HPM 100.67: LAW ENFORCEMENT ASSISTANCE AND INTERJURISDICTIONAL OPERATIONS

Question 1

Procedures for Obtaining Mutual Aid.
(1) Local Government. When a chief of police determines that an emergency situation in their jurisdiction may become or is already beyond the
control of their department’s resources, it is their responsibility to request mutual aid from the operational area coordinator (___ ___).

Answer 1

county sheriff

Question 2

When an active or anticipated emergency cannot be resolved by a single law enforcement agency within an operational area, it is the responsibility of the operational area coordinator to provide assistance and coordination of resources to control the problem. If it appears likely that operational
area resources may be depleted, the ___ coordinator should be advised

Answer 2

regional

Question 3

Should an existing or anticipated emergency be of such magnitude as to require the commitment of the resources of one or more operational areas, it is the responsibility of the coordinator to organize
the response of resources within the region

Answer 3

regional

Question 4

The California Governor’s Office of Emergency Services (Cal OES) divides the state into ___ law enforcement mutual aid regions.

Answer 4

seven

Question 5

If the combined resources of a law enforcement mutual aid region do not appear to be sufficient to cope with an emergency situation, the regional coordinator will request additional assistance through the state law enforcement mutual aid coordinator, ___ ___ Law Enforcement Division

Answer 5

Cal OES

Question 6

Departmental personnel committed to the support of local authorities should/shall remain under the command and control of the CHP

Answer 6

shall

Question 7

Commanders shall develop standard operating procedures to help field supervisors provide CHP assistance that is timely, sufficient, and
reasonable in accordance with the circumstances. Procedures should (7):

Answer 7

(1) Require the senior on-duty field supervisor in the affected Area to proceed to the scene to assess the situation and direct involved units.
(2) Establish guidelines on the number of units responding, reasonable response distances, and the duration of assistance.
(3) Specify individuals authorized to direct and coordinate the responding units.
(4) Provide directions to control dispatchers’ actions (broadcasting to specific units is preferred to blanket announcements).
(5) Establish radio procedures to minimize delays.
(6) Consider routes of travel that will minimize exposure to hazards.
(7) If mutual aid is formally initiated, officers at the scene may assist until mutual aid forces
arrive.

Question 8

Emergency Traffic Assistance. The senior ranking officer on duty shall:

Answer 8

deploy personnel, notify the Area commander through channels, proceed to the scene; assess the situation, and direct departmental involvement until relieved by a CHP officer of higher rank

Question 9

Commanders should/shall request, through channels, approval of the Commissioner to commit departmental mutual aid resources.

Answer 9

shall

Question 10

true/false: Area commanders may authorize mobilization of as many of their personnel as deemed necessary for the situation prior to the receipt of approval to commit resources.

Answer 10

true

Question 11

May CHP personnel assist in mutual aid in national parks?

Answer 11

No, because of a complete lack of authority

Question 12

The respective commissioner or chief of each party has agreed that any law enforcement officer who is regularly employed by the CHP or the affected state’s highway patrol, department of public safety, or state police is a peace officer in the other state whenever either of the following conditions are met (2):

Answer 12

1) in response to a request for services initiated by either state
2) upon the recognition by any such officer of a situation or circumstance within the jurisdiction or territory of the bordering state which requires immediate law enforcement action or other emergency action

Question 13

Extradition is the process of:

Answer 13

one state acquiring custody of a person physically located in another state

Question 13

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

Answer 13

• a suspect not in-custody may voluntarily return and an in-custody suspect may be returned consistent with the asylum state’s “Extradition Acts”

Question 14

true/false: All bordering states have Fresh Pursuit Acts. These acts convey peace officer status to officers who enter the state in fresh pursuit of a known or suspected felon

Answer 14

true

Question 15

true/false: The Fresh Pursuit Acts are not applicable to misdemeanor violations

Answer 15

true, however, the Interstate Mutual Assistance Agreements, permit officers to act within 50 statute miles of the state border where “immediate law enforcement action” is required or requested.

Question 16

A DUI suspect pursued out-of-state may also violate adjoining state’s DUI statutes. Therefore, the officer should/shall detain the suspect and request the appropriate law enforcement authorities investigate for a violation of their statutes.

Answer 16

should

Question 17

Are routine enforcement of traffic violations (infractions) outside the State of California permitted?

Answer 17

no, only when the violation presents an on-going safety hazard and “immediate law enforcement action” is necessary, officers may make an enforcement stop

Question 18

If a safety hazard stop is made out of state, should the violator me cited at the scene?

Answer 18

no, officers should obtain sufficient identifying information upon which to file a complaint.

Question 19

Normally, when conducting felony investigative follow-up, officers should not exceed __ statute miles from the state border without supervisory approval

Answer 19

50

Question 20

What is Exclusive Federal Jurisdiction?

Answer 20

All powers within this category of federal property are vested in the federal government. The state and its political subdivisions are without power to enforce federal, state, or local laws.

Question 21

What is Partial Jurisdiction?

Answer 21

The most common partial jurisdiction arrangement cedes exclusive criminal and civil jurisdiction to the federal government while the state has reserved the power of taxation

Question 22

What is Concurrent Jurisdiction?

Answer 22

The federal government, the state, and local
government each have the right to exercise the same authority over the land, including the right to prosecute for crimes.

Question 23

What is Proprietary Jurisdiction?

Answer 23

The federal government has an interest in (or title to) these properties, but has no jurisdiction over them. The Department is obligated to provide its full range of services, including collision investigation, code
enforcement, and mitigation of on-highway hazardous materials incidents.

Question 24

Criminal jurisdiction on Indian reservations and rancherias is as follows:

Answer 24

(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

Question 25

Under PL 280, state criminal laws (county and city
ordinances do not apply) have the same force and effect on Indian reservations and rancherias as they have elsewhere in the state. However, the state’s criminal jurisdiction is exercised ___ with tribes who may have tribal criminal laws that can be applied to their tribal members or members of another tribe, but not to non-Indians.

Answer 25

concurrently

Question 26

Indian reservations and rancherias are to be considered ___ ___ with respect to civil matters, and neither the Department nor local government can cite for parking violations, impose Administrative Per Se driver
license sanctions, enforce the “zero tolerance” minor driving-under-the-influence law, or enforce local ordinances.

Answer 26

exclusive jurisdiction

Question 27

A foreign national is:

Answer 27

anyone who is not a citizen of the U.S.

Question 28

A person with dual-citizenship, U.S. and foreign, is not a ___ ___.

Answer 28

foreign national

Question 29

Officers should take appropriate enforcement action for all violations observed, regardless of claims of diplomatic or consular immunity alleged by violators. However, a person shall not be subjected to in-custody arrest when (2):

Answer 29

(1) Diplomatic or consular immunity is claimed by the individual or suspected by the officer, and
(2) The officer has verified or reasonably suspects that the claim of immunity is valid.

Question 30

___ ___ (e.g., ambassadors and United Nations’
representatives) are afforded the highest levels of immunity. They are exempt from arrest or detention and are immune from all criminal (and most civil) prosecution by the host state.

Answer 30

Diplomatic agents

Question 31

___ ___ are the ranking members of consular posts who
perform various formal functions on behalf of their own governments. Typical titles include consul general, consul, and vice consul. These officials are immune from arrest or detention, except pursuant to a felony warrant.

Answer 31

Consular officers

Question 32

___ ___ (e.g., advisors, attachés, chancellors) have immunity only for official acts.

Answer 32

Consular employees

Question 33

true/false: Diplomatic agents and consular officers are immune from arrest or detention

Answer 33

true

Question 34

May vehicles which are owned by subjects with full immunity be searched, stored, or impounded without the owner’s permission?

Answer 34

no, but may be towed the necessary distance to remove them from obstructing traffic or creating any other hazard

Question 35

A photocopy of each CHP 215, CHP 216, or CHP 202, involving an identified diplomat and/or immunity claimant shall be sent via e-mail within ___ ___ to Assistant Commissioner, Field (ACF), whether or not the claim is verified.

Answer 35

48 hours

Question 36

Officers shall arrest foreign nationals only under the
following circumstances (3):

Answer 36

(a) There is a valid judicial warrant issued for the person’s arrest.
(b) The foreign national has violated a federal criminal law, a state law, or a local ordinance.
(c) Officers shall not stop or detain persons solely for the purpose of determining immigration status.

Question 37

Whenever an officer arrests or detains an individual
for a criminal investigation and the officer reasonably believes the person is a foreign national, the officer should/shall attempt to determine the person’s citizenship

Answer 37

shall