GO 100.90, 100.91, Flashcards by Tuna El

GO 100.90: MAXIMUM ENFORCEMENT PERIOD REPORTING

a. Deaths.

Persons who die before the end of the holiday period as the result of a collision that occurred within the holiday period shall be reported. The date on which the collision occurred shall be reported.

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_________. Names of persons who die during the holiday reporting period as the result of collisions that occurred prior to the start of the holiday period _____ be included in the body of the report. A note at the end of the report shall give the name(s) of the deceased, and the date and place of each collision.

b. Prior Collisions.

shall not,

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_________.Names of persons who die after the final holiday reporting period, but before the final report is transmitted, ______ be included in the report.

c. Subsequent Deaths.,

shall not

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__________.Fatal collisions that occur on private property ______ be included in the holiday fatality report, but _____ be noted separately at the end of the report.

d. Private Property.,

shall not,

shall

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(2) For the purposes of education, media, and partnership agency activities, the following enforcement efforts have been established for each specified MEP:

(D O S) x2

(a) New Year’s Day – DUI.
(b) Memorial Day Weekend – Occupant Restraints.
(c) Independence Day – Speed.
(d) Labor Day Weekend – DUI.
(e) Thanksgiving Weekend – Occupant Restraints.
(f) Christmas Day – Speed.

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a. Search Warrant.
(1) Penal Code Section 1523 et seq. establishes the process and documentation under which uniformed members may obtain a search warrant to conduct a search. If forcible entry causes breakage or damage, a _____, shall be completed.

CHP 268, Risk Management Potential Civil Litigation Report,

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(1) Probation, Parole, and Post-Release Community Supervision Searches. These types of searches are documented on a _____. If the search is positive, document on a ______ or _______, as required.

CHP 415, Daily Activity Report,

CHP 216, Arrest-Investigation Report, or

CHP 202, Driving Under the Influence Arrest-Investigation Report

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(2) Roadblocks/Checkpoints. Driving under the influence checkpoints will be documented on an ______ and _______, pursuant to Highway Patrol Manual (HPM) 70.4, Driving Under the Influence Enforcement Manual. All other roadblocks/checkpoints will be documented on a _____.

operational plan,

CHP 205, Sobriety/Driver License Checkpoint Activity Report,

CHP 216

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(3) Administrative Searches. This includes airport searches, border searches, inspections conducted pursuant to Penal Code Section 25850 (b), etc., documented on a _____.

CHP 216,

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(6) Plain View Seizures. Any physical intrusion into an area where an individual has a reasonable ______ constitutes a search and will be documented on a _____/______

expectation of privacy ,

CHP 216/CHP 202.

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(8) Automobile Exception with Probable Cause. This type of search is documented on a _____. If forcible entry causes breakage or damage, a _____ shall be completed.

CHP 216,

CHP 268

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(11) Patdowns/Frisks. Patdowns/frisks are documented on a ____

CHP 415, consistent with HPM 40.71, CHP 415 User’s Manual, Chapter 3, Line Entries on Right Side of CHP 415.

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(12) School Searches. School searches are typically conducted by school officials. If departmental personnel assist the action shall be documented on _____

CHP 216.

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(13) Consent Searches. Consent searches are documented on a _______. Refer to paragraph 6. of this GO.

CHP 202D

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(9) Exigent Circumstances. This type of search is documented on a ______/_______.

(10) Emergency Searches. This type of search is documented on a ______/_______.

CHP 216/CHP 202

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b. Investigatory Consent Searches. Investigatory consent searches are documented on a CHP 202D. An investigatory consent search is a search based upon reasonable suspicion for the purpose of locating evidence of criminal activity which is not an imminent threat to officers or others. The requirements to obtain this consent to search are:

(1) Consent must be granted freely and voluntarily. Uniformed employees must avoid sending any message that compliance with the request is mandatory or required (reference CPOLS, Chapter 3, Section VI, Subsection B, Voluntariness of Consent).

(2) The person granting consent must have standing over the items to be searched.

(3) The scope or limitation of the search must be defined and cannot be exceeded by the officer.

(4) The person granting consent has the right and the ability to withdraw consent at any time.

(5) Uniformed employees shall not request consent from an individual absent reasonable suspicion or probable cause. This does not preclude an officer from requesting consent when circumstances establish a threat to officer safety.

(6) Upon supervisor approval, uniformed employees may request consent from an individual to search their person, house, papers, or effects whenever reasonable suspicion or probable cause exists to believe a crime will occur, is occurring, or has occurred.

(7) A CHP 202D shall be completed by the uniformed employee for all consent searches and signed by the individual granting consent prior to conducting the search. No search shall be conducted if the subject refuses or is unable to sign the CHP 202D.

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PROCEDURES.
a. A ______ shall be completed for all requests for investigatory consent searches, whether or not a search was conducted.

CHP 202D

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(4) Searches conducted of persons on parole, searchable probation, or post- release community supervision (PRCS).

(a) A CHP 415 entry shall be completed with the following information in the activity section:

Subject’s name.
Driver license or identification number.
Parole, probation, or PRCS.
Dispatch log number.

(b) If the officer does not enter the dispatch log number on the CHP 415,
a CHP 216 shall be completed.

(2) Denied Consent to Search. A ____ shall be completed when consent is requested and denied and shall be submitted to the Area at the end of the officer’s shift for supervisory review.

CHP 202D

RELEASE OF COLLISION INFORMATION TO THE PUBLIC.
a. Until a collision report is complete, the following information can be provided to the public:

T D L V O

(1) Time of collision

(2) Date of collision

(3) Location of collision

(4) Make of vehicle(s) involved

(5) Names of vehicle occupants (other than fatal collisions)

POLICY.
a. Normally, one officer shall be assigned to a field patrol unit between _____ and ______.
b. Normally, two officers shall be assigned to a field patrol unit between _____ and ______.
c. Motorcycle officers shall be assigned to ride solo or in pairs pursuant to the field patrol unit criterion of this order.

0600 and 2200 hours,

2200 and 0600 hours,

c. Emergency/Fixed-Post/Nonenforcement Assignments. This order does not preclude the assignment of one-officer field patrol units at any time during a temporary emergency, for a fixed-post traffic control assignment, or for a nonenforcement assignment if the safety of the officer is reasonably assured. Examples of such assignments include, but are not limited to:

(1) When escorting vehicles through hazardous areas during heavy fog or other situations of limited visibility.

(2) For fixed-post traffic control at the scene of major fires, movie details, or Construction/Maintenance Zone Enhanced Enforcement Programs provided that there are at least two fixed-post locations in close proximity to one another.
NOTE: A two-officer field patrol unit should be used for traffic control between 2200 and 0600 hours when only one fixed-post is required unless the beat environment affords reasonable safety for the officer.

(3) On call-outs for specific assignments in locations where 24-hour coverage is not provided.

(4) When units are assigned primarily to nonenforcement duties.

a. Mandatory Activation. The MVARS RECORD function shall be activated during the following enforcement actions and activities:

D E S C P 3

(1) Enforcement* contacts (including pedestrians).

(2) Pursuits*.

(3) Emergency responses “Code 3.”*

(4) Vehicle searches* and inventories.

(5) Assisting disabled* motorists.

(6) Confrontational* interactions with members of the public (whether primary
or assisting officer), to include civil disturbances, crimes in progress, or other situations in which the employee anticipates encountering a disturbance or uncooperative person(s).

(7) Pat down frisks or searches*.

GENERAL ORDER 100.61 REVISED JULY 2022
USE OF MOBILE VIDEO/AUDIO RECORDING SYSTEMS

c. Restricted Activation.

E A

(1) Employees shall not record conversations or interactions with other employees while not in an enforcement capacity (e.g., during breaks, while discussing administrative matters, tactical information, or when not otherwise engaged with members of the public).

(2) Allied Agency Incidents. When not directly involved, sworn employees shall not use MVARS equipment to record other law enforcement agency actions without the expressed permission of the California Highway Patrol (CHP) shift supervisor.

(1) The wireless microphone transmitter does have a functional MUTE button. The MUTE button shall only be used if confidential information is being discussed (e.g.,___________, ___________). Upon conclusion of the dissemination of confidential information, the audio recording shall be resumed without delay.

tactical communications, field training officer/trainee training communications

(1) The following events shall be reviewed by supervisors, managers, or other authorized personnel: S U C I P D

(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: 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. (b) Any incident involving the use* of force by a member of the Department. (c) Any in-custody* death. (d) Any incident involving a departmental vehicle crash*. (e) Any pursuit* involving departmental participation. (f) When any member of the Department intentionally or accidentally discharges* a firearm or Electronic Control Device at a person (to include a drive stun).

(2) The following events should be reviewed by supervisors, managers, or other authorized personnel: 268 R A D

(a) Any event requiring the completion of a CHP 268*, Risk Management Potential Civil Litigation Report. (b) Any event requiring an approved release* of a recording outside the Department (to include legal requests and formal or informal discovery requests). (c) For the purpose of proving or disproving specific allegations* of misconduct. (d) For the purpose of identifying and diagnosing MVARS malfunctions by a trained coordinator. (3) Examples of when video review may be appropriate include: (a) If the early warning system identifies an employee with three or more negative events. (b) An employee exhibits specific articulable behaviors which cause concerns.

(2) Communications with dispatch center/communications center shall be conducted using the departmental radio system and/or the Mobile Digital Computer (MDC). Cellular telephones may be used to communicate with dispatch center/communications center under the following circumstances: P T C S

(a) Exigent circumstances exist, and/or poor radio communications exist where the use of the departmental radio and/or MDC is not practical. (b) The Emergency in Progress tone is activated, and there is a necessity to communicate with the dispatch center/communications center. (c) The necessity to relate or receive confidential information. (d) When a supervisor determines a need to speak directly to the dispatcher or dispatch center/communications center.

(3) Employees _____ talk on cellular telephones while operating a marked enforcement vehicle, unless exigent circumstances exist. If exigent circumstances exist, any communication using a cellular telephone shall be done utilizing a hands-free method (e.g., speaker phone, headset, or Bluetooth®). Employees _____ wear cellular telephone earpieces if not actually engaged in a conversation.

should not, shall not,

GO 60.1: USE OF AUTOMATED VEHICLE LOCATOR SYSTEM DATA b. Uniformed Personnel. The AVLS data shall not be routinely accessed on the Mobile Digital Computer or on the VisiNET Web browser during a patrol shift. OWN; LOCATE ANOTHER OFFICER; PURSUIT

(1) Uniformed personnel may access AVLS data for their own patrol vehicle if they have the need to do so. (2) Uniformed personnel may access AVLS data for a patrol vehicle other than their own if there is an emergency where the data is needed to locate another officer. (3) Uniformed personnel may review AVLS data as part of an after-action report of an incident, such as a pursuit, if a demonstrated need can be articulated outlining the benefits of having the data.

GO 100.24: 24-HOUR ROAD PATROL a. Area commanders shall maintain 24-hour road patrol coverage on all interstate highways, ______, ______, and, _______.

United States (US) 101, US 50, and State Route (SR) 99.

MM 22-013 BODY-WORN CAMERA POLICY REVISION 1. Mandatory Activation. Employees shall activate their BWCs for the duration of the following enforcement activities: D E S C

a. Enforcement contacts (including pedestrians). b. Vehicle searches and inventories. c. Assisting disabled motorists. d. Confrontational interactions with members of the public (whether primary or assisting officer), to include civil disturbances, crimes in progress, or other situations in which the employee anticipates encountering a disturbance or uncooperative person(s). e. Pat down frisks or searches.

3. Restricted Activation. Employees are restricted from activating their BWC as follows: E R M

a. Employees shall not record conversations or interactions with other employees* while not in an enforcement capacity (e.g., during breaks, counseling, briefing, locker rooms, while discussing administrative matters, tactical information, or when otherwise not in service). b. Recordings should not be made in a residence, restroom, or any other setting where there is a reasonable* expectation of privacy, unless personnel are entering in response to an emergency, crime in progress, exigent circumstance, or other situation in which the employee anticipates encountering a disturbance or uncooperative person(s). c. Recordings should not be made in a medical* facility where persons are receiving treatment unless entering in response to an emergency, crime in progress, exigent circumstance, or other situation in which the employee anticipates encountering a disturbance or uncooperative person(s).

MM 22-013 BODY-WORN CAMERA POLICY REVISION 4. Nonevidentiary Recordings. Recordings with no evidentiary value, or those where the camera was inadvertently activated may be purged after ____ to limit unnecessary data storage.

60 days

MM 22-013 BODY-WORN CAMERA POLICY REVISION 5. Accidental Recordings. When the BWC is activated accidentally in a situation in which it should not have been activated (e.g., in a restroom or locker room), an employee shall prepare a ____ documenting the circumstances and requesting the recording be deleted. Upon review and approval of the Area commander, the recording may then be deleted prior to the _____ retention period for nonevidentiary recordings.

memorandum, 60-day

MM 22-013 BODY-WORN CAMERA POLICY REVISION NOTE: Severe injury is defined as an injury,

Other than a fatal injury, which includes the following: 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.

MM 22-014 WIRELESS MOBILE VIDEO/AUDIO RECORDING SYSTEM POLICY REVISION 3. Restricted Activation. Employees are restricted from activating a recording under the following conditions: E A

A. Employees shall not record conversations or interactions with other employees* while not in an enforcement capacity (e.g., during breaks, while discussing administrative or tactical information, when otherwise not engaged with members of the public). b. Allied Agency Incidents. When not directly involved, sworn employees shall not use WMVARS equipment to record other law enforcement agency actions without the expressed permission of the California Highway Patrol (CHP) shift supervisor.

1. Digital Media Security. Officers ____ ensure digital evidence from the WMVARS is successfully uploading prior to the conclusion of their shift. Officers shall either sign-in to the Command Center to verify _____ video from their current shift has uploaded or perform a manual upload on the WMVARS to ensure the hardware and networking components in the vehicle are operational. If the WMVARS is unable to upload digital evidence, or the upload process does not progress after a significant period of time, the officer shall complete a CHP 179W and submit it to the WMVARS coordinator, who will be responsible for ensuring proper upload of the data as soon as practicable. It is not necessary that all evidence successfully uploads prior to an officer concluding their shift or powering down the vehicle due to the WMVARS continuing to upload any outstanding digital evidence automatically once the vehicle is powered on again.

shall, at least one,

(34) Officer’s Notes (Green Copy). When a ____ or ____ is not prepared, the officer shall make notes on the green copy of the CHP 215. The notes shall contain details which established reasonable suspicion/probable cause for the stop, violation(s) charged, explanation for the reason for extended duration of stop, and any relevant circumstances occurring during the enforcement stop to ensure details of the stop are preserved.

CHP 202 or a CHP 216

(2) Upon completion of a CHP 215 book, the copies are to be retained for ____. This retention period may be extended by the Area commander. (3) During the retention period, copies ____ be available in the officer’s assigned Area office for supervisory review.

one year, shall

(5) Missing Copies. In their daily filing of duplicates, citation clerks are to verify that the files of duplicates for each officer are in sequence. Any missing original or duplicate is to be immediately brought to the attention of the Area commander. (a) It is imperative that a complete investigation be conducted and every effort made to locate a missing original. In those cases where a duplicate is present but the corresponding original is missing, the issuing officer is to be notified and required to produce the corresponding triplicate for review by the Area commander. (b) The triplicate is to be accompanied by a ____ prepared by the citing/arresting officer setting forth the facts and circumstances surrounding the arrest and the missing original. If there are indications of misconduct, the employee ____ be directed to prepare a ____. This is to preclude any potential violations of the Public Safety Officer’s Procedural Bill of Rights. (c) If at the conclusion of the investigation, the Area commander determines that the missing original did not reach the court, prosecution is to be initiated using the complaint process. The triplicate will provide the basis for such prosecution.

CHP 51, shall not, CHP 51,

GO 100.90: MAXIMUM ENFORCEMENT PERIOD REPORTING Prior Collision

Names of persons who die during the holiday reporting period as the result of collisions that occurred prior to the start of the holiday period shall not be included in the body of the report. A note at the end of the report shall give the name(s) of the deceased, and the date and place of each collision.

GO 100.90: MAXIMUM ENFORCEMENT PERIOD REPORTING Subsequent Deaths

Names of persons who die after the final holiday reporting period, but before the final report is transmitted, shall not be included in the report.

GO 100.90: MAXIMUM ENFORCEMENT PERIOD REPORTING Private Property

Fatal collisions that occur on private property shall not be included in the holiday fatality report, but shall be noted separately at the end of the report.