HPM 100.68 Flashcards
Supervisory personnel are responsible for instilling a _____ and ______ to prevent collisions on his/her beat
lasting personal interest
sense of individual obligation
Supervisors can accomplish beat accountability in the following three ways
- Identifying their strengths and weaknesses
- Establishing methods for increasing individual effectiveness
- Personally providing high-quality leadership and expert direction
Policy of the CHP that officers shall not conduct ______ ___ ____ for the primary purpose of drug interdiction in the absence of probably cause or reasonable suspicion.
Traffic enforcement stops
The primary purpose of the CHP is _____ ____ and officers should enforce the Vehicle Code with the goal of ensuring and maximizing the safety of the motorists.
traffic safety
After a traffic stop has been made, officers ____ not extend the stop beyond the time necessary to ______ the ____ _____ unless there is reasonable suspicion or probable cause of criminal activity
shall, address, traffic violation
Officers _____ take appropriate enforcement action for all violations of the law witnessed. Recognize that there will be times your officers will be unable to take action on a violation observed due to ______, _____ or _____
should, traffic congestion, officer safety, or other considerations
All actions by uniformed personnel ___ be accomplished in a businesslike, firm, ______, _____ and _____ manner
shall, impartial, courteous, consistent
A CHP 215 _____ normally charge a ____, major, hazardous violation observed during the continuing movement prior to the enforcement stop
should, single
Officers are encouraged to _____ the ____ in accordance with HPG 83.2 if over three years old and not on congested freeways
inspect the vehicle
Officers ____ remain on their ___ _____ and in public view all times, whether observing _____ ____ or _____ ____.
shall, assigned beats, motorist behavior or writing reports
_____ on freeway ramps for purpose of ____ ____ ____ is normally ____
parking, observing motorist behavior, prohibited
Area commander ____ direct the use of off-street observation for ____ _____ for the purpose of reducing a specific condition which has not responded to visible enforcement
may, limited periods
Officers monitoring traffic from the side of the roadway ____ not use the technique of _____ on the wrong side of the ______ facing oncoming traffic.
Shall, parking, highway
Parking in the center divider is ______ and requires _____ approval
discourage, division
Officers ____ ____ face the wrong direction while monitoring traffic from the center median.
Shall not
Officers shall _____ ____, continuous patrol of their assigned beats.
maintain reasonable
Officers ____ _____ _____ all felony violators as prescribed by law.
shall physically arrest
Arrested person has right per 851.5 PC to make at least ____ completed phone calls immediately upon being booked, and , except where physically impossible, no later than ____ hours after arrest.
Three, Three
Officers ____ ____ ____ all violators meeting the conditions described in Section 40302 VC; a complaint may be filed but the officer ____ coordinate the violator release with _____ whenever one is available.
should physically arrest, shall, supervisor
Refusal to sign ____ be afforded every opportunity permitted by law to sign the CHP 215 and, thereby, ___ release from _____.
Shall, Securing Custody
When a violator refuses to sign the CHP 215, the arresting officer:
- Shall direct the violator’s attention to intro statement “without admitting guilt…..”
- Should carefully explain that signing has same effect as cash bail.
3.Shall notify supervisor if it appears physical arrest will be necessary. Supervisor shall respond. - Violator shall be taken w/o necessary delay to magistrate, or if after court hours to jail.
Note: can still sign for release prior to beginning of booking has begun, after that is in jailer’s custody
If refusal reconsiders the following transportation services should be afforded:
- transported to their vehicle or original place of arrest
- when unavailable violator should be left a safe location
- violators shall not be left at any location which would cause them a reasonably avoidable hardship in resuming normal activities or place them in foreseeable peril
Officers ____ cite and release violators for misdemeanors listed in Sections 40303 and 40304 VC; physical arrest ____ only be made when the officer has reasonable cause to believe that ___ of the following four conditions exists:
Should, should, one
- Violator will not be available for due process of law
- Continued liberty of violator present a danger to themselves or others
- Suspected of violating Section 2813 VC - refusal to submit to inspection of size, weight, or equipment
- Suspected of violating Section 21200.5 Bike DUI, or 21221.5 scooter DUI
Section 40502(d) VC provide that for arrests of _____, the place of appearance specified on the CHP 215 ____ be “before the juvenile court, a juvenile court referee, or a juvenile traffic hearing officer within the ______ in which the offense charge is alleged to have been committed.
juveniles, shall, county
Section 602 of the ____ ___ ____ Code provides that any person who is under the age of ___ years when they violate any law is within the _____ of the juvenile court
Welfare and Institutions, 18, jurisdiction
Custody of Minors ____ be handled in the manner which ____ ____ the minor’s freedom of movement.
Shall, least restricts
Sections 626 and 626.5 WIC provide that an officer may do four of the following with a minor when taken into custody:
- Release minor
- Deliver or refer to a public or private agency that is contracted to provide shelter, care, counseling, or diversion
- Prepare CHP 215
- Take without necessary delay (24 hours or less) before the probation officer of the county in which minor was taken into custody
627 WIC provides that an officer taking a minor before a probation officer or to a place of confinement ____ take _____ _____ to notify a _____. This section also provides that the minor has the right to make ___ telephone calls which should be within ____ hour(s) of taken into custody unless physically impossible
shall, immediate steps, relative, 2, one
When a minor makes one of their two phone calls the calls must be made in the presence of an _____ or ____.
officer or employee
Section 207.1 WIC provides that no ____ ___ shall knowingly _____ a ____ in a jail or lock up for adults
peace officer, detain a minor
Exceptions to 207.1 WIC (no minor in adult facility) if three criterias have been met:
- minor is 14 years or older
- minor is taken into temporary custody having violated a criminal law
- arresting peace officer has reasonable belief that the minor present a “serious security risk of harm to self or others”
If a minor is locked in a room or cell the following six conditions must be met:
- May not be detained longer that six hours
- Must be for purpose of giving officer time to investigate case, facilitate release or arrange transfer
- Must be separated from adults
- Must be told how long the incarceration can last
- Must be adequately supervised
- Department must keep a written record explaining the need and length of the secured detention
Minor taken into custody for violation of criminal law under 14 years or not believed to be security risk may be kept in temp custody at a law enforcement facility if:
custody is nonsecure
supervised with no contact with in-custody adults
final disposition must take place within 6 hours
Officers _____ subject to the discretionary power vested in them and ____ custody of persons arrested by ____ ____.
shall, accept, private persons
When requested to accept custody of a person arrested by a person without peace officer authority, the officer ____ ensure that the ___ ____ has made the ____ in accordance with the procedures provided by law.
Shall, arresting party, arrest
When private party arrest is for offense not requiring a mandatory appearance the _____ _____ should be ____ ___. Then be _____ and released. Enter ___ ___ __ in special box and record ______ ____ in the ____ ____.
arrested party, satisfactorily identified, cited, private person’s arrest, arresting party, witness secton
There is no requirement for the officer accepting custody of a person arrested by a private citizen to determine ______ ______ for the arrest (Kinney v Co. of Contra Costa)
probable cause
If an officer becomes aware of the facts of the private person arrest and determines there are insufficient grounds for making a criminal complaint against the person arrested, the ____ ____ should be released per _______
arrested person, 849(b)(1) PC
Note: issue CHP 103, cert of release from custody and write memo to Area of circumstances
When a person is arrested and released pursuant 849(b)(1) PC and no accusatory pleading is filed charging offense a ____ is issued by the _____.
CHP 103, supervisor
Note: Officer may issue if supervisor is not available, while on duty supervisors shall be responsible for having CHP 103 in possession
In instances where the Department no longer has physical control of an arrested person to be released from custody without being charged with an offense, the _____ ___ shall ensure a _____ be issued by _________ or _________.
Area commander, CHP 103,
coordinating with the jail facility or by assigning an officer to complete and give to person arrested
or
if OR’d or bailed out a CHP 103 is completed and mailed to person arrested.
Note: duplicate required, one for person arrested one for Area file.
Officers ____ not detain or arrest a person solely on the belief that the person is an unlicensed driver unless the officer has ___________.
shall, reasonable cause to believe that the person is under 16 years of age
During the first 12 months after issued a provisional D/L anyone under 18 must be accompanied and supervised by parent/guardian, a licensed driver 25 or older or _______ between 11pm and 5am or when transporting _____
certified driving instructor, passengers under 20
Exceptions to the under 18 provisional restrictions are that the minor must carry a noted signed by Dr., School, employer, parent/guardian explaining the reason why the minor must drive included with a date when the necessity will end. The five acceptable reasons are:
- medical necessity
- school or school authorized activity
- employment necessity
- immediate need of family member
- Emancipated minor
