______ sets of keys for the temporary storage lockers and/or other storage units.
Two
HPM 70.1, Chapter 12
The second set (spare keys), along with the commander’s property room access key, shall be placed in a/an _______ and stored in a secure location for use in an emergency.
Envelope
HPM 70.1, Chapter 12
When a change of property officer occurs, the locks to the property room shall be changed and/or the biometric access shall be updated ___________.
Immediately
HPM 70.1, Chapter 12
All property rooms shall be secured with a __________..
Dead-bolt lock
HPM 70.1, Chapter 12
All discoveries of tampered or opened packages shall be reported to the ____________.
Evidence/property supervisor
HPM 70.1, Chapter 12
What shall be done with packages containing controlled substances that appear to have been opened or otherwise tampered with after laboratory analysis?
Returned to the laboratory and analyzed again
HPM 70.1, Chapter 12
The Department of Justice, Bureau of Forensic Services (BFS) Criminalistics Laboratory will generally only conduct tests to determine intoxication involving cases of ___________.
Driving under the influence
HPM 70.1, Chapter 13
Can the BFS Criminalistics Laboratory be used to determine the make of a vehicle through examination of vehicle parts?
No
HPM 70.1, Chapter 13
Will the BFS Criminalistics Laboratory remove contents from a syringe for testing?
No
HPM 70.1, Chapter 13
Can the BFS Criminalistics Laboratory be used for firearms testing, including serial number restoration, functioning tests on weapons, bullet and cartridge case comparisons, and shot and powder pattern tests?
Yes
HPM 70.1, Chapter 13
Which form is required when submitting evidence for testing to a BFS Criminalistics Laboratory?
BFS2, Controlled Substances Evidence envelope/form
HPM 70.1, Chapter 13
Section ______________ of the California Vehicle Code give law enforcement the ability to impound a vehicle as evidence.
22655.5 VC
HPM 70.1, Chapter 14
Section _____________ of the California Vehicle Code should be used when seizing a vehicle involved in a hit-and-run vehicle collision.
22655(a) VC
HPM 70.1, Chapter 14
Section _____________ of the California Vehicle Code should be used when seizing a vehicle involved in a pursuit and subsequently abandoned by the driver.
22655.3 VC
HPM 70.1, Chapter 14
Approval from ___________ shall be obtained prior to impounding a vehicle as evidence.
Supervisor or OIC
HPM 70.1, Chapter 14
In addition to a CHP 180, Vehicle Report, a ________ form shall be completed when a vehicle is impounded as evidence.
CHP 36, Evidence/Property/Receipt Report
HPM 70.1, Chapter 14
True or False: an officer shall accompany the evidence tow operator to the storage facility to ensure the continuity of evidence.
True
HPM 70.1, Chapter 14
True or False: according to case law, an officer has a due process duty at the scene of a collision or crime scene to collect and preserve vehicles or other articles which might prove useful to the defense.
False
HPM 70.1, Chapter 14
True or False: if an officer seizes a vehicle or article from a traffic collision or other crime scene as evidence, the officer must take measures to preserve the evidence for use by the defense.
True
HPM 70.1, Chapter 14
The evidence/property officer shall notify the local district attorney within _______ hours of vehicle impoundment as evidence, not including weekends or holidays.
72 hours
HPM 70.1, Chapter 14
Upon notification from the district or city attorney’s office, the evidence officer shall notify via _____________ the registered or legal owner of a vehicle seized as evidence.
Certified mail, return receipt requested
HPM 70.1, Chapter 14
True or False: employees shall not make a copy, record a copy, or permanently retain the contents of an MVARS DVD.
True
HPM 70.1, Chapter 15
According to MVARS policy, a _____________ is any important, meaningful, or momentous event.
Significant event
HPM 70.1, Chapter 15
According to MVARS policy, a _____________ is any event that does not meet the criteria/definition of a significant event.
Routine event
HPM 70.1, Chapter 15
The CHP 36D, Mobile In-Car Camera DVD Evidence Log shall be completed by the ___________ each day.
Sergeant, OIC, or MVARS Coordinator
HPM 70.1, Chapter 15
A ____________ form is used to request copies of an event or all events on an MVARS DVD.
CHP 36F, MVARS DVD Request form
HPM 70.1, Chapter 15
A ____________ form is used to request a copy of an MVARS recording for use in an Administrative Per Se hearing?
CHP 36M, MVARS Digital Media Admin Per Se Disclosure and Use Agreement
(HPM 70.1, Chapter 15)
What is the minimum information required to be pre-flighted on an MVARS DVD prior to placing it into an MVARS unit?
1) Date
2) Shift
3) Patrol vehicle number
4) Officer ID
(HPM 70.1, Chapter 15)
What color sleeve shall be used to indicate an MVARS DVD contains a significant event?
Red
HPM 70.1, Chapter 15
What is the minimum retention period for an MVARS DVD?
One year
HPM 70.1, Chapter 15
During a DMV hearing, if the DMV hearing officer refuses to sign a CHP 36M and does not grant a continuance, should the officer allow the MVARS video to be viewed?
Yes (then contact Office of Legal Affairs within one business day)
(HPM 70.1, Chapter 15)
What is the retention period of MVARS DVDs used for administrative purposes.
5 years
HPM 70.1, Chapter 15