Hate Crime And DV Protocol Flashcards
__________ __________: It is any unlawful action against the person or property of another, committed because of the victim’s actual or perceived race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, whether or not performed under color of authority.
A. Civil harassment
B. Hate crime
C. Race crime
D. Racial crime
B. Hate crime
A hate-motivated incident is a ____________ action motivated by a bias.
A. Non-criminal
B. Criminal
C. Negative
D. Hate
A. Non-criminal action
Any non-criminal act directed at any person or group, motivated in whole or in part, by the victim’s actual or perceived race, color, religion, ancestry, national origin, disability, gender, or sexual orientation.
Based on the statement above , is an Officer required to write an information crime report?
Yes
Any criminal acts or attempted criminal acts which cause physical injury, emotional suffering, or property damage where there is a reasonable cause to believe that the crime was motivated, in whole or in part, by the victim’s actual or perceived race, color, religion, ancestry, national origin, disability, gender, or sexual orientation.
A. Hate motivated incident
B. Hate motivated crime
C. Hate motivated event
D. Hate motivated occurrence
B. Hate motivated crime
Often called an “anti-hate crime” statute, provides that an action for injunctive relief may be brought whenever a person interferes by threats, intimidation, or coercion or attempts to interfere with another person’s civil or constitutional rights (these include association, assembly, due process, education, employment, equal protection, expression, formation and enforcement of contracts, holding of public office, housing, privacy, speech, travel, use of public facilities, voting, worship, and protection from bodily restraint or harm, from personal insult, from defamation, and from injury to personal relations).
A. The push act
B. The preventative act
C. The freedom act
D. The bane act
D. The bane act
Speech alone is sufficient to support an action under the Bane Act?
True or false
False.
Speech alone is not sufficient to support an action under the Bane Act, unless the speech itself threatens violence against a specific person or group of persons, and the person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against them or their property and that the person threatening the violence had the apparent ability to carry out the threat.
Is it a crime for any person who attaches or inserts an unauthorized advertisement in -a newspaper, and who redistributes it to the public or who has the intent to redistribute it to the public.
Yes or no
Yes.
538c PC
640.2(a) PC: It is a __________ for any person to stamp, print, place or insert any writing in or on any product or box, package, or other container, containing a consumer product offered for sale.
A. Infraction
B. Misdemeanor
C. Felony
D. Wobbler
B. Misdemeanor
The urging of violence where death or great bodily injury is likely to result is protected by the California Constitution.
True or false
False.
The urging of violence where death or great bodily injury is likely to result is not protected by the California Constitution.
any assault or battery, which is directed at a person(s) because of his or her race, color, religion, ancestry, national origin, disability, gender, or sexual orientation or because they are perceived to have one or more of those characteristics.
Hate motivated incident or hate motivated crime?
Hate motivated crime
A non-criminal act or incident is completed when a bias exists towards a person based upon their actual or perceived race, color, religion, ancestry, national origin, disability, gender, or sexual orientation combined with the apparent intention to do any one or combination of the following except:
A. Harass B. Intimidate C. Threaten D. Retaliate E. Stalk F. Create conflict
E. Stalk
Dispatcher will dispatch the possible hate crime or hate incident over the MDT and the radio.
True or false
False.
Dispatcher will dispatch the possible hate crime or hate incident over the MDT and not the radio.
If there is a question of whether or not the incident meets the criteria of a hate crime, the Communications Senior or Supervisor may contact the ______ ______ ________ during regular business hours or the ________ _________during non-business hours.
Hate crime details, night detectives
When the officer determines a hate crime or incident has occurred, which of the following an officer shall do? Chose all that applies.
A. Request a District Sergeant respond to the scene.
B. Provide assistance to stabilize the victim.
C. Ask the victim if she/he wants to press charges for misdemeanor crime.
D. Provide the victim with referral information regarding victim support services, safety options, and follow-up investigative procedures.
E. Conduct a thorough, preliminary investigation consistent with Department policy and procedure.
A, B, D, E
District Sergeants: Upon being notified of a possible hate crime or incident, the District Sergeant shall: (Chose that all applies)
A. Respond to the scene and determine whether or not a hate crime or incident has occurred.
B. Supervise the investigation.
C. Take whatever steps are necessary to ensure that the situation does not escalate.
D. Update the Area Commander and the appropriate investigative unit.
E. Complete the Watch Commanders Report entry.
F. Review and sign off report.
All of the above
The __________ ________of the Unit responsible for the Hate Crime investigation shall have the authority to activate the Attorney General’s Hate Crime Rapid Response Team.
A. Unit captain
B. Assistance chief
C. Unit commander
D. Police chief
C. Unit commander
Area lieutenant is responsible of all the following except.
A. Maintain responsibility for the preliminary investigation.
B. Ensure the responsibilities of the Beat Officer and Sergeant are completed.
C. Notify the chain of command.
D. Notify the BOI Unit Commander or designee of the investigative unit responsible for handling the follow-up investigation (in aggravated circumstances).
E. Notify the Night and/or Day Detectives of the investigation and seek investigative guidance as needed.
F. The Hate Crime Detail will be notified of all major Hate Crime investigations.
G. Notify the Press Information Officer (in aggravated circumstances).
H. When the PIO is not available to write a press release, the Unit Commander of the BOI Unit in charge of the investigation will be responsible for the press release.
I. Calm the victim and provide resources to the victim.
I.
A violation of a CPO is prosecuted under PC _______. A CPO may require “No Contact” or it may allow “Peaceful Contact”.
166(c)(1) PC
Can an Officer request an EPRO for the victim even-though the victim refused an EPRO?
Yes or no
Yes.
Emergency Protective Order (EPRO) is a type of restraining order issued by a Judge or Commissioner at any time, whether or not Court is in session, under urgent circumstance when either an officer or a victim feels the victim is in immediate and present danger of domestic violence. An EPRO remains in effect for 5 business days.
A DVRO violation and an EPRO violation are prosecuted under ___________.
273.6 PC
Temporary Restraining Order (TRO) is good for up to ______ days unless there is good cause and then ________ days.
A. 14 days, 15 days
B. 21 days, 25 days
C. 18 days, 24 days
D. 10 days, 20 days
B.
Temporary Restraining Order (TRO) is good for up to 21 days unless there is good cause and then 25 days.
A violation of a JRO is prosecuted under Penal Code section __________.
A. 273.5 PC
B. 166(c)(1) PC
C. 166(c) PC
D. 273.65 PC
D.
Juvenile Restraining Order (JRO) is an order issued by either a Juvenile Justice or Dependency Judge that protects against domestic violence or civil harassment. The JRO may be temporary or permanent. A violation of a JRO is prosecuted under Penal Code section 273.65.
Can a law enforcement officer petition a judge to temporarily remove a person’s firearms and ammunition if they fear the person is violent and likely to commit a violent act with a gun.
Yes or no
Yes.
An immediate family member or a law enforcement officer can petition a judge to temporarily remove a person’s firearms and ammunition if they fear the person is violent and likely to commit a violent act with a gun. The order is valid for 21 days and can be extended up to a year, after notice and a hearing.
A violation of a GVRO is prosecuted under _________.
A. 273.6 PC
B. 166(c)(1) PC
C. 18205 PC
D. 19204 PC
C.
A violation of a GVRO is prosecuted under PC 18205.
Temporary emergency GVRO – Can be obtained by a law enforcement officer. Valid for 21 days.
True or false
True
Ex Parte GVRO – Can be obtained by a ______ ______ _______or by an _______ _______ ______. Court shall hold a hearing within 21 days.
Ex Parte GVRO – Can be obtained by a law enforcement officer or by an immediate family member. (Applications can be filed at the clerk’s office on the first floor of the FJCC.) Court shall hold a hearing within 21 days.
How long GVRO is valid?
Valid for 1 year
Dispatcher or 911 call-taker, in speaking with a victim of domestic violence, should inquire as to the victim’s desire to “prosecute,” or “press charges”.
True or false
False.
No dispatcher or 911 call-taker, in speaking with a victim of domestic violence, should inquire as to the victim’s desire to “prosecute,” or “press charges”.
In situations where mutual protective orders have been issued under subdivision 10 (commencing with Section 6200) of the Family Code, an Officer should place both involved parties under arrest for violation of protective order.
True or false.
False.
In situations where mutual protective orders have been issued under subdivision 10 (commencing with Section 6200) of the Family Code, prior to making an arrest, the officers shall make reasonable efforts to identify, and should only arrest without a warrant, the dominant aggressor involved in the incident (PC 836 (c)(3)).
If a victim only informs a law enforcement officer of a prior unreported incident of domestic violence and has no complaint of pain or physical injury at the time of the current report, the officer shall make a good faith effort to inform the complainant of their right to make a private person’s arrest.
True or false
True
If the complainant chooses not to exercise that right to press charges for unreported domestic violence, no complaint of pain or visible injury, is an officer obligated to submit a report for review to the District Attorney or Juvenile Probation Department for review.
Yes.
If the complainant chooses not to exercise that right, the officer shall submit a report to the District Attorney or Juvenile Probation Department for review. The arrest must fall within the statute of limitations and meet the requirements listed above in paragraph (3).
An officer shall make no statements which would tend to discourage a victim from reporting an act of domestic violence or requesting a private person’s arrest.
True or false
True
Can an officer search the suspect’s residence, after being advised by Radio that the suspect have several firearms registered to him/her, without consent or plain view?
Yes or no
No.
Determine if any weapon is involved or in the home. Confiscate and collect as evidence any weapons or firearms used in the incident. If the incident involves any threat to human life or physical assault, officers shall take temporary custody of any firearm or deadly weapon in plain sight or pursuant to a consensual search or other lawful search. If unable to book the weapon (other than firearms) due to size or other extenuating circumstances, photograph the weapon (PC 18250).
