70.6 Flashcards
T/F
The force must be reasonable under the circumstances known to the officer at the time force was used.
True, objectively reasonable
T/F
Less-lethal force has a zero probability of producing fatalities or permanent injuries.
False, does not have
Uniformed employees must be guided by two key principles in the understanding and application of the use of force policy:
(a) Sound professional judgment.
(b) The use of only that force reasonable for the situation as provided by law and in conformance with departmental policy.
When officers are involved in or witness an incident in which they believe excess force may have been used by any peace officer, they (shall/should/may) immediately report the incident to a CHP supervisor and submit a report thoroughly documenting the events.
Shall
Whenever, in the officer’s opinion, the use of force by any peace officer (CHP or allied agency) is excessive, it (is/is not) the responsibility of the officer to take immediate action appropriate for the circumstances.
This (should/should not) include verbal and/or physical intervention necessary to mitigate the use of excessive force.
Is
Should
homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either:
(1) In obedience to:
any judgment of a competent court;
homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either:
When necessarily committed in overcoming ______ __________ to the execution of some _____ ________, or in the discharge of any other _____ ____.
actual resistance
legal process
legal duty;
homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either:
(3) When necessarily committed in retaking ______ who have been rescued or have escaped, or when necessarily committed in arresting persons charged with a felony, and who are:
felons
fleeing from justice or resisting such arrest.
In reference justifiable homicide: the word “necessarily” means:
that all other means of affecting arrest have been exhausted.
When the attack is sudden and danger imminent, an officer may stand and ____ __ ________ even though it may be shown that ______ could have been gained in flight. There is no duty to:
slay an attacker
safety
abandon attempts to affect custody.
Firearms used by an officer in the course of their employment are considered:
defensive weapons
Self-defense is based upon the attendant circumstances which are sufficient to ______ ___ ____ of a ___________ ___ ________ ______ and upon the reasonable appearance of ________ _____ of death or serious bodily injury.
excite the fear
reasonable and prudent person
imminent peril
T/F
Bare fear alone may justify the discharge of a firearm against a human being.
False, does not
The shooting of an animal should be undertaken:
Supervisor’s approval to destroy the animal (shall/should) be obtained with consideration of the geographical location and the employee’s experience.
only as a last resort.
Should
In the event of a reportable firearm discharge, the discharge shall be reported to a supervisor as soon as:
the situation is stabilized.
When making a right side approach, officers (shall/should consider a _________ side approach, rather than passing between the vehicles.
Should
Right
Once the interior of the violators vehicle no longer needs to be illuminated, the spotlights (shall/should/may) be turned off or:
Should
Moved to one side
During darkness, the flashlight (shall/should/may) be used to the fullest extent, including tracking:
Should
The violators hand movements
Both partners (shall/should/may) exit the patrol vehicle on every initial stop/contact.
Shall
Officers (shall/should/may) not sit in the patrol car during the traffic stop unless:
Shall not
Unusual circumstances necessitate doing so for safety
The circumstances of a traffic stop may change, so Officers (should/should not) attempt to control the movements of the violator and maintain a:
Should
Zone of safety for all
If there is sufficient space, FSTs (shall/should/may) be administered on the right side of the patrol vehicle.
May
The first (time) are crucial in an officer’s contact with the violator.
60 seconds
Immediately after greeting the violator, the officer (shall/should/may) briefly explain why the enforcement stop was made.
Shall
After explaining to the violator the reason for being stopped, the officer (shall/should/may) request a driver license.
Should
(Do not/Officers may) make an enforcement stop for an obvious violation, then cite for something else.
Do not
The officer (shall not/should not) make their decision based on the attitude and/or appearance of the violator.
Should not
Officers (shall/shall not/should/should not/may/may not) apologize for taking an appropriate enforcement action.
Should not
Officers (are/are not) encouraged to let an upset violator talk and vent.
Are, to allow a safety valve for the violators
Officers (may/may not) enter into a discussion as to whether or not the citation can be adjudicated by mail.
May not
While on duty, officers (shall/shall/may) have their departmentally-issued ID card in their immediate possession, in accordance with Highway Patrol Manual:
Shall
73.5
On-duty officers receiving requests to view photographic ID (shall/should/may) comply by displaying the front (photograph) side of their departmentally-issued ID card, unless:
Should
doing so would reasonably jeopardize officer and/or public safety.
The three exceptions to the requirement to present ID upon the request of the public are:
Under cover/investigative roles
Officers deployed to civil disturbances
If doing so would jeapordize officer safety
The officer (shall/should/may) make notes on the reverse side of the green copy.
Shall
The purpose of the pursuit policy is four fold:
To ensure CHP is in compliance with the law and POST
To inform officers of their legal limitations and obligations
To promote driving practices which enhance public safety and minimize exposure to the officer
To promote the operating efficiency of patrol equipment, reduce operational costs, and conserve fleet resources
This section states that all vehicles driven within the State of California, including government owned vehicles, are subject to Division 11-Rules of the Road
21052 VC
This section outlines conditions which, when met, exempt the driver of an AEV from obeying certain sections of the CVC known generally as the “Rules of the Road
21055 VC
Officers operating an authorized emergency vehicle are exempt from the rules of the road while:
(1) In response to an emergency call.
(2) engaged in rescue operations.
(3) In the immediate pursuit of an actual or suspected violator of the law.
(4) In response to, but not returning from, a fire alarm.
21056 VC states:
That 21055 VC does not relieve the driver of a vehicle from the duty to drive with due regard for the safety of all persons using the highway, nor protect him from the consequences of an arbitrary exercise of the privileges granted in that section.”
California Vehicle Code Sections 17001 and 17002 state that:
the state is liable for the death of a person, or injury to a person, or damage to property proximately caused by a negligent or wrongful act or omission in the operation of any motor vehicle by an employee of a public entity when the employee is acting within the scope of their employment.
Section 17004 states:
A public employee is not liable for civil damages on account of personal injury to or death of any person or damage to property resulting from the operation of an AEV in the line of duty.
Section 17004.7 VC states:
This section allows a public agency employing peace officers, such as the CHP, to invoke vehicle pursuit immunity if it has a written pursuit policy that both meets 12 minimum standards, and requires regular and periodic training
VC Section 21057:
California Vehicle Code Section 21057 expressly prohibits every officer from using a siren or driving at an illegal speed when serving as an escort, except when it is furnished for the preservation of life or expediting military movements during a national emergency
This section requires every state, county, and city law enforcement agency to record and report all _______ _______ ____ to the CHP. This data shall be submitted to the CHP within (time frame) of the pursuit.
vehicle pursuit data
30 days
The purpose of the red light and siren is to:
Speed above the posted speed is (often/seldom) necessary and/or justified
minimize traffic delay.
Seldom necessary or justified
California Vehicle Code Sections 25268 and 25269 restrict the display of warning lights to:
“extreme hazard” and “unusual traffic hazard” conditions.
Unless a greater hazard would result, a pursuit (shall not/should not) be undertaken if the subject(s) can be identified to the point where later apprehension can be accomplished
Should not
If the driver of a vehicle fails to stop as required, officers:
continue following until the violator:
Or until:
Or until the circumstances:
Or until the pursuit is:
are authorized to
voluntarily stops
relieved from the pursuit
warrant legal intervention
voluntarily discontinued.
An event involving one or more law enforcement officers attempting to apprehend a:
of the law in a motor vehicle while the driver is using evasive tactics, such as high speed driving, driving off a highway, turning suddenly, or driving in a legal manner, but failing to:
suspected or actual violator
It is the duty of the driver of an AEV to exercise that amount of care which, under all the circumstances, would not impose upon others an:
unreasonable risk of harm
Officers and supervisors (shall/should/may), at all times, utilize sound professional judgment when balancing the factors associated with vehicular pursuits
Shall
T/F
When emergency calls are based upon information received by the officer from a source other than dispatch, they must have sufficient information to justify the conclusion that an emergency situation exists which requires immediate police attention for the protection of persons or property.
True
Upon being notified of the pursuit, the supervisor (shall/should/may) immediately notify the communications center they are joining or monitoring the pursuit and:
Shall
accepting supervisory responsibility.
Once the supervisor becomes aware of the pursuit, they shall:
and conduct an:
take an active role in the pursuit
ongoing evaluation of the incident.
Supervisors are also responsible for ensuring the pursuit is conducted in accordance with the provisions of this chapter, including (4):
No more than the necessary number of units are involved.
Request for aircraft has been made.
The appropriate radio channel is being utilized.
Affected allied agencies have been notified.
The supervisor must also balance the known or reasonably suspected offense, and the apparent:
against the:
need for immediate capture
risks to peace officers, innocent motorists, and others to protect the public.
Supervisors are responsible for proceeding to the:
if at all practicable, to provide guidance and supervision, and to gather:
termination point
information for the pursuit report.
Whenever aircraft are available (according to information provided by dispatch) the supervisor, OIC, or primary pursuit unit (shall/should/may) request air support to a pursuit in progress.
Shall
If departmental or allied agency aircraft are involved in a pursuit, personnel shall:
when conditions permit, allowing air crews to monitor the pursued vehicle to a location where units can be directed to affect an arrest on the driver of the pursued vehicle
strongly consider terminating their active involvement in the pursuit
The involved flight crew (shall/should/may) advise the pursuing units and/or supervisor whether or not videotaping of the pursuit is occurring. At the conclusion of the pursuit, the involved aircraft (shall/should/may) notify the supervisor of the availability of the video footage.
Should
Shall
The involved flight crew, as soon as possible, (shall/should/may) advise the primary unit and supervisor of the number of law enforcement units involved in the pursuit.
should
Unless:
a pursuit (shall/should/may) not be undertaken if the subject(s) can be identified to the point where later apprehension can be accomplished.
a greater hazard would result,
Should not
When a pursuit extends into another CHP Area or allied agency’s jurisdiction, the responsible supervisor, or the primary unit if a supervisor is not available, (shall/should/may) determine if the other Area or allied agency should assume the pursuit.
Shall
If the pursuit is assumed by another CHP Area or allied agency, the initiating officer and the participating supervisor (shall/should/may) proceed, at legal speeds, to the termination point, if within a reasonable distance, to provide guidance and information required for the arrest.
Should
When discontinuing a pursuit, the supervisor or primary pursuit unit (shall/should/may) make radio contact with the officer(s) involved and ensure that the officer(s) acknowledge the order to discontinue the pursuit.
Shall
A supervisor’s permission (shall/should/may) be obtained prior to initiating legal intervention.
Should
Legal intervention on a pursued vehicle (shall/should/may) be undertaken only under the following circumstances:
When there is reason to believe:
AND
When the apparent risk of harm to:
is so great as to:
the continuation of the pursuit would place others in imminent danger of great bodily harm or death,
innocent bystanders or peace officers
outweigh the apparent risk of harm involved in making the forcible stop.
Ramming should not occur when either the pursued vehicle or the pursuing vehicle is traveling in excess of (#) miles per hour (mph).
35
The supervisor (shall/should/may) ensure any vehicle used in a pursuit or performance driving is placed out-of-service if the vehicle experienced any level of reduced brake efficiency or damage during the high-performance driving
Shall
At the conclusion of the pursuit, the supervisor, when appropriate, should conduct an:
with the officer(s) involved in the pursuit
incident debriefing
A supervisor shall evaluate all pursuits and complete a:
when the incident meets the definition of:
The entry into PRS shall be completed within:
of the pursuit.
CHP 187 Pursuit Report
a pursuit.
ten calendar days
Pursuit planning and coordination with allied agencies (shall/should/may) be undertaken in each Area.
Shall
Once the rear of the subject vehicle has been moved over (#) degrees from the original path of travel, loss of control of the subject vehicle is irreversible
25
The greatest danger of damage to the departmental vehicle and consequent injury to the officer during the execution of the PIT maneuver is from:
loss of control of the departmental vehicle after the maneuver is executed
The best method of pacing is to:
allow the violator to pull away.