CPOLS chapters 15-17, Manuals: Search, Active Shooter, Hostage, Carotid. Week 11 Flashcards by R V

In critical situations where “instant relief” is appropriate, a court may issue a temporary restraining order (TRO) at the same time it issues the OSC. Such a restraining order is called “temporary” because it stays in effect only until the ___________ with the defendant takes place. Such a hearing must be scheduled promptly, usually within a week or two. (Code Civ. Proc., § 527.) (Chap. 15, IV, B, 2)

a) jury trial
b) arraignment
c) preliminary hearing
d) evidentiary hearing

d) evidentiary hearing

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Also, under section 6320, subdivision (b), on a showing of good cause the court may impose a “stay away” order as to any pet or animal. (Chap. 15, IV, B)

a) true
b) false

a) true

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Which of the following is NOT a true statement? (Chap. 15, IV, B, 5)

a) The officer in the field should make a reasonable effort to determine if there has been a notice and hearing or a waiver of notice and hearing.
b. Officers should not try to interpret the contract or get involved in any manner in private repossessions, except to keep the peace.
c. A person who makes a good-faith repossession without complying with the notice and hearing requirements is subject to civil liability, but not criminal liability.
d. Assuming that there has been a waiver of notice and hearing, the repossessor may retake property wherever he finds it, within limits.

a) The officer in the field should make a reasonable effort to determine if there has been a notice and hearing or a waiver of notice and hearing.

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Generally, the landlord may either leave personal property in the vacated premises or may put it in safe storage. Either way, the landlord must give written notice to the former tenant, describing the abandoned property, informing the tenant (or other owner) where the property may be claimed, and advising her that she has _____ (in the case of personal delivery of the notice) or _____ (in the case of mailing the notice) within which to pay for the storage and take possession of the property. “ (Chap. 15, VII, B, c)

a) 30 days/90 Days
b) 10 days / 20 days
c) 15 days /18 days
d) 15 days / 20 days

c) 15 days /18 days

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Private re-possessors are not required to have a state license. (Bus. & Prof. Code, §§ 7500-7583.). (Chap 15, VI, A, 6)

a) true
b) false

b) false

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Not all “occupants” are “tenants” whom the landlord can evict only by bringing an unlawful detainer lawsuit. For example, Civil Code section 1946.5 was enacted in 1986 to speed up and make easier the removal of a “lodger” (aka “roomer”) who has temporary possession of a dwelling unit with the owner.
Which of the following is NOT one of the four conditions that must be met in order for this statute to apply.. (Chap 15, VII, E)

a) the dwelling must be owner-occupied
b) the owner must retain a right of access to all areas of the dwelling and have overall control of the unit, i.e., no locked doors
c) the lodger/roomer must be the only lodger residing in the unit
d) the lodger must have not contracted either for room, or for room and board, i.e., must have agreed not to provide something of value (a “reward”) to the landlord in return .

d) the lodger must have not contracted either for room, or for room and board, i.e., must have agreed not to provide something of value (a “reward”) to the landlord in return .

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Darkness” may occur under this definition as a result of fog, rain, snow, blowing dust or sand, smoke, or any other situation that reduces visibility to less than _______ feet. (Chap 16, II, 6)

a) 100
b) 700
c) 500
d) 1000

d) 1000

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Which of the following is not considered a vehicle. (Chap 6, VIII, C, 1, a)

a) Motorcycle
b) Car
c) Rickshaw
d) Carts and buggies drawn by animals

c) Rickshaw

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A passenger, who was being cited for possessing an open container of alcohol, told the officer his true name but said he did not have any identification on him or with him. Without inquiring further, and without having any express basis for thinking the violator was lying, the officer took him into custody under Vehicle Code section 40302(a) for “failing to produce satisfactory evidence of identification.” A search incident to this custodial arrest produced contraband. (Chap 16, III)

a) The custodial search and arrest were proper
b) The custodial search and arrest were overturned
c) The custodial search was overturned because no proper reason for the arrest existed
b) b and c

b) b and c

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If an arrested person is taken into custody pursuant to Vehicle Code section 40302, subdivision (a), (failing to produce satisfactory evidence of identification) involving the operation of a motor vehicle, the jailer may detain the person, not to exceed two hours, to verify his identity. (Veh. Code, § 40307.) During this “detention,” a full-body search, equivalent to a “booking search,” is permissible. (Chap 13, I, G, 9)

a) true
b) false

a) true

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The owner is required to keep the registration card or a facsimile copy with the vehicle for which it is issued unless the vehicle: (Chap 16, IV).

a) was built prior to 1910
b) is left unattended
c) the registration has been removed to apply for renewal or transfer
d) is a hybrid full size Tahoe SUV that gets 2 additional mpg’s than the standard Tahoe and costs 10 thousand dollars more
e) b and c only

e) b and c only

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Starting in January 2013, proof of insurance may be provided using a mobile electronic device. (Chap 16, IV, A, 6).

a) True
b) False

a) True

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Proof of insurance cannot be requested of a driver who has not committed a traffic offense; however, the driver of a vehicle can be detained for the purpose of investigating a possible violation of section 16028. . (Chap 16, A, 6

a) true
b) false

b) false

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The rear license plate must be __________ inches from the ground and the front plate not more than ____ inches from the ground. (Chap 16,IV, A, 8)

a) 12-30, 30
b) 12-40, 40
c) 12-50, 50
d) 12-60, 60

d) 12-60, 60

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A person may drive a vehicle when his driving privilege is suspended or revoked while using an employer’s vehicle in the course of employment on property owned by the employer, except while on an off-street parking facility. “ (Chap 16, V, B, 3).

a) true
b) false

a) true

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It is a “_______________________” for a driver to enter an intersection, marked crosswalk, or railroad or rail transit crossing, even with the light green, unless there is sufficient room on the other side so as not to block traffic in the other direction or obstruct the through passage of the railway vehicle. The same applies to a driver making a turn on a yellow light. (Chap 16, VIII, A, 11).

a) parking violation
b) infraction
c) misdemeanor
d) felony

a) parking violation

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A driver under the age of 21 years is prohibited from using any mobile service device or wireless telephone while driving, even if the phone is equipped with a hands-free device. (Chap 16, VIII, G).

a) True
b) False

b) False

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If you observe someone driving a vehicle, and then determine that his license is suspended or revoked, the courts will figure that the vehicle “was used in the commission of a public offense”, and that therefore section 22655.5 permits you to impound it, even though the car is on private property, such as a McDonald’s parking lot, at the time you are dealing with the driver. (Auer (1991) 1 Cal.App.4th 1664.) (Chap 16,VII, A I).

a) true
b) false

a) true

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The buyer has a right to “protest” or “object,” either verbally or by conduct, to the repossessor taking back the property. If this protest is so severe that the repossessor cannot take back the property without breaching the peace, i.e., using force or threats, then the repossessor loses his opportunity for “self-help” and will have to resort to legal process to regain possession of the property. (Burns (1979) 96 Cal.App.3d 591, 600; Comm. Code, § 9503.) However, the buyer’s protest must be made before the repossessor has taken possession of the object. Which of the following is also true regarding repossessions. (Chap 15,VI, 3).

a) For cars and other vehicles subject to registration under the Vehicle Code, a repossession occurs when the repossessor gains entry to the vehicle
b) The buyer’s spouse has the same privilege to object as the buyer does
c) for cars and other vehicles subject to registration the Vehicle Code, a repossession occurs when the vehicle becomes connected to a tow truck
d) a and c only
e) all of the above

e) all of the above

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A person who makes a good-faith repossession without complying with the notice and hearing requirements is subject to both civil and criminal liability. (Chap 15, VI, 5, C).

a) true
b) false

b) false

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Note: If a citizen has made an arrest for an infraction, it would appear that you have the same duties, powers, and responsibilities that you would have if the arrest had been for a misdemeanor.

a) True
b) False

a) True

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If the non emergency order does not reflect an expiration date on its face, it
lasts (_____) years. (Fam. Code, § 6345.)

a) One
b) Two
c) Three
d) Four

c) Three

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A repossessor does have the right to go onto privately owned land to retake. For example, the repossessor may retake an automobile from a driveway or furniture from an open porch.

a) True
b) False

a) True

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After a repossessor repossesses, he must also notify the police in writing within (___) hours of repossession.

a) 12
b) 24
c) 36
d) 48

b) 24

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Even if a landlord has proper legal grounds for evicting a tenant, it is lawful for him to use any of the methods discussed below (i.e., lockout, seizure, trespass, etc.) in an attempt to force the tenant to vacate the premises. a) True, legal grounds have been satisfied b) False, must get an "unlawful detainer" action to have his tenant evicted legally.

b) False, must get an "unlawful detainer" action to have his tenant evicted legally.

When an eviction process occurs and there was property left at the residence from the tenant, the owner must advise the tenant that they have (___) days (in the case of personal delivery of the notice) or 18 days (in the case of mailing the notice) within which to pay for the storage and take possession of the property. a) 12 b) 13 c) 14 d) 15

d) 15

This notice also informs the former tenant (or other owner) that if she fails to reclaim the abandoned property within the specified time, it will be sold at a public sale or, if its resale value (probably referring to garage sale prices) is less than ($___), that it may be kept, sold, or destroyed by the landlord. a) $200 b) $300 c) $400 d) $500

b) $300

8) What vehicle section codes are citable. a) Punitive b) Authoritative c) Definitive d) Procedural

a) Punitive

Example: The Vehicle Code defines "darkness" as any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on a highway at a distance of (____feet). "Nighttime" is defined in the Penal Code as the period between sunset and sunrise. a) 500 b) 1000 c) 1500 d) No determined distance

b) 1000

Can fog, or other weather factors be considered when determining Darkness? a) Yes b) No

a) Yes

"A magistrate may orally order a peace officer or private person to arrest anyone committing or attempting to commit a public offense in the presence of such magistrate." a) True, it is sufficient for the crime to be committed in the presence of a magistrate b) False, must be committed in the presence of an officer c) It’s Jens birthday 3 months so we should probably consider taking her completely out of the rotation… Not!

a) True, it is sufficient for the crime to be committed in the presence of a magistrate

An OSC “Order to Show Cause” is merely a court order to the other side (the defendant or respondent) commanding him to be present at the hearing and give reasons, i.e., "show cause," why the relief the plaintiff (petitioner) is seeking should not be granted. a) True b) False

a) True

A protective order is not valid or enforceable even though it does not expressly state the address of the petitioner, the petitioner's place of residence, the child's school, etc. (Fam. Code, § 6225.) a) True b) False

b) False

(Duration of Non-Emergency Orders )An order issued after notice and hearing normally will last no more than (____) year(s). However, by stipulation or motion of a party, a court can extend this time, and orders lasting five and ten years, or even longer, are being issued more often. If the order does not reflect an expiration date on its face, it lasts (____) year(s). (Fam. Code, § 6345.) a) One b) Two c) Three d) Four

c) Three

In regards to a protective stay away order, there is no "public place" exception as long as the violation is knowing and intentional. a) True, is a violation under these circumstances in public b) False, Public has no specific intent to violate the order

a) True, is a violation under these circumstances in public

Can an employer seek a temporary restraining order or an injunction against any individual on behalf of an employee or any number of employees who have suffered unlawful violence or a credible threat of violence at the employees' workplace? (Code Civ. Proc., § 527.8.) a) Yes, this is extended to the employer b) No, TRO’s are individually given to specific credible threats to probable victims

a) Yes, this is extended to the employer

During Labor Disputes, would loitering to picket in the immediate vicinity of posted property or to engage in other lawful activity which informs the public about a labor dispute be illegal?(Pen. Code, § 555.2) a) Yes, it’s illegal b) No, not illegal

b) No, not illegal

Example: While intoxicated, Cowman unexpectedly drove his car off the highway down a six-foot embankment and came to rest in the sand, without any injury or damage to himself or his vehicle. a) HELD: This was constituted as an "accident" within the meaning of Vehicle Code section 40300.5, and an officer had no legal right to arrest Cowman. b) HELD: This constituted an "accident" within the meaning of Vehicle Code section 40300.5, permitting an officer to legally arrest Cowman even though the accident did not occur in the officer's presence.

b) HELD: This constituted an "accident" within the meaning of Vehicle Code section 40300.5, permitting an officer to legally arrest Cowman even though the accident did not occur in the officer's presence.

A violation of Vehicle Code section 22450 does not require that the entire vehicle cross the limit line. a) True b) False

a) True

(____) means good and sufficient on its face, i.e., that which suffices for the proof of a particular fact until contradicted and overcome by other evidence. a) Absolute Speed b) Prima Facie c) Basic Speed Law

b) Prima Facie

“OSC” stands for (CPOLS 15.6) a. Other showing of cause b. Order to show cause c. Order to show caca d. Other scandalous Caucasians

b. Order to show cause

A temporary restraining order (TRO) shall stay in place until (CPOLS 15.6) a. The defendant is served with their notice b. It is cancelled by the petitioner c. An evidence hearing is held (usually within a week or two) d. Mr. T says so, FOOL (p.s., eat your vitamins)!

c. An evidence hearing is held (usually within a week or two)

An ex parte order happens when (CPOLS 15.6) a. Its my ex parte and I’ll cry if I want to b. One party of the restraining order is an “ex” spouse c. Malcom EX presides over the court d. One party obtains the order without notifying the other party

d. One party obtains the order without notifying the other party

A permanent injunction terminates after (CPOLS 15.7) a. 3 years b. 5 years c. 7 years d. Indefinitely or until modified or dissolved

d. Indefinitely or until modified or dissolved

Typically, a protective order, both emergency and non-emergency terminate after (CPOLS 15.9) a. 3 years b. 5 years c. 7 years d. Indefinitely or until modified or dissolved

a. 3 years

What is not a reason a judicial officer may issue an ex parte emergency protective order (CPOLS 15.11) a. A person is in immediate and present danger of domestic violence b. A child is in immediate and present danger of abuse c. A child is in immediate and present danger of being abducted d. This is the obvious answer e. A elder or dependent adult is in immediate and present danger of abuse

d. This is the obvious answer

An EPO takes effect when it is issued and expires (CPOLS 15.12) a. Close of business (5:00 pm) on the fifth court day after it was issued b. On the seventh calendar day c. Whichever comes first d. All of the above

d. All of the above

After an officer has obtained an EPO, they must do all of the following (CPOLS 15.12) a. Serve the defendant if they can be reasonably located b. Give a copy of the order to the protected person c. File a copy of the order with the court as soon as possible d. All of the above

d. All of the above

An officer can legally enter a private residence to serve a defendant with a restraining order, even without consent (CPOLS 15.13) True / False

False

Of the following, what restraining order would not be enforced here in California (CPOLS 15.15) a. RO obtained in Nevada b. RO obtained in Canada c. RO obtained in Puerto Rico d. None of the above would be recognized by a California court

b. RO obtained in Canada

A defendant of a restraining order must relinquish their firearms within ___ hrs (CPOLS 15.16) a. 12 b. 24 c. 36 d. Cold dead hand, copper!

b. 24

Repossession occurs when ______ (CPOLS 15.22) a. The repossessor gains entry to the vehicle b. The vehicle becomes connected to the tow truck c. The legal owner sends a notice of non payment d. Carol Ann walked toward the light… e. A and B

e. A and B

Since Ray is Cuban, he has defaulted on his car payment and the bank is, again, after his 72 El Camino. This time, Ray parks his car in an attendant manned parking lot under down town plaza while he is shopping for a 5.11 clutch purse. The repossessor sees Ray’s car and legally tows it. a. Totally legal b. Totally illegal

b. Totally illegal

The sidewalk is part of the highway (CPOLS 16.5) True / False

True

Of the following, what is not a traffic control device (CPOLS 16.7) a. Sign b. Speed bump c. Signal d. Marking

b. Speed bump

A registered owner of a vehicle must notify the DMV within ___ days of a change of address a. 5 b. 7 c. 10 d. 15

c. 10

While intoxicated, Jeff unexpectedly drove his truck off the highway down a six foot embankment and came to rest in the sand, without any injury or damage to himself or his truck. Jeff’s incident is classified as an accident (CPOLS 16.22b) True / False

True

The prima facie speed limit in an alley is (CPOLS 16.41) a. 5 mph b. 10 mph c. 15 mph d. 25 mph

c. 15 mph

The prima facie speed limit in a residential or business district is (CPOLS 16.41) a. 15 mph b. 20 mph c. 25 mph d. 35 mph

c. 25 mph

Per 22651 I VC, an officer may tow a vehicle from a highway or public lands with ___ or more parking citations without response within ___ days (CPOLS 16.47) a. 3 / 7 b. 5 / 15 c. 5 / 21 d. 7 / 21

c. 5 / 21

Generally speaking, orders under the Domestic Violence Prevention Act Orders can only be obtained for free if supported by law enforcement agencies. a. True b. False

B (Orders can be obtained for free regardless.)

An EPO may be issued if a child is in immediate and present danger of abuse by a family or household member based on the child’s allegation of a recent incident or threat of abuse. a. True b. False

a. True

Domestic violence restraining orders from other states are and US territories are not enforceable in California. a. True b. False

b. False

A repossessor loses their opportunity for _____ when protested by the buyer. The repossessor will have to resort to legal process to regain possession of property. However, a buyer’s protest must take place ______ repossessor efforts to take possession of the object. a. Self-help / before b. Free right / during c. Self-help / after

a. Self-help / before

Can a repossessor take custody of a vehicle that is in the care of a bailee? a. No, bailees (such as valets) do not enjoy the same third-party rights as the buyer. b. Yes, fair game

a. No, bailees (such as valets) do not enjoy the same third-party rights as the buyer.

A landlord may use which of the following tactics to encourage a tenant to vacate a property. a. Lockout b. Unlawful detainer c. Seizure d. Trespass

b. Unlawful detainer

In order for property to be considered “abandoned,” the tenant must be at least ______ behind in rent payments before the landlord is entitled to give written notice. a. 10 b. 12 c. 14 d. 16

c. 14

In order to be considered a “lodger,” which of the following criteria must be met, except? a. Lodger/roomer has stayed over 6 months. b. Dwelling must be owner-occupied. c. Owner must retain access to all areas and have overall control of unit. d. Lodger/roomer must be the only one residing in unit. e. Lodger must have contracted either for room, or room/board.

a. Lodger/roomer has stayed over 6 months.

It is illegal to loiter to picket in the immediate vicinity of posted property or to engage in other lawful activity which informs the public about a labor dispute. a. True b. False

b. False

Which of the sections contained in the Vehicle Code are “citable?” a. Definitive b. Procedural c. Authoritative d. Punitive e. Gefilte

d. Punitive

A propelled device that utilizes “direct drive” is still considered a bicycle. a. True b. False

B (By definition, not a bicycle - considered a pedestrian.)

A “driver” is which of the following? a. Person in possession of keys. b. Person who drives. c. Person with actual physical control. d. All of the above e. Either A or B f. Either B or C

f. Either B or C

A highway is only considered such when it has been dedicated. a. True b. False

B (Not considered highway until open for vehicular traffic. Temporarily closed to traffic areas are not highways.)

According to 415 VC, the trailer portion of a tractor/trailer is considered a motor vehicle. a. True b. False

a. True

Pedestrians must yield to EPAMD’s) Electric personal assistive mobility devices a. True b. False

B (Electric personal assistive mobility devices must yield to pedestrians.)

Vehicles being hauled, even though not contacted the surface of a highway, are not exempt from 4000 VC. a. True b. False

B (Vehicles being hauled are exempt, as long as they don't touch highway.)

An officer stops Ray driving his lawn mowing company truck. The officer suspected Ray was too young to possess a valid driver’s license. According to 12801.5 VC, how old must the officer reasonably believe a driver is under to affect a stop to check a driver’s license? a. 13 b. 14 c. 15 d. 16

d. 16

Children under the age of _____ and weighing less than _____ pounds must be secured in a child passenger restraint system a. 6 / 60 b. 7 / 60 c. 8 / 80 d. None of the above

d. D (Age 8 is the sole requirement, weight is insignificant. Every child under the age of eight transported upon a highway in a motor vehicle, as defined, must travel in the rear seat secured in a child passenger restraint system that meets applicable federal motor vehicle safety standards.

The maximum speed that a motortruck or truck tractor having three or more axles, school bus, farm labor vehicle when transporting passengers, vehicle transporting explosives can go is _____ mph. a. 50 b. 55 c. 65 d. 70

b. 55

It is unlawful to smoke a pipe, cigar or cigarette in a motor vehicle, whether in motion or at rest, if a minor is present. a. True b. False

a. True

Is it still a violation of using a wireless telephone while driving if the driver manipulates and uses their wireless telephone while waiting for a traffic light to change? a. No, driving is considered only when the vehicle is in motion. b. Yes, driving includes stopped at a traffic light.

b. Yes, driving includes stopped at a traffic light.

When a restraining order is obtained with both parties present it is considered an “ex parte” because it was obtained with both parties present. a. True b. False

b. False

How long do restraining orders, protective orders, etc.. usually stay into affect? a. Three months b. 1 year c. 3 years d. 5 years

c. 3 years

When do emergency protective orders expire? a. Within 72 hours b. Fifth business day after it was issued c. Seventh calendar day after it was issued d. B and C

d. B and C

When you are serving an emergency protective order it is legal to enter into a private residence without a warrant to serve that person a. True b. False

b. False

A violation of a court order is a misdemeanor violation of 273.6PC a. True b. False

b. False, 166 PC

A repossessor may retake furniture from an open porch. a. True b. False

a. True

A seller of an automobile that wants to repossess their property needs a state license to do so. a. True b. False

b. False

A lodger has no rights as far as a tenant and therefore do not have the right to a 30-day notice. a. True b. False

b. False

Which of the following in not one of the Mandatory Appearance criteria which requires officer to take a subject to jail for a VC violation. a. Driver fails to present ID b. Driver refuses to provide consent to search for contraband pursuant to 23222 VC, marijuana in vehicle c. Driver refuses to sign ticket d. 23152 sections e. Driver demands to see a judge f. None of the above

b. Driver refuses to provide consent to search for contraband pursuant to 23222 VC, marijuana in vehicle

In McKay, the court held that a subject’s oral identification would suffice as ID and hence the subject would not be subject to incarceration and hence, not subject to a search incident to arrest. (page 16.12) a. True b. False

b. False

Traffic stops/investigative stops based on anonymous reports of DUI are unlawful and are considered illegal detentions. a. True b. False

b. False

Can an officer stop a vehicle for suspect DUI even if no vehicle code has been violated? (Page 17.2) a. Yes b. No

a. Yes

A driver must be tested within ___ hours for the courts to presume that the defendant had the same BAC level at the time he drove as when arrested. a. 1 hours b. 20 minutes c. 3 hours d. None of the above

c. 3 hours

As of January 1 2013, a driver suspected of DUI alcohol or drug as a choice of two test.. a. Urine or Blood b. Blood or semen c. Semen or Breath d. Breath or blood

d. Breath or blood

Drivers must be under arrest before any chemical test may be given. a. True b. False

a. True

When a driver refuses a chemical test, what automatically happens? a. 148 PC is added as a charge b. License is suspended for one year and up to three years c. You must get a warrant d. Nothing

b. License is suspended for one year and up to three years

A detention is… a. When a person is consensually contacted b. Whenever a reasonable person-and innocent-believes they are not free to leave or feel they cannot disregard the police c. Must always end with an arrest d. None of the above

b. Whenever a reasonable person-and innocent-believes they are not free to leave or feel they cannot disregard the police

For detentions to be valid, you must have reasonable suspicion that.. (pick the most accurate answer) a. The person about to be contacted committed a crime b. The person about to be contacted is suspicious in nature c. Criminal activity is afoot and the person to be detained is connected with the possible criminal activity.

c. Criminal activity is afoot and the person to be detained is connected with the possible criminal activity.

Two city police detectives were assigned to the gang unit, which maintained a photographic file of known gang members and associates. One day they saw five males on known gang "turf," wearing gang clothing, standing together in front of an apartment where gang members often gathered, talking and socializing. The officers detained them (by ordering them to "stay there"), patted them down, ordered them to sit, interviewed each one individually, and photographed them. The entire process took 15 to 20 minutes a. Held, public outrage over gang crime allows for officer to contact known gang members b. Held, the example above shows enough reasonable suspicion to detain c. Public concern and outrage over crime and violence caused by gangs is not a sufficient reason to justify a detention without a specific basis for believing the individual is involved in criminal activity. d. None of above

c. Public concern and outrage over crime and violence caused by gangs is not a sufficient reason to justify a detention without a specific basis for believing the individual is involved in criminal activity.

Officers, who had probable cause but no warrant to arrest Oaxaca, saw him standing in his open garage, which was attached to his house. The officer entered and arrested Oaxaca. a. Held, entry into the garage was lawful cause PC exited and expectation of privacy into a garage is less than the actual home b. Held, it was illegal for the officers to walk into the garage through its open door without a warrant, consent, or exigent circumstances. "Simply put, a person's garage is as much a part of his castle as the rest of his home."

b. Held, it was illegal for the officers to walk into the garage through its open door without a warrant, consent, or exigent circumstances. "Simply put, a person's garage is as much a part of his castle as the rest of his home."

Officers responded to an anonymous tip concerning narcotics activity at a certain residence. Arriving there about 7:30 p.m., they drove down an alley and observed a Hispanic male standing in the rear yard of the residence. One officer recognized him, from an earlier arrest, and knew he did not live there. Upon seeing the officers, the man stepped back, away from them. The officers got out of their car and "hopped over" a three-and-a-half-foot chain-link fence, detained the man, and ultimately discovered contraband, legally, in a nearby chicken coop a. Held, entry into the backyard without a warrant, consent, or exigency was illegal. b. Held, warrantless entry in to the fenced backyard was legal

b. Held, warrantless entry in to the fenced backyard was legal

It was illegal for police to make observations through a side yard window that was mostly covered, when the officer had to crouch down and peek through a two-inch opening in the window shade. a. True b. False

a. True

Police, acting on an anonymous tip, went out to the suspect's property, walked past his house, went around a locked gate posted with "no trespassing" signs, and walked over a mile onto his private property to find a secluded parcel of marijuana that could not be seen from anywhere else. a. Held, given the measures the Police had to take constituted more than a simple trespass and hence the evidence was suppressed. b. Held, all these actions as involving only "open fields." The fact that the officers committed a technical trespass also made no difference and evidence was not suppressed.

b. Held, all these actions as involving only "open fields." The fact that the officers committed a technical trespass also made no difference and evidence was not suppressed.

The owner of a condominium permitted DEA agents to install audio and video equipment inside his residence, which the owner's brother-in-law was planning to use for a few days to manufacture some methamphetamine. a. "Clandestine observations into a private residence from a vantage point inaccessible to the public or an uninvited guest is a search which, and since they did not have a warrant it was illegal. b. Held, taping was legal since the bother had standing and could allow the taping of his own residence

a. "Clandestine observations into a private residence from a vantage point inaccessible to the public or an uninvited guest is a search which, and since they did not have a warrant it was illegal.

"Driving" includes the minor movement necessary to disengage a vehicle disabled by an accident from another car or object for the limited purpose of clearing traffic lanes by moving it to a safe place in the immediate vicinity. (Kelley (1937) 27 Cal.App.2d Supp. 771.). (Chap. 17) a) true b) false

b) false

A citizen who initially observed a man passed out in a Ford Bronco parked in her apartment complex saw him throw an empty Vodka bottle out of his vehicle and pass out a second time before driving out of the lot; he appeared to be intoxicated. The citizen called 9-1-1 and followed him in her own car, watching him (Thompson) run a red light and travel approximately 70 miles per hour on the freeway. She lost him after he exited the freeway because he was running stop signs and speeding in a neighborhood with children present. A Santa Barbara Police officer intercepted the citizen and drove to the address of the Bronco's registered owner. The citizen was brought to the residence to identify the Bronco, and officers confirmed that the Bronco had been very recently driven. (Chap. 17) a) The citizen's report established probable cause to justify Thompson's warrantless arrest b) The citizen's report did not provide probable cause to justify Thompson's warrantless arrest c) A warrantless search of the vehicle for evidence was allowed but the citizen's report did not provide probable cause to justify Thompson's warrantless arrest d) b and c only

a) The citizen's report established probable cause to justify Thompson's warrantless arrest

Chemical tests are not necessary for a conviction of violating section 23152, subdivision (a). The observations of the arresting officer may provide sufficient evidence of intoxication. (Hitch (1974) 12 Cal.3d 641.) a) true b. false

a) true

Percent by weight of alcohol in the blood shall be based upon grams of alcohol per ___ milliliters of blood or grams of alcohol per ___liters of breath. a) 100/200 b) 110/200 c) 100/210

c) 100/210

Which of the following is not included in the supervisors responsibilities prior to a search. a) how and why the identity of the targeted suspect(s) is known. b) how and why it is known that the targeted suspect(s) occupy the location in question. c) forward a picture of the targeted suspect(s) to the watch commander d) ensure the reasonableness of the search.

c) forward a picture of the targeted suspect(s) to the watch commander

Which of the following is not one of the overall goals of "Immediate Action Rapid Deployment" (IARD): a) Stop the threat(s) b) Isolate the suspect(s) from additional potential victims c) Locate, isolate, evacuate and resolve d) Conduct rescue operations

c) Locate, isolate, evacuate and resolve

First responding units at the scene shall form a contact team and stop the shooter at the earliest opportunity. Never bypass wounded victims as they may be suffering from life-threatening injuries. a) true b) false

b) false

Contact teams: team of first responding officers tasked with rapidly locating and stopping one or more armed suspects who are actively placing people's lives in immediate danger of great bodily injury or death. Formations work best with at least (__) officers, but can work with as little as (__) or as many as (__). a) 4, 3, 6 b) 4, 2, 5 c) 3, 2, 6 d) 4, 2, 6

d) 4, 2, 6

During a hostage situation: initial response should be as covert as possible, but when officers are discovered and forced by hostage takers to communicate, they shall a) do so in a calm manner b) try to slow down the situation c) stall for time. d) all of the above

d) all of the above

Prior to being booked, the officer should advise the authorized medical personnel that the Carotid Control Hold was used and have the individual medically screened and cleared. a) true b) false

a) true

For violations of section 23152, subdivision (b), which forbids driving with a blood alcohol level of .08 or above, it is a rebuttable presumption that the defendant had the same blood alcohol level at the time he drove as he had when later given a chemical test, as long as he is tested within (________) after driving. (Veh. Code, § 23152, subd. (b).) a) 1 hour b) 2 hours c) 3 hours d) 4 hours

c) 3 hours

Any person who is unconscious, or otherwise in a condition rendering him or her incapable of refusal, is deemed not to have withdrawn his or her consent, and a test or tests may be administered whether or not the person is told that his or her failure to submit to, or the non-completion of, the test or tests will result in the suspension or revocation of his or her privilege to operate a motor vehicle. a) True b) False

a) True

Any person who is dead is deemed to have withdrawn his or her consent, and a test or tests may be administered at the direction of a peace officer. a) True b) False

B False* Deemed not to have withdrawn

Use of a preliminary alcohol screening ("PAS") device--an in- the-field breath test--amounts to a type of field sobriety test and may be considered as an investigative tool to help establish probable cause for a DUI arrest. (Veh. Code, § 23612 subd. (h).) a) True b) False

a) True

When the driver remains silent after being asked whether he will submit to a test, his silence does not constitutes a "refusal." a) True b) False

B False*It does constitute as refusal

"Admin per se" does not apply if the driver is suspected of driving under the influence of drugs only. a) True b) False

a) True

No person shall operate an aircraft in the air or on the ground or water who has (___) percent or more, by weight, of alcohol in his or her blood. (Pub. Utils. Code, § 21407.1, subd. (b).) A) 0.01 B) 0.02 C) 0.03 D) 0.04

D) 0.04

The PHILOSOPHY of the Hostage Manual is to save lives in this order: (D:uninvolved citizens) (G:hostages) (K:hostage takers) (U:officers)

G.D.U.K.

Officers shall complete an SPD 900 when conducting a planned search. The only exception to this is when the area to be searched has already been secured in the field or approval has been given by the: a) Lead Officer b) Officer’s supervisor c) No approval needed d) A and B

b) Officer’s supervisor

10) (Search Warrant Service) The supervisor or designee shall make sure officers have: 1. an appropriate uniform on. 2. flexible body armor. 3. specialized equipment ready (as determined during briefing). 4. all of the above

4. all of the above

Structural damage may be done without approval of the supervisor. Officers shall damage property only when necessary to seek and/or recover evidence. a) True b) False

b) False

Officers conducting a planned search May obtain approval from their supervisor prior to conducting the search. a) True b) False

b) False, Shall

If the wrong location is entered, the supervisor shall immediately notify : a) section lieutenant b) watch commander c) the one available d) both

d) both

At a “Command Post” during a critical incident, the (CP OPERATIONS) is always going to be: a) PIO b) Operations Officer c) CP Recorder d) Incident Commander

b) Operations Officer

“Command Post”: Who is responsible for 1. arrival times of personnel and equipment, 2. when assignments are given and to whom, 3. when equipment is issued and to whom, 4. when significant events occur and their description, 5. when significant issues arise and their description, 6. when significant decisions are made. a) Logistics Officer b) Operations Officer c) CP Recorder d) Incident commander

c) CP Recorder

Who coordinates delivery of equipment and supplies to the Incident CP and/or the calling in of off-duty employees? a) Operations Officer b) Logistics Officer c) CP Recorder d) Incident Commander

b) Logistics Officer

In operations involving search warrants, probation searches, and parole searches, the(___________) shall lead the entry team to the door and make the knock and notice whenever possible. a) Entry team member b) Case officer c) Supervisor d) Breacher

b) Case officer

Officers who conduct a field search of a structure must obtain approval from their supervisor prior to conducting the search. All other types of field searches do not require supervisor. a) True b) False

a) True

A ____ conviction on drunk driving in ____ years is a wobbler (CPOLS 17.2) a. Third / 7 b. Fourth / 7 c. Third / 10 d. Fourth / 10

d. Fourth / 10

A commercial DUI involves a blood alcohol level of ___ or more (CPOLS 17.2) a. .03 b. .04 c. .05 d. .06

b. .04

Brother Hezzikia Shiraishi is taking the family horse and buggy for a joy ride after sipping on eating some fermented corn made by Elder Ismeal Sood. Brother Shiraishi runs his horse and buggy into a ditch and officer Villegas (just starting his 5 week patrol rotation) shows up and arrests Shiraishi for DUI… Legal or Illegal arrest

legal (horse drawn vehicle counts as dui applicable)

An arrest made for DUI , 2 hours and 15 minutes after the defendant had walked home (six houses away) from the scene of an accident was a. Legal b. Illegal

a. Legal

Any person who is unconscious or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn his or her consent True / False

True

Unlike Miranda, an officer has a duty to clarify the situation if a driver manifests confusion or a lack of understanding while giving the chemical test admonition. True / False

True

A refusal is any statement, act, or conduct by the driver that: a. Directly refuses b. Qualifies compliance by imposing conditions not permitted by law c. Makes compliance unreasonably difficult or impossible d. Any failure to satisfactorily complete the chosen test e. Any delay in offering to provide a sample f. Remains silent after being asked whether he will submit to a test g. All the above

g. All the above

An agreement of ___ must be reached when obtaining breath samples a. .01 b. .02 c. .03 d. No agreement is necessary, only one breath sample is sufficient

b. .02

The “Admin per se” does not apply if the driver is suspected of driving under the influence of drugs only True / False

True

What is not included in the goals of IRAD (immediate action rapid deployment) a. Stop the treat(s) b. Isolate the suspect(s) from additional potential victims c. Attempt to slow the situation down d. Conduct rescue operations

c. Attempt to slow the situation down

What is not an active shooter guideline a. Locate, stop, contain b. Quickly triage wounded c. Consider the area, time, and number of officers while moving through unsecured areas

b. Quickly triage wounded

Contact team formations work best with at least ___ officers, but can work with as little as ___ or as many as ___ a. 2,4,6 b. 6,4,8 c. 4,2,6 d. 3,2,6

c. 4,2,6

What is not an official type of search a. Emergency b. Planned c. Field d. Structure

a. Emergency

What is not a supervisor responsibility during a search a. Verify who the officer in charge is b. Review all reports that document how and why the identity of the suspect is known, how and why the suspects location is known, and the description of the building to be searched c. Ensure officers have established information necessary for the search warrant or verified and confirmed necessary information received from an informant d. Complete the site verification check list

d. (officers job) Complete the site verification check list

Some searches justify structural damage to a building or disassembling items to reveal a possible hiding spot. What is required of an officer before damage is done a. Obtain approval from a supervisor b. Photo the area to be damaged prior to the search c. Use proper tools d. Photo the area after the damage has been done e. All of the above

e. All of the above

A structure search requires at least ___ officers a. 1 b. 2 c. 3 d. 4

b. 2

What kind of search does not require supervisor approval a. Planned search b. Field search of a structure c. Field search of a parking lot d. Strip search

c. Field search of a parking lot

Sameer is on his week long patrol rotation and encounters a homeless individual who has issues with the current geo political issues in and around the middle east, namely the Gaza Strip and the West Bank. Seeing Sameer as an outlet for his rage, he attacks, but is quickly placed in the carotid control hold. Sameer makes the suspect go “nighty night” three separate times before cover units arrive and assist with handcuffing. Was Sameer out of policy? a. Yes, Sameer is always out of policy b. No, department approved use of the carotid c. Yes, carotid should only be used once and not reapplied

c. Yes, carotid should only be used once and not reapplied

A person rendered unconscious by the carotid artery hold will regain consciousness in a. 10 to 15 seconds b. 20 to 30 seconds c. 30 to 60 seconds d. 1 to 2 minutes

b. 20 to 30 seconds

Without normal flow of oxygenated blood, brain damage or death can occur within a. 1 to 2 minutes b. 3 to 4 minutes c. 4 to 6 minutes d. 5 to 10 minutes

c. 4 to 6 minutes

The acronym LIER stands for a. Lubricate isolate evacuate restore b. Locate install eviscerate remove c. Like initiate evolve rectum d. Locate isolate evacuate resolve

d. Locate isolate evacuate resolve

To stop the momentum of the incident, control must be gained over the following except a. Hostage takers b. Hostages c. Media d. Officers e. Citizens

c. Media

During a hostage situation, the operations officers coordinates and reports the efforts or actions of the following except a. Outer perimeter group b. Intel officer c. Secondary negotiator d. PIO allied agency personnel

c. Secondary negotiator

During a hostage situation, the operations officer directly supervise all of the following except a. CP recorder b. The calling in of off duty officers to relieve officers c. CP communications officer d. The stocking of supplies and equipment for the CP

b. The calling in of off duty officers to relieve officers

Who authorizes the release of department police or reference material to anyone outside of the dept a. CSU b. PSU c. IA d. PSD

b. PSU

Who is chiefly responsible for inquiries into personnel complaints against members and employees of the department (GO 120.03) a. IA b. Captain/division manager c. Lieutenant/section administrator d. Sergeant/supervisory personnel

c. Lieutenant/section administrator

Assignment of regular duty police officers as call expeditors shall be made only with the approval of the a. Office chief of OOO b. Captain of the officers command c. Lieutenant d. Sgt

a. Office chief of OOO

Employees who wish to smoke may do so at a minimum distance of ___ feet from and entrance or air intake a. 20 b. 30 c. 50 d. 75

a. 20

Absence of one day shall be reported to ______, absence in excess of one day shall be reported to______ a. Section commander/COP b. Section commander/division commander c. Division commander/COP d. Division commaner/IAD

c. Division commander/COP

The general rule is that an officer who detains a suspect pending a showup should not: (CPOLS 8.7) a) Mirandize them b) Move them to a different location c) Admonish them d) Conduct a full scale search e) b and d

b) Move them to a different location

Generally, what is not excepted as a reason to bring a suspect to a witness? (CPOLS 8.7) a) Probable cause to arrest. b) Consent c) It is impossible or impractical to bring the witness to the suspect (ie witness is hospitalized) d) The witness requests it

d) The witness requests it

Every party to a crime in California is either a ______ or a _____. (CPOLS 13.3) a) Kegger / Rager b) Principal / Accessory c) Principal / Accomplice d) Fruit / Nut

b) Principal / Accessory

A person who, after a felony has been committed, harbors, conceals, or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, having knowledge that said principal has committed such felony or has been charged with such felony or convicted thereof, is a _____. (CPOLS 13.3) a) Principal b) Accomplice c) Accessory d) Typical gang investigation witness

c) Accessory

________ are the main perpetrators, defined as “all persons concerned in the commission of a crime, whether it be a felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission. (CPOLS 13.3) a) Principal b) An accessory “before the fact” c) An accessory “after the fact” d) Both a and b

a) Principal

An _____ is a witness at trial who is liable for the same offense(s) for which the defendant is on trial who aided and abetted in the commission of the offense and shared the intent of the defendant. (CPOLS 13.4) a) Accomplice b) Accessory c) Principal d) Both a and c

a) Accomplice

Start and Harrington purchasing duct tape, rubber gloves, olive oil, a luche libra mask, a bottle of peppermint schnapps, and a rubber ducky for their annual trip to burning man is an example of _____________ because it consists of an __________ beyond mere planning or agreement to commit the crime. a) Common sense / overt act b) Conspiracy / idea c) Conspiracy / overt act d) A good time / incredible fantasy

c) Conspiracy / overt act

Theft of Bailey’s rare and exotic feather (Domestic Fowl) hair extensions becomes a felony when the value exceeds ______. (CPOLS 13.18) a) $250 b) $400 c) $800 d) $950

a) $250

Theft of Smart’s amazing blue ribbon winning cucumbers becomes a felony when the value exceeds ______. (CPOLS 13.18) a) $250 b) $400 c) $800 d) $950

a) $250

Bailey is arrested for stealing a basket of hamburgers. How many prior theft offenses must Bailey have to be in violation of 666 PC? (CPOLS 13.18) a) 1 b) 2 c) 3 d) 4

c) 3

Which of the following is not a valid detection of a DUI? a. Observation of normal driving. b. Direct observation of subject driving. c. Report from some other person of subject’s driving. d. Result of a call to the scene of an accident. e. Result of stopping the subject for traffic violation.

a. Observation of normal driving.

What does BAC stand for? a. Blood-alcohol content b. Blood-alcohol conception c. Blood-alcohol concentration d. Blood-always comesfromthevagina

c. Blood-alcohol concentration

Driving a horse-drawn vehicle with a BAC of 0.10% qualifies as a violation of 23152 VC. a. True b. False

A (Defined as a "vehicle," just like a bulldozer, forklift, go-cart, mobile crane, moped, tractor, etc.)

Which of the following is not true about persons under the age of 21 who are found to be driving under the influence of alcohol (23140 VC)? a. It is a violation to have more than 0.05% BAC. b. It is only an infraction to be DUI while under the age of 21. c. A chemical test is required in order to be found guilty. d. Can also be guilty of same section if under the influence of CNS narcotic.

D (Alcohol only, not CNS.)

When deciding to take a chemical test, does a person have the right to have an attorney present? a. No, Sixth Amendment does not attach since person is not yet booked. b. Yes, Sixth Amendment is one of the Miranda warnings.

a. No, Sixth Amendment does not attach since person is not yet booked.

Can an officer use the mouthpiece of a PAS device to collect DNA sample of a known suspect? a. No, the PAS device is to be used only to determine level of impairment. b. Yes, no expectation of privacy and implied consent.

b. Yes, no expectation of privacy and implied consent.

If a driver chooses not to complete a DUI test, which of the following in true? a. Driving privilege will be suspended for a year. b. Driving privilege will be revoked for two to three years, depending on record. c. Failure to complete a test will be admissible in court. d. All of the above.

d. All of the above.

Officers may plan or conduct a search of any structure armed only with information from a reliable and proven informant. a. True b. False

B (Shall not plan solely on CRI's information.)

When dealing with dogs/dangerous animals during the planning phase of a search, which of the following is not a plan? a. Have Animal Control Officer present. b. Utilize animal noose. c. Hire Ace Ventura, Pet Detective d. Designate officer on entry team with less lethal

c. Hire Ace Ventura, Pet Detective

During a systematic structure, structural damage may be unavoidable. So if structural damage is necessary to search an area, approval shall be sought from: a. Supervisor b. Watch Commander c. Station Commander d. Officer Chief

a. Supervisor

Prior to conducting a parole/probation search, officers shall which of the following except? a. Identify probation/parole status of person to be searched. b. Recent calls for service to the targeted address. c. Subject’s dominion and/or control of location/address. d. Dominion and control of the object(s) searched.

b. Recent calls for service to the targeted address.

When serving a search warrant and the wrong location is entered, the supervisor shall immediately notify the ______. a. District sergeant b. Watch commander c. Section lieutenant d. All of the above e. Both A and B f. Both B and C

f. Both B and C

Which of the following is not a principle of an Active Shooter Response? a. Locate b. Negotiate c. Stop d. Contain

b. Negotiate

The Operations Officer is placed in a(n) _____ adjunct to the IC. a. Inner perimeter b. Outer perimeter c. Specialized functional position d. None of the above

c. Specialized functional position

The intent of the Carotid Control Hold is to: a. Overcome resistance to affect an arrest. b. Overcome resistance to prevent escape. c. Overcome resistance to capture fleeing felon. d. None of the above.

D (To subdue and control a violent individual by rendering him unconscious.)

What are the three vital signs that should be checked as soon as an individual has been rendered unconscious as a result of a successful Carotid Control Hold, except? a. Breathing b. Reflexes c. Pulse d. Functional consciousness

b. Reflexes

Who is responsible for ensuring that officers follow the verification and confirmation requirements in the search Manuel? a. The case agent on the search b. Sgt c. LT d. All the above

b. Sgt

Preventing the destruction of evidence is the primary goal of an entry team. a. True b. False

b. False

_________ of each planned search shall ensure an Operational Outline is entered into the CAD. a. Case agent b. Dispatch Supervisor c. Sgt/Supervisor d. Watch commander

c. Sgt/Supervisor

Structural damage during a search shall not be done without approval of supervisor. a. True b. False

a. True

When parole and probation searches of persons do not result in an arrest, a detailed Field Contact entry SHALL be made in MRE. a. True b. False

a. True

Do officer have to complete an I-rpt following a structure search that does not yield an arrest? a. Yes b. No

a. Yes

Who’s responsibility is it to verify the location a search warrant? a. Case agent b. Supervisor c. Reviewing DA d. Jeff’s sister since she’s probably spending the night at the KZT flop house.

b. Supervisor

What is the first thing an officer must do after rendering a subject unconscious following the carotid control hold. a. Check Breathing b. Check Pulse c. Check Functional Consciousness d. None of the above e. All of the above.

d. None of the above, Handcuff subject

What are the two approved take down methods for the carotid control? a. Shoulder take down b. sweep the leg c. Hair pull d. B and C e. Only A

d. B and C

What is the safest formation while clearing an area for an active shooter? a. “T” formation b. Linear c. Diamond d. Trick question, their all safe

a. “T” formation

During and active shooter situation, a team of officer’s form up and begin to search for the suspect. Who usually will handle the radio/communications? a. Depends on the formation b. Most senior officer c. Officer with the best vantage point d. Rear Cover

d. Rear Cover

Who initially assumes authority during a hostage situation? a. First officer on scene b. Most senior c. Sector Sgt d. Watch commander

a. First officer on scene

The philosophy of SPD and hostage situation is…, which is NOT? a. Save hostages b. Save officers c. Save property d. Save Uninvolved citizens e. Save Hostage takers

c. Save property

L.I.E.R stands for a. Locate, Isolate, Eradicate, Respond b. Locate, Isotoner, Ejaculate, Respond c. Locate, Isolate, Evacuate, Resolve d. Locate, Isolate, Evaluate, Respond

c. Locate, Isolate, Evacuate, Resolve

Who is the IC of a hostage situation a. Watch Commander b. SWAT Lt c. OFS Lt d. Area commander/captain

a. Watch Commander

Thirteen-year-old J.D.B. was removed from class by a uniformed police officer, escorted to a closed-door school conference room, and questioned by police about recent residential break-ins. J.D.B. was not given Miranda warnings or the opportunity to speak with his guardian, and he was not told that he was free to leave the room. The state court ruled that J.D.B.'s age was irrelevant in determining Miranda "custody." a. HELD: The Supreme Court disagreed, statement bad b. HELD: The Supreme Court agreed, statement good

a. HELD: The Supreme Court disagreed, statement bad