HPM 100.67 LE Assistance Flashcards
__________ 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.
Case law
T or F
Forced Blood Withdrawal. Statutes of one state have force in another state
False - no
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.
misdemeanor
Vehicles.
Can vehicles which are owned by subjects with full immunity be searched?
No - may not be searched, stored, or impounded without the owner’s permission. (Such permission may be assumed if the vehicle has been stolen.)
T or F
National Nuclear Security Administration vehicles are exempt from
enforcement action
False - not exempt
requests for supplemental law enforcement assistance should follow the steps of the ____________
mutual aid process
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).
should
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.
Shall
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:
proprietary
uniformed personnel ______ provide supplemental law enforcement assistance when approved by the Governor
may
What are the four levels of immunity?
Diplomatic Agents
Consular Officers
Consular Employees and Service Staff
Honorary Consuls
Commanders and designated supervisors ________accept missions from the responsible local authorities.
shall, should or may
may
The _____________of other states and the _______________ Agreements confer limited power to CHP officers acting outside the borders of California under certain circumstances.
Fresh Pursuit Acts/Interstate Mutual Assistance
uniformed personnel may provide supplemental law enforcement assistance when approved by the ________.
Governor
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 suspect not in-custody may voluntarily return and an in-custody suspect may be returned consistent with the asylum state’s “Extradition Acts”
All assistance rendered voluntarily or in response to a request shall be limited to that area within _____ statute miles.
50
California Highway Patrol response will be limited to _______or __________situations.
life-saving or property-protection
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.
may
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.
senior ranking officer
Are family members of consular officers immune from arrest?
generally do not have immunity.
What are the four types of federal jurisdiction?
- Exclusive - CHP has no power
- Partial Jurisdiction - feds excersie most authority, state has some
- Concurrent Jurisdiction - Fed, State and Local have same authority
- Proprietary - Feds have no jurisdiction. CHP provides full range of services
if an individual is detained for more than ____ hour in some
other facility, it is the officer’s responsibility to facilitate communication.
two
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:
(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.
What are the four levels of increasing responsibility and activation?
local (cities), operational areas (counties), regional (two or more counties), and state.
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.
commander
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.
True
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?
yes
Exclusive or Partial Jurisdiction.
Area commands will routinely patrol and take enforcement action
on any highway within an exclusive- or partial-jurisdiction property.
False - will neither patrol nor take enforcement action
Departmental personnel committed to the support of local authorities ______ remain under the command and control of the CHP.
shall
Approval of the ___________or their designee is required before committing CHP resources in response to a request for mutual aid.
Commissioner
In-custody arrests - A supervisor shall be promptly notified and ______ respond to the
scene whenever possible.
should
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.
may
T or F
Dual Prosecution - If an individual is “convicted or acquitted” out-of-state, no charges should be filed for the California violation.
True
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
may
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.
should
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.
False - not normally
