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HPM 100.68 ENFORCEMENT MAN. > Chapter 2 > Flashcards

Chapter 2 Flashcards

1
Q

Officers should/shall physically arrest all felony violators as prescribed by law

A

SHALL

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2
Q

Ca Penal Code requires that an arrested person has the right to make at least ____ completed phone calls, immediately upon being booked or detained, and, except where physically impossible, no later that ____ hours after arrest.

If upon questioning, an arrestee is identified as a custodial parent with responsibility for a minor child, the arrestee SHALL be entitled to make ____ additional calls for the purpose of arranging for the care of the child.

A

THREE and THREE and TWO ADDITIONAL (additional calls SHALL be given immediately upon request, or as soon as practicable.)

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3
Q

TRUE OR FALSE: Officers should physically arrest all violators meeting the conditions described in Section 40302 of the CVC.

A

TRUE. (40302=shall be taken
without unnecessary delay before a magistrate.)

A complaint may be filed in those instances where no useful purpose would be served through the violator’s incarceration eg. elderly/sick/pregnant/juvi (Officers shall coordinate the release with a supervisor when one is available.)

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4
Q

TRUE OR FALSE: A person taken into custody for failure to sign (40302 CVC) shall be afforded every opportunity permitted by law to sign the CHP 215 and, thereby, secure release from custody.

A

TRUE

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5
Q

TRUE OR FALSE: When a violator refuses to sign the CHP 215, the arresting officer SHALL direct the violator’s attention to the introductory statement over the violator signature line which reads: “Without admitting guilt, I promise to appear at the time and place designated below.”

A

TRUE

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6
Q

TRUE OR FALSE: When a violator refuses to sign the CHP 215, the arresting officer SHALL carefully explain that signing the citation has the same effect as cash bail, which is required for release if taken before a magistrate or to jail.

A

FALSE (SHOULD)

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7
Q

If the violator still refuses to sign the citation and it appears a physical arrest will be necessary, the officer SHOULD notify an on-duty supervisor.

The supervisor SHOULD determine the appropriate course of action and respond to the scene as necessary.

A

FALSE (SHALL) and (SHALL)

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8
Q

After originally refusing, violators can sign the CHP 215 up until….

A

The booking process has begun.

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9
Q

TRUE OR FALSE: After refusing and then signing the CHP 215, the violator SHOULD be transported to their vehicle or the original place of arrest, when practical.

A

TRUE

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10
Q

Officers physically arrest cite and release violators when…

A

A. violator will not be available for due process of the law

B. danger to themselves or others

C. Violator refusing to submit to inspection of Size, Weight, and/or equipment.

D. DUI bike/scooter (Areas with cite and release programs)

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11
Q

TRUE OR FALSE: Juveniles shall be cited into a juvenile court, a juvenile referee, or a juvenile hearing officer within the county in which the offense charged is alleged to have been committed.

A

TRUE

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12
Q

Custody of minors should/shall be handled in the manner which least restricts the minor’s freedom of movement, provided such disposition is compatible with the best interests of the minor and the community.

A

SHALL

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13
Q

What are the four ways to release a minor?

A
  1. Release
  2. Deliver or refer the minor to a public or private agency with which the city or county has an agreement.
  3. Prepare a CHP 215 for appearance before the probation officer of the county in which the minor was taken into custody.
  4. Take the minor without unnecessary delay (24 hours or less) before the probation officer of the county in which they were taken into custody.
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14
Q

TRUE or FALSE: The officer SHALL prepare a concise written statement of the probable cause and reasons for taking the minor 8into temporary custody. The officer SHALL provide the statement to the probation officer at the time the minor is delivered.

A

TRUE

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15
Q

When an officer is taking a minor before a probation officer or to a place of confinement the officer SHALL do what?

A

Take immediate steps to notify a relative.

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16
Q

When notifying a relative officers SHOULD do what?

A

Attempt to explain the procedures relating to a juvenile detention or custody.

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17
Q

Minors have the right to make how many phone calls?

A

TWO. One may be to a parent/guardian/employer and the other to a lawyer.

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18
Q

Where physically possible, the minor is allowed to make their 2 phone calls within ___ hour(s) of being taken into custody.

A

ONE

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19
Q

TRUE or FALSE: Minors phone calls must be made in the presence of an officer or employee.

A

TRUE

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20
Q

Officers should/shall not knowingly detain a minor in a jail or lockup for adults.

A

SHALL NOT

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21
Q

WIC generally provides that a minor may not be detained in a jail for adults, an exception permits the temporary, secure detention of a minor in a police or sheriff’s lockup, not a jail, if the minor meets what criteria?

A
  1. Minor is 14 years or older
  2. Minor has violated a criminal law.
  3. Officer believes the minor presents a “serious security risk of harm to self or others”.
22
Q

Under the exception, a minor may not be detained in an adult lock up for longer than ___ hours.

A

SIX (If being held longer than six hours the minor must be moved to a juvenile facility).

23
Q

The temporary detention of a minor in an adult facility must be for the purpose of what?

A

give the officer time to investigate the case, facilitate release of the minor or to arrange transfer to an appropriate juvenile facility.

24
Q

If a minor is detained in an adult facility what four things MUST happen?

A
  1. Must be separated from adults
  2. Must be told how long the incarceration can last.
  3. Must be adequately supervised.
  4. The law agency must keep a written record explaining the need and length of the secure detention.

DEPARTMENTAL POLICY MAKES IT A “SHALL”

25
Q

TRUE OR FALSE: If a minor is under 14 years of age he/she must be put in a nonsecure room and final disposition must take place within 6 hours.

A

TRUE

26
Q

If supervised can a minor be taken into an adult detention center for the purpose of chemical testing?

A

YES (not locked, continuous supervision, no contact with adult inmates) (When possible other buildings should be used)

27
Q

TRUE or FALSE: a minor’s refusal to sign a citation would not bring the minor within the mandatory incarceration provisions of the CVC.

A

FALSE (it does bring them into the mandatory incarceration provisions of the CVC.)

28
Q

If a minor is arrested but there will be no interrogation, when must the Miranda warning be provided?

A

Just prior to the release to a jail facility or to a parent.

29
Q

If a minor is subject to interrogation, the duration of the interrogation and number of interrogators used shall be limited to what?

A

That which is reasonably necessary for the purposes of the investigation.

30
Q

CHP officer should/shall accept custody of persons arrested by private persons?

A

SHALL

31
Q

What goes in the “SPECIAL” box on the 215 in a private party arrest?

A

“PRIVATE PERSON’S ARREST” (file with a copy of 216/202)

32
Q

In a private persons arrest within the city or county the responsible agency should/shall be requested to handle the arrest to conclusion.

A

SHOULD

33
Q

Is the a requirement for the officer accepting custody of a person arrested by a private citizen to determine probable cause?

A

NO

34
Q

If the officer can’t determine probable cause he/she should/shall release the in-custody.

A

SHOULD (DOCUMENT THE CIRCUMSTANCES SURROUNDING THE INCIDENT AND THE REASON FOR THE RELEASE ON A MEMORANDUM TO THE Area.

35
Q

849 b form (CHP 103) should/shall be signed by the releasing officer or their supervisor.

A

SHALL

36
Q

A CHP 103 should/shall normally be issued by a supervisor.

A

SHALL (If a supervisor is not available, the arresting officer may issue the certificate.)

37
Q

Officers should/shall negotiate the release with his/her supervisor.

A

SHOULD

38
Q

Who SHALL be responsible for having copies of the CHP 103 in their possession.

A

SUPERVISORS

39
Q

A CHP 103 SHALL be completed in ____ forms

A

DUPLICATE (original SHALL be filed at the Area office and the copy SHALL be delivered to the person being released.)

40
Q

If the CHP 103 cannot be hand delivered what shall occur?

A

Mailed to the person released from custody. (The mailing date SHALL be noted on the Area office copy.

41
Q

When can an officer physically arrest a person for violation of 12500 or 14601?

A

Physical arrests SHALL only be made with the concurrence of a supervisor or in response to a warrant.

42
Q

Driver charged only with Section 14603 (provisions of a restricted lic.) should/shall not be taken into custody only to prevent recurrence of the offense.

A

SHALL NOT (However, an officer SHOULD provide reasonable assistance to the driver in order to prevent recurrence of the offense.

43
Q

TRUE or FALSE: Officers SHALL not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe that the person is under 16 years of age.

A

TRUE

44
Q

TRUE or FALSE: Officer are required to surveil an unlicensed driver to preclude the recurrence of an offense.

A

FALSE

45
Q

Restricted driving hours for provisional drivers are…

A

11:00 PM TO 5:00 AM

46
Q

Provisional driver’s need a licensed driver ___ years of age or older, in the vehicle when transporting passengers under ___ years of age at any hour.

A

25 years old and 20 years old.

47
Q

Exceptions for the provisional driver to transport passengers are:

A
  1. Medical need
  2. School activity
  3. Employment
  4. Immediate need of a family member.
  5. Emancipated minor
48
Q

Can you stop a vehicle for the sole purpose of enforcing provisions of the graduated driver license?

A

No (SHALL NOT)

49
Q

What is the restriction code for a provisional driver?

A

Restriction code 47

50
Q

Off-duty enforcement actions are discouraged and should not be conducted unless…

A

the violation is serious in nature or poses a danger to the public.

51
Q

Notification of an off duty enforcement action shall be made to the officers command…

A

as soon as practical.

52
Q

Officer should/shall arrange for a medical examination whenever a prisoner…

A

(SHALL)…appears to be in need of OR requests medical attention.

HPM 100.68 ENFORCEMENT MAN. (9 decks)

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