GO 100.102, 100.61, MMs, MOU Flashcards
- 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.
(1) Live Lineup.
(2) Video Lineup.
(3) Photographic Lineup.
(4) Voice-only Lineup.
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.
the suspect
audio and visual,
audio
(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:
(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.
The employee conducting the lineup shall use _____ or _____ during the lineup.
blind administration or blinded administration
____________ means the employee conducting the lineup does not know the identity of the suspect (e.g., an employee not involved in the investigation).
(a) Blind Administration. Blind administration,
_____________ 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:
(b) Blinded Administration. Blinded administration
(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).
Voice or Live
does not,
should,
shall,
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.
live,
live,
video or photographic
(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
(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.
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
- 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.
oxygen, and the use of an oropharyngeal airway
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.
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(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.
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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.
21 calendar days,
seven calendar days,
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.
Twenty-one calendar days,
seven calendar days,
14 calendar days,
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.
14 calendar days,
21 calendar days,
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.
21 calendar days,
seven calendar days,
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.
Twenty-one calendar days,
seven calendar days,
14 calendar days
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.
21 calendar days,
21 calendar days,
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.
21 calendar days,
21 calendar days,
- 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.
day-by-day,
four or more, 1800 and 0100 hours,
four or more, 2300 and 0600 hours,
one monthly
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.
six hours or more,
shall not
- 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 ____.
less than 30 minutes,
$10,
30 minutes,
call back, short notice cancellation or offers of overtime.
f. Compensating Time Off.
(1) The only instances in which CTO is required for employees are under the
following circumstances:
(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.
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.
more than three hours,
a maximum of one and one-half hours,
court,
