GO 100.102, 100.61, MMs, MOU

Question 1

3. PROCEDURE.
   a. Types of Lineups. There are four types of lineups. Although they all serve the purpose of identifying the suspect of a crime, they are used in different situations.

Answer 1

(1) Live Lineup.

(2) Video Lineup.

(3) Photographic Lineup.

(4) Voice-only Lineup.

Question 2

b. Lineup Procedures. When conducting a lineup, employees shall ensure the following procedures are followed.

(1) Suspect Description. Prior to conducting the lineup, and as close in time to the incident as possible, employees shall obtain the description of ____ from the witness. Employees shall include the description of the suspect on the CHP 202, Driving Under the Influence Arrest-Investigation Report, or CHP 216, Arrest-Investigation Report.

(2) Electronic Recordings. An electronic recording shall be made that includes both ____ and ____ representations of the lineups being conducted. When it is not possible to make a recording with both audio and visual representations, an ____ recording only may be used.
(a) When audio recording without video is used, the employee shall include the reason video recording was not possible on the CHP 202 or CHP 216.

Answer 2

the suspect

audio and visual,

audio

Question 3

(6) All witnesses shall be separated when conducting a lineup.

(7) Nothing shall be said to the witness that might influence the identification of
the suspect. Inappropriate comments may include the following:

Answer 3

(a) You caught, or think you caught, the person who committed the crime.

(b) The victim’s property was in the suspect’s possession.

(c) The suspect made admissions or confessed to the crime.

Question 4

The employee conducting the lineup shall use _____ or _____ during the lineup.

Answer 4

blind administration or blinded administration

Question 5

____________ means the employee conducting the lineup does not know the identity of the suspect (e.g., an employee not involved in the investigation).

Answer 5

(a) Blind Administration. Blind administration,

Question 6

_____________ means the employee conducting a photographic or recorded lineup may know who the suspect is, but does not know where the suspect has been placed or positioned in the lineup procedure through the use of any of the following:

Answer 6

(b) Blinded Administration. Blinded administration

Question 7

(9) Refusal to Participate In ___ or ____ Lineup.

(a) A suspect _____ have a right to refuse to participate in a lineup, refuse to speak during a lineup, or refuse to wear clothing for identification purposes (People v. Hart [1999] 20 Cal.4th 546, 625; Goodwin v. Superior Court [2001] 90 Cal.App.4th 215, 221). Refusal to participate shall be documented in the CHP 202 or CHP 216.

1 To help ensure admissibility of a refusal at trial, employees ____ advise the suspect that their refusal to participate may be used against them in court.
2 If a previously Mirandized suspect refuses to speak at a lineup, the employee _____notify them the Miranda right to remain silent does not give them the right to refuse to participate in a voice lineup (People v. Johnson [1992] 3 Cal.4th 1183, 1223, fn.9; People v. Ellis [1996] 65 Cal.2d 529, 539).

NOTE: A suspect’s refusal to participate is admissible at trial as demonstrating consciousness of guilt even if the suspect did so on the advice of counsel (People v. Alexander [2010] 49 Cal.4th 846, 905-906).

(b) If a suspect refuses to appear in a lineup, employees may seek a court order authorizing the use of reasonable force if, after being served with a copy of the order, the suspect still refuses to appear (United States v. Wade [1967] 388 U.S. 218, 222; Schmerber v. California [1966] 384 U.S. 757, 770-71).

Answer 7

Voice or Live

does not,

should,

shall,

Question 8

c. Right to Counsel at Lineups. Under certain circumstances, a suspect has a right to have counsel present for the purposes of observing the manner in which the lineup was conducted.

(1) A suspect has the right to have counsel present at a ____ lineup if they have been arraigned on the crime under investigation (Rothgery v. Gillespie County [2008] 554 U.S. 191, 213).
(a) The attorney’s role at a live lineup is limited to that of a silent observer, taking note

(2) The right to have counsel present at ______ lineups can be waived by the suspect if that waiver is made freely. A Miranda waiver during interrogation is not a waiver of a suspect’s right to have counsel present during lineups.

(3) A suspect does not have a right to have counsel present at a ______ or _______ lineup.

Answer 8

live,

live,

video or photographic

Question 9

(4) If the suspect requests a specific attorney who cannot attend the lineup within a reasonable time, or who refuses to participate, employees may conduct the lineup in any of the following ways:

PUBLIC DEFENDER;
VIDEO/PHOTO LINEUP;
PROCEED AND VIDEO

Answer 9

(a) Substitute counsel. Employees may obtain a “substitute counsel” such as a public defender (People v. Hart [1999] 20 Cal.4th 546, 625).

(b) Convert to a photographic or video lineup. Employees can photograph or otherwise record the lineup without the witness present, then show the photographs or videotape to the witness without counsel being present.

(c) Proceed with the lineup after attorney refusal. If the suspect’s attorney appears but refuses to participate, employees may proceed without them (United States v. Wade [1967] 388 U.S. 218, 237; People v. Wells [1971] 14 Cal.App.3d 348, 354; People v. Banks [1970] 2 Cal.3d 127, 134; People v. Schafer [1970] 4 Cal.App.3d 554, 560). Employees shall document the attorney’s refusal to participate in the CHP 202 or CHP 216 and videotape the lineup to help prove it was reliable.

NOTE: The courts have not defined what they deem to be a reasonable amount of time for an attorney to attend a lineup; therefore, employees shall use sound professional judgement when determining reasonableness and should notify a supervisor prior to proceeding without the suspect’s chosen attorney present. If a suspect’s chosen attorney is unavailable to attend a lineup in a reasonable time and an employee decides to continue utilizing a substitute counsel as prescribed in paragraph 3.c.(4)(a), or convert to photographic or video lineup as prescribed in paragraph 3.c.(4)(b), they shall thoroughly document the circumstances necessitating the use of the alternate method on the CHP 202 or CHP 216.

Question 10

MM 22-020 REVISION OF HIGHWAY PATROL MANUAL 70.2, EMERGENCY MEDICAL SERVICES MANUAL–REMOVAL OF THE EMERGENCY MEDICAL TECHNICIAN PROGRAM AND THE TRANSITION TO, AND SCOPE OF PRACTICE FOR, THE PUBLIC SAFETY FIRST AID CLASSIFICATION

2. PUBLIC SAFETY FIRST AID CLASSIFICATION. The authorized skills of a PSFA provider shall not exceed those activities authorized in this MM.

a. The administration of ___________, are not permitted for the classification of PSFA.

Answer 10

oxygen, and the use of an oropharyngeal airway

Question 11

e. Representative Time Off
(1) Upon request of an employee, a CAHP Representative shall be allowed up to
_____ hours of release time to assist the employee on a grievance or complaint at
each level of the grievance/complaint procedure, provided it is in the CAHP
Representative’s designated area of primary responsibility. This time may be
extended with approval of the commander of the Office of Employee Relations.

Answer 11

four

Question 12

(3) Upon request of an employee, a CAHP Representative shall be allowed up to
_____ hours of release time to review an Adverse Action file and to assist the
employee in preparation and presentation of the “Skelly” response, provided it is
in the CAHP Representative’s designated area of primary responsibility. This
time may be extended with the approval of the commander of the Office of
Employee Relations.

Answer 12

four

Question 13

h. Informal Discussion
An employee grievance initially shall be discussed with the employee’s immediate
supervisor. This discussion must occur within ____ of the event or
circumstances occasioning the grievance.

The immediate supervisor shall give his/her decision or response within ______ of the discussion.

Answer 13

21 calendar days,

seven calendar days,

Question 14

i. Formal Grievance - Level I

(1) If an informal grievance is not resolved to the satisfaction of the grievant, a formal
grievance may be filed no later than:
(a) _____ after the event or circumstances occasioning the grievance, or
(b) Within _____ of the decision rendered in the informal grievance procedure, whichever is later.

(2) A formal grievance shall be initiated in writing on a form provided by the State
and shall be filed with a designated supervisor or manager identified by the
appointing authority as the first level of appeal.

(3) Within _____ after receipt of the formal grievance, the person
designated by the Department head as the first level of appeal shall respond in
writing to the grievance.

(4) No contract interpretation or grievance settlement made at this stage of the grievance procedure shall be considered precedential.

Answer 14

Twenty-one calendar days,

seven calendar days,

14 calendar days,

Question 15

j. Formal Grievance - Level II

(1) If the grievant is not satisfied with the decision rendered pursuant to Level I, the
grievant may appeal the decision within ______ to a designated
supervisor or manager identified by the appointing authority as the second level
of appeal. If the appointing authority or designee is the first level of appeal, the
grievant may bypass Level II.

(2) Within _____ after receipt of the appealed grievance, the person
designated by the Department head as the second level of appeal shall respond
in writing to the grievance.

(3) No contract interpretation or grievance settlement made at this stage of the
grievance procedure shall be considered precedential.

Answer 15

14 calendar days,

21 calendar days,

Question 16

An employee’s complaint initially shall be discussed with the employee’s immediate
supervisor. This discussion must occur within ____ of the event or
circumstances occasioning the complaint.

The immediate supervisor shall give
his/her decision or response within ____ of the discussion.

Answer 16

21 calendar days,

seven calendar days,

Question 17

g. Formal Complaint - Level I

(1) If an informal complaint is not resolved to the satisfaction of the complainant, a
formal complaint may be filed no later than:
(a) ____ after the event or circumstances occasioning the
complaint, or
(b) Within ____ of the decision rendered in the informal complaint procedure, whichever is later.

(2) A formal complaint shall be initiated in writing on a form provided by the State
and shall be filed with a designated supervisor or manager identified by the
appointing authority as the first level of appeal.

(3) Within _____ after receipt of the formal complaint, the person
designated by the Department head as the first level of appeal shall respond in
writing to the complainant.

Answer 17

Twenty-one calendar days,

seven calendar days,

14 calendar days

Question 18

e. IDR – Level I

(1) An employee’s chosen CAHP Representative may request to meet with the
Area/Section Commander over written comments considered adverse to the
employee’s performance.
(a) This discussion must occur within _____ of the issuance of the
written comments.
(b) Within ____ of the meeting, the Area/Section Commander shall
render a decision to the CAHP Representative.

Answer 18

21 calendar days,

21 calendar days,

Question 19

f. IDR – Level II

(1) If the dispute is not resolved with the decision rendered by Level I, the dispute
may be elevated by the employee or the Area Representative to the employee’s
CAHP District Director. The District Director may request to meet with the
appropriate Division Commander over written comments considered adverse to
the employee’s performance.
(a) This discussion must occur within ____ of the Area/Section Commander’s decision.
(b) Within ____ of the Level II meeting, the Division Commander shall render a decision to the CAHP District Director.

Answer 19

21 calendar days,

21 calendar days,

Question 20

24. Night Shift Pay
    a. Employees shall receive night shift pay as set forth below:
    (1) Night shift pay is earned on a _____ basis. Employees must work a
    qualifying shift, or be on a paid leave of absence when scheduled to work a
    qualifying shift, to receive compensation.

(2) Employees shall qualify for a swing shift pay differential of $1.00 per hour when
_____hours of the regularly scheduled work shift fall between ______.

(3) Employees shall qualify for a graveyard shift differential of $1.50 per hour when
_____ hours of the regularly scheduled work shift fall between ______.

(4) A “regularly scheduled shift” are those regularly assigned work hours established
by the Department head or his/her designee for the duration of at least ____ period.

Answer 20

day-by-day,

four or more, 1800 and 0100 hours,

four or more, 2300 and 0600 hours,

one monthly

Question 21

b. Employees who are assigned to perform the duties of an OIC for ____
during a shift shall receive a differential of 5% of the daily rate of base pay for every
day in which the employee meets the requirements set forth in this paragraph. If an
OIC is needed for an entire shift, management ____ split the assignment of OIC
duties simply for the purposes of avoiding payment of OIC pay.

Answer 21

six hours or more,

shall not

Question 22

28. Business Calls
    An employee who is required by his/her supervisor or designee to conduct business
    telephone calls outside his/her work hours of ____ duration shall receive
    ____ compensation. In no event will an employee receive the benefit of this provision
    more than once in his/her workday. Any employee who performs telephone work for ____ or more will be compensated in accordance with the overtime provisions
    contained in the employee’s work week group. This section does not apply when the
    business call results in ____, ____, or ____.

Answer 22

less than 30 minutes,

$10,

30 minutes,

call back, short notice cancellation or offers of overtime.

Question 23

f. Compensating Time Off.
(1) The only instances in which CTO is required for employees are under the
following circumstances:

Answer 23

(a) When in travel status not connected with enforcement duties, such as travel
to or from the Academy or other school for the purpose of training.

Question 24

h. Call-Back Time. An employee who has completed a normal work shift or is on an authorized day off, when ordered back to work, shall be credited with a minimum of four hours work time, provided the call back to work is without having been notified prior to completion of the work shift, or the notification is prior to completion of the work shift and the work begins ____ after the completion of the work shift. When an additional trip to the work location is required, the employee will be compensated, up to ______ each way, for travel time. An employee shall not be subject to this limit when he/she is required to attend ____ in an Area other than where he/she is currently assigned. Prescheduled voluntary overtime is not considered call back and, therefore, is not subject to travel time compensation.

Answer 24

more than three hours,

a maximum of one and one-half hours,

court,

Question 25

(7) Call back due to court appearances shall be limited to one four hour call-back period. If an employee is scheduled for two court appearances in one day, callback time shall be credited from the beginning of the first appearance through the completion of the second; except that when the second appearance is _____ from the end of the first appearance, a minimum of four hours credit for each appearance shall be given. A lunch period of _____ shall be charged when a court appearance extends beyond _____.

Answer 25

more than six hours,

one-half hour,

the noon recess,

Question 26

(8) When there are ____ between the end of the shift and the time an
employee must leave from the office for a court appearance, an employee shall
receive overtime for the intervening period. The employee is entitled to and shall
receive the overtime whether or not he/she works during the interval. Department
policy provides that the employee may be scheduled to work during this period. If
the employee is not scheduled to work and he/she chooses to leave the work
site, time for travel and appearance will still be computed based upon departure
from the office. ____ for breakfast will be allowed without being charged.

Answer 26

three hours or less,

One-half hour,

Question 27

(1) The MVARS ____ remain powered on at all times an equipped vehicle’s engine is on. This applies whether or not the vehicle is being driven in an enforcement capacity and whether or not the vehicle’s operator is a sworn or nonsworn employee. When a vehicle is not operated for enforcement purposes, the ____ is not required, and ____ will not be created and booked into evidence unless an event is generated.

Answer 27

Should,

pre-shift check,

a disk,

Question 28

(6) When any sworn employee uses a patrol vehicle not equipped with MVARS, or in the event a sworn employee does not turn in a DVD due to an MVARS malfunction, the officer ___ complete and sign the CHP 36D, Mobile In-Car Camera DVD Evidence Log, and a notation shall be made under the “Significant Event” column indicating the reason (e.g., MOTOR, MRE) a disk was not submitted for the assigned shift. This requirement applies to all scheduled officers, including ___ and ____.

Answer 28

shall,

motor officers and officers working enforcement overtime details.

Question 29

(4) Supervisors shall review a minimum of ____ MVARS event recordings in conjunction with an officer’s annual evaluation. A notation shall be made in the comments section of the annual appraisal documenting the review. When documenting video review, supervisors are encouraged to provide positive feedback on evaluation documents for observed professional behavior.

Answer 29

two,

Question 30

(1) The following events shall be reviewed by supervisors, managers, or other authorized personnel:

(a) Any incident in which a member of the Department is severely injured or killed during the performance of their duties.

NOTE: Severe injury is defined as an injury, other than a fatal injury, which includes the following:

Answer 30

broken bones;

dislocated or distorted limbs;

severe lacerations;

skull, spinal, chest, or abdominal injuries that go beyond bruises, which are discolored or swollen in places where the body has received a blow (includes black eyes and bloody noses);

abrasions, which are areas of the skin where the surface is roughened or broken by scratching or rubbing (includes skinned shins, knuckles, knees, and elbows);

unconsciousness at or when taken from the scene; and/or severe burns.

Question 31

(2) Video Lineup. Employees record a live lineup, but without any witnesses in attendance. The witness later views the recording. Video lineups should be used in the following situations:

Answer 31

(a) When an employee cannot arrange to have an attorney present.

(b) If a witness is unavailable to attend a live lineup (e.g., witness is
hospitalized).

Question 32

(3) Photographic Lineup. The witnesses are shown a photograph of the suspect along with fillers. Photographic lineups are usually used in one of the following situations:

Answer 32

(a) The employee has a suspect, but the suspect is not in custody.

(b) The suspect is in custody, but their appearance changed after the crime was committed and the employee has an earlier photograph of the suspect that better reflects their appearance at the time of the crime.

(c) The suspect is in custody, but it is not practical or possible to conduct a live lineup (e.g., suspect was hospitalized).
NOTE: Although live lineups are ordinarily utilized when feasible due to being a better test of the witness ability to identify the suspect, employees are not prohibited from conducting photographic lineups.

Question 33

(4) Voice-only Lineup. The witness listens to the voices of the suspect and fillers, but does not see their faces. In most cases, the suspect and fillers will say something that the suspect said.

Answer 33

(a) Voice-only lineups may be live or prerecorded.

(b) Voice-only lineups should be used when the witness heard the suspect’s
voice, but did not see them.

Question 34

6. Privately Owned Cameras. Employees who have been issued a BWC by the Department _____ use any privately owned BWC recording device while on-duty.

Answer 34

shall not

Question 35

5. To aid in the digital cataloging of WMVARS data, employees ____ ensure each video event is identified (“tagged”) with the appropriate event type at the conclusion of the event, or as soon as practical.

Answer 35

shall

Question 36

a. If any malfunction, problem, or damage is detected at the time of the employee’s preshift inspection, a shift supervisor/officer in charge (OIC) shall be notified immediately and a good faith effort shall be made to troubleshoot the problem. If the problem cannot be resolved, a replacement BWC shall be used. If a functioning spare camera is unavailable, and a BWC was not worn during the shift, the employee shall document the circumstances in the ____ of the ____.

b. A supervisor/OIC notification through dispatch is required when a fully functional BWC becomes permanently inoperative anytime during an employee’s shift.

Answer 36

Notes section,

CHP 415, Daily Field Record.

Question 37

1. Digital Media Security. All evidence ____ be downloaded from BWCs through the supplied docking station at the conclusion of shift. If an employee is unable to download the data, the supervisor/OIC shall be notified and will be responsible to ensure proper download of the data as soon as practicable.

Answer 37

shall,

Question 38

a. The WMVARS ____ remain powered on whenever an equipped vehicle’s engine is on. This applies whether or not the vehicle is being driven in an enforcement capacity and whether or not the vehicle’s operator is a sworn or nonsworn employee.

When a vehicle is not operated for enforcement purposes, ____ is not required.

Answer 38

shall,

the pre-shift check,

Question 39

1 Blind administration is the preferred method of conducting a lineup and ____ be utilized whenever possible.

2 Blind administration ____ be the only method of conducting a live lineup.

3 When not used, the employee shall document on the CHP 202 or CHP 216 the reason the presentation of the lineup was not conducted using blind administration, if applicable.

Answer 39

should,

shall

Question 40

2 It is permissible to modify a photograph (such as by adding a mustache) to help confirm an identification when a witness has already made a tentative identification. Employees _____ make any such modification until after the witness has made at least a tentative selection.

Answer 40

shall not

Question 41

(b) The lineup should contain a minimum of ____ fillers.

Answer 41

five

Question 42

(d) Only one suspect ____ be included in any lineup. A separate lineup ____ be completed for each additional suspect.

Answer 42

shall, shall

Question 43

(8) If a witness identifies a person they believe to be the suspect, all the following shall apply.

Answer 43

(a) The employee shall immediately inquire as to the witness’ confidence level in the accuracy of the identification and record the statements in writing, verbatim, on the CHP 216L.

(b) Identifiable information concerning the identified person shall not be given to the witness prior to obtaining the statement of confidence level and documenting the exact words of the witness.

(c) The employee shall not validate or invalidate the witness’ identification.
NOTE: If the witness did not make an identification but said something or reacted in a manner indicating they recognized someone in the lineup, it is appropriate to question them about this.