HPM 100.67 - LAW ENFORCEMENT ASSISTANCE & INTERJURISDICTIONAL OPERATIONS Flashcards
Who are the regional law enforcement mutual aid coordinators?
County sheriffs
Will we agree to any requests for unarmed assistance?
No - declined
Cal OES - has divided the state into ____ law enforcement mutual aid regions
Seven (7)
Before committing CHP resources to a request for mutual aid, who’s approval is needed?
Commissioner or their designee
The CHP will respond to 1199 type requests whenever the lives or safety of ______ custodial personnel are in jeopardy, regardless of peace officer status of the person needing help
ANY
Departmental personnel committed to the support of local authorities SHOULD or SHALL remain under the command and control of the CHP
SHALL
Emergency traffic assistance:
The senior ranking officer working SHALL deploy personnel, notify __________, proceed to scene, assess situation and direct CHP’s involvement until relieved by higher rank.
Area Commander
Who should the CHP notify when SEARCH and RESCUE resources are required for an incident?
Notify appropriate sheriff’s department
Labor Strikes - CHP personnel shall NOT provide service or assistance to a city/county agency involved in a strike UNLESS authorized - which would ONLY come from _____________
Commissioner, Deputy Commissioner, Asst Commissioner
Major crime scene - CHP officers will conduct ___________ investigations and hand over the info to the responsible agency for conclusion/follow up.
Preliminary
Does the CHP provide mutual aid assistance in National Parks?
No - They are exclusive jurisdiction enclaves. Local/state government are prohibited from assisting because of lack of authority.
NO ASSISTANCE
Cal OES - maintains ___ Mobile Communications Support Vans
4
Alameda, Shasta, Fresno and Stanislaus County
State law dictates the __________ as the central planning point for multi-agency efforts
Who?
County Sheriff
If requested by a NEWLY INCORPORATED city, the CHP will continue to provide traffic law enforcement services without reimbursement during the remainder of the __________ year of incorporation, or until a PD is established, whichever happens first.
Fiscal year
Interstate mutual assistance is the assistance between the CHP and who?
Oregon State Police (OSP), Nevada Highway Patrol (NHP) and Arizona Dept of Public Safety
3 states
All assistance rendered voluntarily or in response to a interstate mutual assistance request, shall be limited to that area within _____ statute miles at any point along the common border
50 statute miles
CHP’s peace officer powers limited to California. EXCEPTIONS:
3 things
- Fresh pursuit
- In response to request for assistance (1199) or services
- Other circumstances requiring “immediate law enforcement action”
Whether felony or misdemeanor, it is policy of the CHP to turn over pursuits going into adjoining states to other agency when?
ASAP
SHOULD or SHALL get supervisory approval when in pursuit or going for crash/investigative follow up into adjoining state?
SHOULD
If notification is impractical. Do it ASAP
All bordering states have fresh pursuit acts. Must be chasing a fleeing _____.
FLEEING FELON
Are Fresh Pursuit Acts applicable to misdemeanor violations? NO!
However, the Interstate Mutual Assistance Agreement allows officers to act within ______ statue miles of the state border.
Within 50 statute miles
Officers should not pursue beyond the 50 miles limit UNLESS subject’s driving is EXTREME hazard to public. (DUI/Reckless)
Out of state enforcement stops allowed?
NO! Prohibited. Not authorized.
Unless safety hazard and enforcement is necessary. Driver SHOULD NOT be cited at scene.
Out of state investigative follows up:
Fresh pursuit act does extend to felony investigations.
However, felony follow up should not exceed _____ statute miles from border without supervisor approval.
50 statute miles
Misdemeanor follow up within 50 miles
Felony follow up anywhere - with supervisor approval
Misdemeanor follow up out of state:
CHP has authority to conduct ______ out of state misdemeanor investigative follow up. However, this agreement is only applicable within ____ statute miles.
TIMELY follow up.
(DUI follow up within hours)
Within 50 statute miles
Force blood draws:
Oregon?
Nevada?
Arizona?
Oregon PROHIBITS forced blood draw
Nevada permits it
Arizona doesn’t authorize “forced blood draw” but does permit evidential use of samples drawn for medical purposes
Exclusive Federal Jurisdiction:
State officers have ____ federal powers here.
Only relates to property acquired before 1940 (national park)
NO federal power to enforce laws.
But may protect property when requested.
Partial Jurisdiction:
Federal government exercises SOME authority here. State only has power of ________ here.
For day to day law enforcement activities, NO difference between Partial and EXLUSIVE
Taxation
CHP - Can’t enforce anything in ___________ federal jurisdiction or ___________ federal jurisdiction areas.
Exclusive Federal Jurisdiction or
Partical Federal Jurisdiction
Concurrent Jurisdiction:
Do state officers have any jurisdiction here?
Can CHP cite for any federal violations here?
Yes, some jurisdiction.
CHP can write tickets, collision reports, warrants, DUI and other arrests.
However, CHP CANNOT cite for federal law violations.
All national forests fall within there classification of ___________ jurisdiction.
Concurrent Jurisdiction
Proprietary Jurisdiction:
CHP offers what in these jurisdictions?
Full range of CHP services.
On Indian Reservations, CHP has ___________ jurisdiction.
Proprietary jurisdiction. (CHP only enforces criminal matters (infractions, misdemeanors and felonies)
Feds can only enforce federal crimes here.
Can CHP address CIVIL matters on Indian Reservations?
NO
Cannot cite for parking violations, can’t enforce Admin Per Se driver license laws or zero-tolerance minor DUI laws, etc
Can CHP enforce infraction violations when committed by tribal members on ANOTHER TRIBE’S reservation, or by NON-INDIANS?
Yes
So, can’t enforce infractions with Indians on their own reservation.
SHALL NOT enforce hunting and fishing laws on Indian Reservations, UNLESS it’s in regards to who?
Non-native Americans
A __________ is anyone who is NOT a citizen of the US.
Foreign national.
A person with dual citizenship is not a foreign national
Officers should take appropriate enforcement action for all violations observed, regardless of claims of diplomatic immunity alleged by the violator.
HOWEVER, person shall not be subjected to IN-CUSTODY arrest when:
- The person claims diplomatic / consular immunity or its suspected by officer
AND: - _________________________________
- The officer has VERIFIED or REASONABLY SUSPECTS the claim of immunity is valid.
Diplomatic agents (ambassadors, UN representatives) are afforded the lowest / highest levels of immunity?
Do family members get same immunities ???
HIGHEST
Exempt from arrest/detention and immune from all criminal prosecution.
YES, family members have same immunities.
Consular officers (ranking members of consular posts who act on behalf of their government) are immune from arrest or detention - but not from a felony warrant. HOWEVER, they are only immune from criminal / civil prosecution arising from OFFICIAL acts.
Are family members of consular officers generally immune as well?
Consular Family members NOT immune
Do consular service staff (cooks, chauffeurs, housekeepers) have immunity?
NO
Both consular staff and employees may be arrested and detained.
Do honorary consuls have immunity? (Part-time employees of the country they represent)
Limited immunity. May be arrested and detained. No immunity for family members.
ALL diplomatic and consular personnel who are entitled to immunity are registered with the DOS (Dept of State) and are issued ________________
Identification cards. Photo and brief description of their immunity status. They MIGHT not have them on their person.
They should also have a driver license issued to them by the DOS Motor Vehicle Office.
Vehicle registration : Registered with DOS and have red white and blue plates with words “diplomat” or “consul.”
Their immunity status should not be presumed just from the license plate.
x
Is the issuance of a citation considered an arrest or detention under DOS guidelines?
NO
Enforcement document shall be issued at scene for all violations observed, regardless of violator’s immunity status.
When giving an immunity claimant a ticket, what should officer do?
- ID documents should be requested
- Record the Title/Country on back of 215 (officers copy)
- VERIFIED DIPLOMATIC AGENTS shall be asked to sign the 215 (some diplomatic agents aren’t required to sign 215. Write “Refused” in box and let them go)
- Verified consular STAFF, are obligated to sign
Diplomatic agents and consular officers are immune from ____________________ (unless they have NO identification and the detention is to verify their status)
Detention and arrest.
Proper ID of immunity claimant is imperative in potential in-custody situations
A person who is placed under arrest and claims diplomatic immunity or consular immunity SHALL or SHALL NOT be physically restrained before verification of the claim (unless it’s necessary for officer safety)
SHALL NOT be restrained prior to verification
In Custody Arrest of diplomatic or consular officers :
A Supervisor SHALL or SHOULD be promptly notified and SHALL or SHOULD respond to the scene when possible.
SHALL be notified.
SHOULD respond to scene.
If diplomatic or consular officer is DUI:
FST’s, PAS and chemical tests should be offered / obtained when possible, but can’t be compelled!
Shall not let them drive. A supervisor’s approval for release SHOULD or SHALL be obtained when possible.
Shall be obtained.
And alternative transportation should be arranged.
Can vehicles owned by subjects with full immunity be searched, stored or impounded without owner’s permission?
NO
Unless it’s stolen.
Photocopy of 215, 216 or 202 involving identified diplomat or immunity claimant SHALL be sent via email with 48 hours to __________________
ACF - Assistant Commissioner - Field
Can CHP officers arrest or detain foreign nationals solely for alleged illegal presence in the US / immigration ?
NO
Only enforceable by federal officers
Embassy Notification - When an officer arrests or detains someone for criminal investigation and it’s believed they are a foreign national, the officer SHALL attempt to determine their citizenship.
This procedure applies to in custody arrests and detentions EXCEEDING ______ HOURS
They are entitled to have their country’s consular representative in the US notified of the arrest. They have right to communicate with an official from embassy / consulate
Exceeding 2 hours
“Do you want to notify and communicate with a consulate or embassy official?
