CPOLS chapters 15-17, Manuals: Search, Active Shooter, Hostage, Carotid. Week 11 Flashcards
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
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
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.
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
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
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 .
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
Which of the following is not considered a vehicle. (Chap 16, II, a, 32)
a) Motorcycle
b) Car
c) Rickshaw
d) Carts and buggies drawn by animals
c) Rickshaw
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
a) The custodial search and arrest were proper
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
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
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
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
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
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
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
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, under 18
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
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
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
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
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
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
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
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