HPM 100.67 Flashcards

Law Enforcement Assistance

1
Q

Except for ___ __ ____ and ___ __ ____ mutual aid, the CHP will not normally dedicate departmental resources to city requests prior to the reasonable commitment of available county resources.

A

“Officer needs assistance” and “Emergency traffic assistance”

1-3 (1b)

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2
Q

Authority for the CHP to provide the various types of assistance and support is contained in the: (4 things)

A
  1. CA Penal Code
    2.Governor’s Executive Orders
  2. California Emergency Services Act
  3. Master Mutual Aid Agreement
    1-4 (e)
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3
Q

The four types of Mutual Aid that the CHP may deal with are:

A
  1. Local Government
    2.Operational Area
  2. Regional
  3. State
    1-4 (d 1-4)
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4
Q

Approval of the ____ or their designee is required before committing CHP resources in response to a request for mutual aid.

A

COMMISSIONER

1-5 (2a)

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5
Q

Departmental personnel committed to the support of local authorities ___ ___ under the command and control of the CHP.

A

SHALL REMAIN

1-6 (2f)

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6
Q

Uniformed personnel shall respond to officer needs assistance requests but the degree of response must be based on the decision of the __-____ _____ who is authorized to commit the personnel and resources necessary to meet the particular situation.

A

on-duty supervisor

1-6 (3a)

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7
Q

Departmental personnel shall not provide service or assistance to a city or county law enforcement agency involved in a job action (strike/sick-outs) unless authorized by:

A
A.  Commissioner
B.  Deputy Commissioner
C.  Assistant Commissioner Field
D.  Assistant Commissioner Staff
1-9 (5b2)
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8
Q

Local or state law enforcement personnel are prohibited from assisting in mutual aid situations in National Parks.
True or False?

A

True: Until a system has been developed to provide CHP personnel with proper authority in national parks, the Department will continue its no assistance position in national parks held under exclusive jurisdiction.
1-12 (6b)

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9
Q

All assistance rendered voluntarily or in response to a request from an adjoining state, shall be limited to that area within __ _____ _____ of any point along the common border of the affected states.

A

50 statute miles

4-4 (2b3)

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10
Q

Whether in pursuit or for collision/investigation follow-up, supervisory approval ____ be obtained prior to entering the adjoining state. When prior notification is impractical, officers ____ make notification as soon as possible. Officers ____ also immediately notify the appropriate local law enforcement agency of the nature and circumstances surrounding the incident.

A

SHOULD / SHALL / SHALL

5-2 (5c)

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11
Q

The bordering state’s Fresh Pursuit Acts statutorily extend peace officer authority to officers from other states when in “fresh pursuit” of a fleeing ____.

A

FELON. Fresh pursuit only applies to felonies, not misdemeanors!
5-1 (3a)

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12
Q

Generally, there are 2 means by which a suspect who is physically located in one state may be returned to another state (to face criminal charges):

A

Not in-custody: May voluntarily return
In-custody: may be returned consistent with the asylum state’s “Extradition Acts”
5-3 (6a)

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13
Q

Officers ____ not pursue beyond the 50 statute mile limit unless the subject’s driving presents an ____ hazard to the public (ie., DUI/reckless)

A

Should / extreme

5-3 (6b2)

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14
Q

Routine enforcement of traffic violations (infractions) can be made outside the State of California.
True or False?

A

False: Neither the Fresh Pursuit Acts nor the Interstate Mutual Assistance Agreements authorize routine enforcement of traffic violations outside the State of CA.
5-4 (c1)

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15
Q

What are the four categories of peace officer authority available to state and local officials within federal lands:

A
  1. Exclusive Federal Jurisdiction - All powers are vested in the federal government.
  2. Partial jurisdiction - Fed some authority and state some authority
  3. Concurrent jurisdiction - Federal, state, and local government each have the same authority over the land
  4. Proprietary jurisdiction - Federal government has an interest (or title) to these properties but has no jurisdiction over them.
    6-3 and 6-4 (2a-d)
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16
Q

Criminal jurisdiction on Indian reservations and rancherias is as follows:

A

a. Federal officials are generally limited to enforcing federal criminal laws.
b. State officials have proprietary jurisdiction
c. Tribal officials have proprietary jurisdiction excluding the ability to adjudicate and punish non- Indians.
6-5 (g1 a-c)

17
Q

The Department nor local government can cite for parking violations, Impose Admin Per Se driver license sanctions, enforce the “zero tolerance” minor driving under the influence law, or enforce local ordinances.
True or False?

A

True: However, these violations when committed by tribal members on another tribe’s reservation or rancheria, or by non-Indians, are enforceable by the Department.
6-6 (3)

18
Q

The Department will only enforce the Fish and Game Code on Indian reservations or rancherias with respect to ___-____.

A

non-indians

6-7 (c)

19
Q

Upon request, the Department will assist the National Nuclear Security Administration (NNSA) in the movement and protection of convoys transporting shipments of special nuclear materials.
True or False?

A

True

7-3 (1b1)

20
Q

Defense Courier Service vehicles and their drivers are _______ from enforcement when such action is warranted.

A

NOT EXEMPT

7-11 (2b3)

21
Q

All incidents involving a NNSA convoy (e.g. enforcement actions, assistance provided, or operational problems between NNSA and CHP personnel) shall be reported by ________________ in which the incident occurred.

A

memorandum to the commander of the area

7-7 (g1)

22
Q

A foreign national is anyone who is not a citizen of the US. A person with dual-citizenship, US and foreign _____ a foreign national.

A

is not

8-3 (2)

23
Q

Consular officers are the ranking members of consular posts who perform various formal functions on behalf of their own governments and are immune from arrest or detention, except pursuant to a ____ _____.

A

felony warrant

8-4 (3b)

24
Q

An enforcement document shall be issued at the scene for all violations warranting such action, regardless of the violator’s immunity status. If the claimant refuses to sign the CHP 215, the following procedures shall be followed:

A

a. The identity and immunity status of the individual shall be conclusively established.
b. Verified diplomatic agents and consular officers from countries with which the US has special agreements with are not required to sign the CHP 215 and the word “Refused” shall be entered in the signature box, and the violator shall be released.
8-6 (c1-2)

25
Q

Vehicles which are owned by subjects with full immunity may not be _____, _____, or _____ without the owners permission.

A

searched / stored / or impounded
But, may be towed the necessary distance to remove them from obstructing traffic or creating any other hazard.
8-9 (5)

26
Q

Section 834c PC requires officers to advise actual and even suspected foreign nationals of the right to communicate with an official from the consulate or embassy of their country when they have been arrested and booked or detained for more than __ hours.

A

2

8-12 (c1b1)