HPM 100.67 Law Enforcement Assistance and Interjurisdictional Operations manual

Question 1

Departmental aid to law enforcement agencies within the state may include all of the following:

a. Temporary emergency assistance
b. Supporting and upholding agencies during mutual aid operations
c. Supporting and upholding agencies as the result of a police labor controversy
d. All of the above

Answer 1

D. All of the above

Question 2

True or false? No matter what level of assistance the Department provides under mutual aid guidelines, the CHP will adhere to the Incident Command System protocol at County or above level incidents.

Answer 2

False

Protocol as required by law and outlined in HPM 50.1

Question 3

True or false? Mutual aid is an impromptu cooperative effort between city, county, and state emergency response agencies to ensure consistent and efficient emergency services to each other in extraordinary situations.

Answer 3

False

A planned cooperative effort

Question 4

True or false? The basic policy of California’s Law Enforcement Mutual Aid Plan is to provide state resources to local government during civil disorders and unusual occurrences after local and adjacent government aid has been reasonably committed, or when the magnitude of the emergency is such that it would be in the best interest of the state to commit CHP resources prior to the commitment of local agency resources.

Answer 4

True

Question 5

True or false? Approval of the Division Commander or their designee is required before committing CHP resources in response to a request for mutual aid.

Answer 5

False

Commissioner

Question 6

Field commanders ___ ensure all uniformed personnel, particularly sergeants and officers-in-charge (OIC), are familiar with departmental assistance procedures contained in this chapter.

Answer 6

Shall

Question 7

True or false? In most instances, departmental personnel committed to the support of local authorities should remain under the command and control of the CHP.

Answer 7

False

Shall

Question 8

True or false? Uniformed personnel shall respond to officer needs assistance requests.

Answer 8

True

Question 9

For mutual aid support, Area commanders ___ authorize mobilization of as many of their personnel as deemed necessary for the situation prior to the receipt of approval to commit resources.

Answer 9

May

Question 10

True or false? Field commands receiving a request will immediately notify the next level of command, providing as much information as possible. Divisions will ensure the Assistant Commissioner, Field, and the Office of Employee Relations are notified.

Answer 10

True

Question 11

True or false? The CHP is the primary back-up law enforcement agency for any city whose police department is involved in a job action.

Answer 11

False

Sheriff

Question 12

True or false? When the CHP is involved in general law enforcement assistance, the Department will conduct preliminary investigatory assistance. Any follow-up investigation will be the responsibility of the appropriate law enforcement agency.

Answer 12

True

Question 13

Local or state law enforcement personnel are prohibited from assisting in (National Parks) mutual aid situations because of a complete lack of authority.

Answer 13

True

Question 14

True or false? If requested by the governing body of a newly incorporated city, the California Highway Patrol (CHP) will continue to provide traffic law enforcement services without reimbursement during the remainder of the fiscal year of incorporation or until establishment of a police department, whichever occurs first.

Answer 14

True

Question 15

Generally, traffic law enforcement services will not be provided for a period longer than ___ months from the date of incorporation.

a. 6 months
b. 12 months
c. 18 months
d. 24 months

Answer 15

B. 12 months

Question 16

Interstate mutual assistance is reciprocal assistance between the California Highway Patrol (CHP) and the ___ State Police, ___ Highway Patrol, and ___ Department of Public Safety.

Answer 16

Oregon
Nevada
Arizona

Question 17

True or false? A CHP officer is a peace officer in Nevada, Oregon, and Arizona when in response to a request for services initiated by either state, and/or a situation requires immediate law enforcement or emergency action.

Answer 17

True

Question 18

True or false? Officers shall notify the neighboring state when voluntarily conducting law enforcement or emergency action in a neighboring state.

Answer 18

True

Question 19

All assistance rendered voluntarily or in response to a request shall be limited to that area within __ statute miles of any point along the common border of the affected states.

Answer 19

50

Question 20

True or false? Officers of the requesting state will be primarily responsible for safeguarding lives and property, making and processing arrests, and impounding vehicles within the territorial boundaries of their state.

Answer 20

True

Question 21

True or false? When an assisting officer takes a person or property into custody, the officer shall not relinquish custody of the said person or property to an officer of the requesting state. The officer shall maintain full control and custody of the property or person.

Answer 21

False

Shall relinquish

Question 22

True or false? Officers of the assisting state who are subpoenaed to court or other administrative hearings or boards, as a direct result of providing assistance, should honor all subpoenas by the requesting state.

Answer 22

False

Shall

Question 23

Interstate mutual aid agreements are normally renegotiated on an ______ basis.

Answer 23

Biennial

Question 24

True or false? Whether a felony or misdemeanor violation is involved, it is the policy of the Department to turn over pursuits entering adjoining states to the appropriate law enforcement agency having jurisdiction immediately.

Answer 24

True

Question 25

True or 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. Thus, an officer who initiates a felony pursuit in California may continue the pursuit, should the circumstances warrant.

Answer 25

True

Question 26

The Fresh Pursuit Acts are not applicable to misdemeanor violations, however, the Interstate Mutual Assistance Agreements, permit officers to act within ___ statute miles of the state border where “immediate law enforcement action” is required or requested. Officers should not pursue beyond the ___ statute mile limit.

a. 10
b. 25
c. 50
d. 100

Answer 26

C. 50 statute mile

Question 27

True or false? Although the states have varied DUI presumptive limits, DUI is a violation in the adjoining states. Thus, a DUI suspect pursued out-of-state may also violate adjoining state’s DUI statutes (because he/she is driving in that state while under the influence). Therefore, the officer should detain the suspect and request the appropriate law enforcement authorities investigate for a violation of their statutes.

Answer 27

True

Question 28

True or false? A suspect can be prosecuted in California and Nevada if the DUI was observed and investigated by the same officer in both states.

Answer 28

False

Question 29

True or false? The Fresh Pursuit Acts and the Interstate Mutual Assistance Agreements authorize routine enforcement of traffic violations (infractions) outside the State of California for CHP officers.

Answer 29

False

Routine stops prohibited

Question 30

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

a. 0
b. 25
c. 50
d. Unlimited

Answer 30

C. 50

Question 31

True or false? When a suspected DUI driver is involved in a collision and is to be transported to an adjoining state, whenever possible, officers are encouraged to arrest and obtain blood/alcohol evidence while in California (e.g., sample drawn by on-scene non-fire department paramedics). Subsequently, the suspect should be formally released.

Answer 31

True

Question 32

True or false? Statutes of one state have no force in another state. Actions contrary to the individual state’s law or undertaken without police authority could result in criminal and/or civil charges filed against an officer and/or the Department.

• Oregon statutes specifically prohibit forced blood withdrawal.
• Nevada statutes permit forced blood withdrawal.
• Arizona statutes, while not authorizing forced blood withdrawal, permit evidential use of samples drawn for medical purposes.

Areas should consult their local district attorney’s office for assistance in developing applicable procedures. Additionally, Areas should coordinate all forced blood withdrawals through the local law enforcement agency.

Answer 32

True

Question 33

The Fresh Pursuit Acts specify officers have both the authority to arrest and hold such “person in custody.” Further, the Fresh Pursuit Acts mandate officers take the accused before a local magistrate to determine the lawfulness of the arrest. A local magistrate would be a court in the jurisdiction in which the ___.

a. Person resides
b. Crime occurred
c. Arrest occurred
d. Detention occurred

Answer 33

C. Arrest occurred

Question 34

True or false? Pursuant to the Interstate Mutual Assistance Agreement, officers “taking a person or property into custody” shall “relinquish custody” to the appropriate agency (OSP, NHP, and Arizona DPS) at the earliest convenience.

Answer 34

True

Question 35

True or false? Pursuant to Section 23612 VC, implied consent provisions are applicable only when the suspect is placed under lawful arrest. When a formal arrest is not effected, the Department of Motor Vehicles cannot execute administrative action for blood/alcohol testing refusal.

Answer 35

True

Question 36

True or false? An Administrative Per Se (Section 13382 VC) license confiscation requires a valid arrest. Unless the suspect was lawfully arrested, an officer shall not confiscate a DUI suspect’s California driver license.

Answer 36

True

Question 37

True or false? In Exclusive Federal Jurisdiction, neither the state nor local government has an obligation to furnish services within the boundaries of the federal property, but they shall protect the property when requested. The state has retained the right to serve criminal and civil processes.

Answer 37

False

May protect

Question 38

True or false? In Concurrent Jurisdiction, 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.

Answer 38

True

Question 39

True or false? Criminal jurisdiction on Indian reservations and rancherias is as follows:

• Federal officials are generally limited to enforcing federal criminal laws.
• State officials have proprietary jurisdiction.
• Tribal officials have proprietary jurisdiction excluding the ability to adjudicate and punish non-Indians.

Answer 39

True

Question 40

True or false? Indian reservations and rancherias are to be considered exclusive jurisdiction 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. However, these violations, when committed by tribal members on another tribe’s reservation or rancheria, or by non-Indians, are enforceable by the Department.

Answer 40

True

Question 41

True or false? A Memorandum of Understanding (MOU) is not permitted between a tribe and the local CHP Area to provide enhanced traffic enforcement or documentation of nonreportable collisions.

Answer 41

False

Is permitted?

Question 42

True or false? The President of the United States has, by Executive Order, determined that Native Americans’ hunting and fishing rights on reservations cannot be superseded by state law. The Department will, therefore, only enforce the Fish and Game Code on Indian reservations or rancherias with respect to non-Indians.

Answer 42

True

Question 43

True or false? The Department may only remove a vehicle located within the territorial limits of an Indian reservation or rancheria in emergency situations or only under the following CVC authorities:

1) California Vehicle Code 22651(b) - Obstructing Traffic/Blocking
2) California Vehicle Code 22654(e) - Impeding Emergency Services Personnel
3) California Vehicle Code 22651(c) - Stolen/Embezzled Vehicle
4) California Vehicle Code 22651(g) - Driver Incapacitated
5) California Vehicle Code 22651(h) - Driver in Custody
6) California Vehicle Code 22655 - Impound for Investigation of a Hit-and-Run
7) California Vehicle Code 22656 - Removal from Railroad Right-of-Way.

Answer 43

True

Question 44

True or false? Area commands may routinely patrol and take enforcement action on any highway within an exclusive- or partial-jurisdiction property.

Answer 44

False

Will neither routinely patrol nor take enforcement action

Question 45

True or false? Officers must be deputized as U.S. Marshals before mutual aid or the Area command being directed to patrol and take enforcement action within an exclusive- or a partial jurisdiction property.

Answer 45

True

Question 46

True or false? National Nuclear Security Administration (NNSA) vehicles are exempt from enforcement action.

Answer 46

False

Question 47

True or false? Officers making an enforcement stop on an NNSA convoy vehicle should expect and look for an NNSA escort vehicle to pull in front of the transport vehicle with red and blue lights activated.

Answer 47

True

Question 48

True or false? A foreign national is anyone who is not a citizen of the United States (U.S.). A person with dual-citizenship, U.S. and foreign, is not a foreign national.

Answer 48

True

Question 49

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:

Diplomatic or consular immunity is claimed by the individual or suspected by the officer, ___ the officer has verified or reasonably suspects that the claim of immunity is valid.

Answer 49

And

Question 50

Diplomatic agents (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. The family members of diplomatic agents are afforded these same immunities. There ___ diplomatic agents permanently assigned to California; but, they do occasionally visit the state.

a. Are
b. Are no

Answer 50

B. Are no

Question 51

True or false? All diplomatic and consular personnel who are entitled to immunity are registered with the DOS and are issued distinctive identification cards by the U.S. Department of State (DOS) Protocol Office.

Answer 51

True

Question 52

True or false? Vehicles owned by honorary consuls are not issued OFM license plates, but may have California license plates with an honorary consul label. Driver identity or immunity status ___ not be presumed from the type of license plates displayed on the vehicle.

Answer 52

Should

Question 53

True or false? An enforcement document ___ be issued at the scene for all violations warranting such action, regardless of the violator’s immunity status. (The issuance of a citation is not considered an arrest or detention under current DOS guidelines.)

Answer 53

Shall

Question 54

True or false? The 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.

Answer 54

True

Question 55

True or false? A subject who is placed under arrest and claims diplomatic or consular immunity shall not be physically restrained before verification of the claim (unless restraint is necessary for the protection of the officer or others). A supervisor shall be promptly notified and should respond to the scene whenever possible.

Answer 55

True

Question 56

True or false? For a claim of immunity, if the violator appears to have been driving while under the influence (DUI), field sobriety tests (including Preliminary Alcohol Screening device tests) and chemical tests should be offered and obtained whenever possible, but these tests cannot be compelled. The subject shall not be permitted to drive. A supervisor’s approval for release shall be obtained whenever possible, and alternative transportation should be arranged.

Answer 56

True

Question 57

True or false? A person who enters the U.S. at other than the time and place designated by an immigration officer has illegally entered the U.S. Illegal entry is a misdemeanor offense (8 U.S. Code Service [USCS] Section 1325). Officers may arrest for violations occurring in their presence (i.e., the officer observed the actual unlawful border-crossing).

Answer 57

True

Question 58

True or false? 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 shall attempt to determine the person’s citizenship. This procedure applies to in-custody arrests and to detentions exceeding 12 hours.

Answer 58

False

Exceeding 2 hours

Question 59

True or false? When an officer contacts a foreign national who has been injured in a traffic collision or in another event falling under the investigative jurisdiction of the Department, the officer should advise the person that the Department will notify the appropriate consulate if the injured party desires. If the person requests that their consulate be notified, officers shall request that the CHP communications center notify the appropriate embassy/consulate ___.

a. Immediately
b. As soon as possible
c. As soon as practical
d. At the Department’s leisure

Answer 59

C. As soon as practical

Question 60

True or false? The Victims of Trafficking and Violence Prevention Act (VTVPA) of 2000 created the Victim of Crime Visa, otherwise known as a U-Visa and a T-Visa. A U-Visa grants relief from deportation and permission to work in the U.S. to specified crime victims. The T- Visa, which allows qualified victims of specified human trafficking crimes to apply for citizenship status.

Answer 60

True