HPM 100.67, Law Enforcement Assistance and Interjurisdictional Operations

Question 1

Under the mutual aid protocol, who is the operational area coordinator?

Answer 1

The county sheriff.

p. 1-4

Question 2

How many law enforcement mutual aid regions has the Governor’s Office of Emergency Services divided the state into?

Answer 2

Seven (7).

p. 1-4

Question 3

Who approves requests before committing CHP resources in response for requests for mutual aid?

Answer 3

The Commissioner.

p. 1-5

Question 4

Will the Department respond to a request for unarmed mutual aid assistance at a detention facility?

Answer 4

All requests for unarmed assistance will be declined.

p. 1-5

Question 5

What is the command and control doctrine as it applies to mutual aid?

Answer 5

Departmental personnel committed to the support of local authorities shall remain under the command and control of the CHP. All CHP policies and procedures, including the policy on carrying and using firearms, will remain in effect.

p. 1-6

Question 6

Upon learning that the proposed incorporation or annexation is pending implementation, the affected Area commander shall prepare an assessment of the impact on Area staffing requirements for the fiscal year following the incorporation or annexation. The Area commander shall forward the impact assessment to the appropriate Division within how many days after all legal requirements have been met to implement the incorporation or annexation?

Answer 6

30 calendar days.

p. 3-4

Question 7

In accordance with the Interstate Mutual Assistance Agreement peace officer authority is limited to how many statute miles within the bordering state?

Answer 7

50.

p. 4-4

Question 8

Oregon, Arizona, and Nevada’s Fresh Pursuit Acts statutorily extend peace officer authority to officers from other states when in “fresh pursuit” of what?

Answer 8

A fleeing felon.

p. 5-1

Question 9

What is Exclusive Federal Jurisdiction?

Answer 9

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.

p. 6-3

Question 10

What is Partial Jurisdiction?

Answer 10

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. Consequently, for day-to-day law enforcement activities, there is no practical difference between exclusive federal jurisdiction and partial federal jurisdiction.

p. 6-3

Question 11

What is Concurrent Jurisdiction?

Answer 11

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.

p. 6-4

Question 12

What is Proprietary Jurisdiction?

Answer 12

The federal government has an interest in (or title to) these properties, but has no jurisdiction over them. Federal law enforcement officers are only empowered to make private person’s arrests for most crimes, unless they have been appointed as law enforcement officers by the state or acting pursuant to Penal Code Section 830.8(a). The Department is obligated to provide its full range of services, including collision investigation, code enforcement, and mitigation of on-highway hazardous materials incidents.

p. 6-4

Question 13

What jurisdiction is applicable to Indian reservations or rancherias?

Answer 13

Under Public Law 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 concurrently 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.

p. 6-5

Question 14

Will the Department enforce the Fish and Game Code on reservations or rancherias with respect to non-Indians?

Answer 14

Yes.

p. 6-7

Question 15

What is policy related to a foreign nationals who claim diplomatic immunity or consular immunity?

Answer 15

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:
(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.
p. 8-3

Question 16

Whenever a CHP 215, Notice to Appear, is issued to an immunity claimant, what are the additional procedures that shall be followed by the arresting officer?

Answer 16

• ID is to be requested of the claimant.
• The title and country represented by the claimant are to be recorded on the back of the officer’s copy of the CHP 215 for later reference
• Claimant shall be requested to sign the CHP 215. If the claimant refuses, the identity and immunity status of the individual shall be conclusively established.
  1. (Verified diplomatic agents) The word “Refused” shall be entered in the signature box, and the violator shall be released.
  2. (Verified consular staff members) generally obligated to sign the CHP 215, but a signature shall not be required if their immunity status is uncertain.
  3. All other claimants are subject to the provisions of California Vehicle Code Section 40302(b) and policy and procedures outlined in paragraph 4.b.(1) and 4.b.(2) of this chapter.
  4. The violator shall be provided with the appropriate copy of the CHP 215.

p. 8-6

Question 17

Under what circumstances can you detain a diplomatic agent?

Answer 17

When they have no identification and the detention is to verify their diplomatic status.

p. 8-6

Question 18

Can an officer make and arrest for illegal entry into the US?

Answer 18

Yes, if the crime was committed in their presence.

p. 8-10

Question 19

Under what circumstances shall an attempt be made to determine a suspected foreign nationals citizenship when being detained?

Answer 19

When the detention exceeds 2 hours.

p. 8-12

Question 20

For an arrested subject–If an individual indicates they are a foreign national, or if an officer suspects the individual is a foreign national, the officer shall advise the individual they are entitled to what?

Answer 20

Have their country’s consular representative in the U.S. notified of the arrest or detention, and they have the right to communicate with an official from the consulate or embassy of their country.

p. 8-12