HPM 100.67 LE Assistance Flashcards

1
Q

__________ currently excludes police strikes from the definition of a labor controversy. The Attorney General’s office indicates that any departmental assistance or service rendered during a police strike would constitute mutual aid.

A

Case law

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2
Q

T or F

Forced Blood Withdrawal. Statutes of one state have force in another state

A

False - no

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3
Q

The Fresh Pursuit Acts are not applicable to ___________ violations, 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.

A

misdemeanor

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4
Q

Vehicles.

Can vehicles which are owned by subjects with full immunity be searched?

A

No - may not be searched, stored, or impounded without the owner’s permission. (Such permission may be assumed if the vehicle has been stolen.)

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5
Q

T or F

National Nuclear Security Administration vehicles are exempt from

enforcement action

A

False - not exempt

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6
Q

requests for supplemental law enforcement assistance should follow the steps of the ____________

A

mutual aid process

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7
Q

Officers should or shall not pursue beyond the 50 statute mile limit unless the subject’s driving presents an extreme hazard to the public (i.e., DUI, reckless).

A

should

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8
Q

If the foreign national claims citizenship, or is suspected of being a citizen, officers shall or should notify the consulate or embassy of the arrest or detention even if the arrestee/detainee requests no contact.

A

Shall

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9
Q

Indian Reservations and Rancherias.

federally recognized Indian reservations and rancherias are to be considered

_________ jurisdiction with respect to criminal matters, and the CHP

will take appropriate enforcement action with respect to felonies,

misdemeanors, and infractions occurring under any California statute.

Exceptions:

A

proprietary

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10
Q

uniformed personnel ______ provide supplemental law enforcement assistance when approved by the Governor

A

may

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11
Q

What are the four levels of immunity?

A

Diplomatic Agents

Consular Officers

Consular Employees and Service Staff

Honorary Consuls

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12
Q

Commanders and designated supervisors ________accept missions from the responsible local authorities.

shall, should or may

A

may

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13
Q

The _____________of other states and the _______________ Agreements confer limited power to CHP officers acting outside the borders of California under certain circumstances.

A

Fresh Pursuit Acts/Interstate Mutual Assistance

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14
Q

uniformed personnel may provide supplemental law enforcement assistance when approved by the ________.

A

Governor

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15
Q

Suspect’s Return to California - Extradition. 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) - What are the two?

A

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

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16
Q

All assistance rendered voluntarily or in response to a request shall be limited to that area within _____ statute miles.

A

50

17
Q

California Highway Patrol response will be limited to _______or __________situations.

A

life-saving or property-protection

18
Q

The CHP can be utilized at any response level and _____ be used to assist local law enforcement for firefighter protection, or other appropriate missions, even prior to a request for other mutual aid.

A

may

19
Q

Emergency Traffic Assistance.

The ____________on duty shall 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.

A

senior ranking officer

20
Q

Are family members of consular officers immune from arrest?

A

generally do not have immunity.

21
Q

What are the four types of federal jurisdiction?

A
  1. Exclusive - CHP has no power
  2. Partial Jurisdiction - feds excersie most authority, state has some
  3. Concurrent Jurisdiction - Fed, State and Local have same authority
  4. Proprietary - Feds have no jurisdiction. CHP provides full range of services
22
Q

if an individual is detained for more than ____ hour in some

other facility, it is the officer’s responsibility to facilitate communication.

A

two

23
Q

ARREST OR DETENTION OF FOREIGN NATIONALS WHO CLAIM DIPLOMATIC

OR CONSULAR IMMUNITY.

a. Policy. 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:

A

(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.

24
Q

What are the four levels of increasing responsibility and activation?

A

local (cities), operational areas (counties), regional (two or more counties), and state.

25
Q

Mutual Aid Support.

Upon receipt of a request from the regional or operational area coordinator, or designee to provide mutual aid support, the appropriate __________shall be notified.

A

commander

26
Q

T or F

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.

A

True

27
Q

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. Are their family members also immune?

A

yes

28
Q

Exclusive or Partial Jurisdiction.

Area commands will routinely patrol and take enforcement action

on any highway within an exclusive- or partial-jurisdiction property.

A

False - will neither patrol nor take enforcement action

29
Q

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

A

shall

30
Q

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

A

Commissioner

31
Q

In-custody arrests - A supervisor shall be promptly notified and ______ respond to the

scene whenever possible.

A

should

32
Q

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.

A

may

33
Q

T or F

Dual Prosecution - If an individual is “convicted or acquitted” out-of-state, no charges should be filed for the California violation.

A

True

34
Q

Enforcement Actions - When the violation presents an on-going safety hazard and “immediate law enforcement action” is necessary, officers _____ make an enforcement stop. Motorists stopped should not be cited at the scene. Officers should obtain sufficient identifying information upon which to file a complaint. If warranted, a complaint may be filed later through the appropriate California district attorney’s office.

should, shall or may

A

may

35
Q

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 or shall detain the suspect and request the appropriate law enforcement authorities investigate for a violation of their statutes.

A

should

36
Q

Except for”officer needs assistance” and “emergency traffic assistance” mutual aid, the CHP

will normally dedicate departmental resources directly to city requests prior to

the reasonable commitment of available county resources.

A

False - not normally