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
Officers _____ ____ stop a vehicle for the sole purpose of enforcing provisions of the graduated provisional license
shall not
Officers involved in _____ _____ enforcement actions shall, as soon as practical, notify their ______ of involvement.
off-duty, commmand
Officers shall document all off-duty incidents as ____ ___ ___ and departmental policy, due to potential for civil liability, ________ should ensure that proper documentation is retained at the area level.
required by law, commanders
Officers shall arrange for a _____ _____ whenever a prisoner appears to be in need of or requests medical attention, regardless of _________
medical attention, outward symptoms of illness or injury
When a prisoner requests or is provided medical attention, arrest reports should include at a minimum the following 4 items of information
- nature of illness or injury
- name of attending Dr. and their recommendations
- whether jail personnel were requested to arrange for the medical care
- time elements, symptoms, requests for aid by the prisoner, and details of the transportation and treatment when pertinent
Officers shall inspect the speedometer calibration chart of the enforcement vehicle they are operation and ensure that the speedometer is in conformance with speedometer ______ requirements set forth by HPM 31.1. Fleet operation manual.
accuracy/calibration
Violators exceeding an absolute speed limit _____ be cite under the ______ _____ ______. However, if a safe speed significantly lower than the absolute speed limit can be established, a violator may be cited for ______ ____ _____.
should, appropriate vehicle code section, basic speed law
While pacing from the front, Officers shall not _____ ____ the prima facie or absolute speed limit to determine the actual speed of vehicle to rear
accelerate above
Computed Average Speed using vehicle odometer, stopwatch, and a calculator is _____
prohibited
The basic speed law, 22350 VC ____ be used when drivers are charged with the following two things:
shall,
- exceeding prima facie speed limits
- exceeding safe speed limits
Prima facie enforcement actions shall be guided by the following three guidelines:
- at 10 MPH or more above, shall stop and should issue a CHP 215
- a 5 MPH or move above, should stop and take appropriate action
- 1 to 4 MPH above, may stop and take appropriate action
Absolute speed enforcement actions shall be guided by the following two guidelines:
- 5 MPH or more above, shall stop and should issue CHP 215
2. 1 to 4 MPH above, may stop and take an appropriate enforcement action
Slowing moving vehicle enforcement shall be guided by the following three guidelines:
- 10 MPH or more below normal speed of traffic, shall stop and should issue CHP 215
- 5 to 9 MPH below normal speed of traffic, should stop and take an appropriate enforcement action
- 1 to 4 MPH below the normal speed of traffic, may stop and take an appropriate enforcement action
Deployment of SMPV’s shall be focused upon, roadway with an identified high incidence of fatal and/or injury collisions regardless of vehicle type, ______________, and roadways identified by the command warranting supplemental enforcement.
roadways where traditional strategies have been ineffective in gaining compliance
SMPV’s ____ be operated for enforcement/patrol by uniform personnel wearing the ____ ___ except ______
shall, official uniform (tans), for officers who have received level 1 commercial training may wear the utility uniform
____ shall determine the degree of beat accountability assigned to SMPV personnel
Area commander
Personnel operating SMPV’s shall enter ____ in the “Special” box on CHP 215
66
For SMPV reporting, code “66” has been designated for use on _______ and _________.
CHP 215 and CHP 415 daily field record
The ________ must approve the use of unmarked vehicles for the apprehension of violators of 23109 VC speed contest
Office of the Commissioner
Only ______ or _______ circumstances that make normal enforcement procedure impractical will constitute a basis for the use of unmarked vehicle for the apprehension of violators of 23109 speed contest
aggravated or geographical
drivers who stop on freeways to assist stranded motorists normally should ___________
not be issued a citation
Emergency incident zone is within _____ feet of, and in the direction of travel of, a stationary authorized emergency vehicle that has its emergency lights activated, defined by 21706.5 VC
500
Section 21809 VC was added stating that anyone driving on a freeway approaching a stationary emergency vehicle w/emergency lights or tow truck with ambers shall __________
make a lane change if practicable
or
slow to a reasonable and prudent speed that is safe for conditions
Section 21809 may be cited if _________, and an officer shall not park ________ for the sole purpose of _____
appropriate to leave the emergency incident zone, shoulder, enforcing this section
Uniformed employees are to offer all reasonable assistance to drivers of private vehicles who are transporting ill or ______ persons. Reasonable assistance can include the following three actions:
injured,
- providing immediate first aid treatment
- summoning an ambulance
- providing emergency transportation
note: P/V’s should only be used in lieu of an ambulance in emergencies wherein time is of the utmost importance and where the patient does not object to transportation, Officer is not liable for damage or cost resulting in act
Enforcement action against drivers transporting ill/injured is to be taken in accordance with these three procedures:
- verbal warning will usually accomplish our purpose, allow to proceed if no assistance desired
- arrests for misdemeanors or infractions should normally be when there is willful or wanton disregard for the safety of persons or property, quickly obtain info, allow to proceed and complaint to filed
- If driver is DUI or poor physical or emotional state that a hazard to public would exist, detain driver and accept direct responsibility for the emergency transportation and care of the ill or injured party. May then resolve the violation in accordance with policy
Officer observes vehicle traveling in HOV lanes not meeting occupancy requirements ______ cite section 21655.5VC
shall
Officer observes clean air vehicle traveling in HOV lanes not displaying the appropriate stickers ______ cite section ______
shall, 21655.9 VC
_____ are allowed to ride in the HOV lanes or metered ramp bypass lanes unless __________
motorcycle operators, official traffic control devices prohibiting the use of the lanes by motorcycles
Yellow “Access OK California Clean Air Vehicle” decals was _____ on July 1, 2011
repealed
Green “Access OK California Clean Air Vehicle” decals are currently ______
authorized for vehicles in HOV regardless of number of occupants
Section 21058 VC, vehicles owned and driven by Physicians provides exemption from sections ______, and ______ for physicians when the vehicle displays the approved insigne and traveling in response to an emergency.
22351 VC Speed Law and 22352 VC Prima-Facie speed limits
A vehicle owned and driven by a physician to an emergency displaying the approved insigne _______ ________ provide for exemption from Sections 22348(a), 22348(b), or 22356(b) VC Maximum Speed Limits or other rules such as driving on shoulder or unsafe passing
does not
Officer should use ____ ______ _____ when dealing with physicians driving to an emergency displaying the approved insigne
sound professional judgment
Departmental personnel ____ assist Caltrans in the ____ ____ ____ and regulations governing the use of rest areas and vista points as provided in Section 225 and 225.5 of the ____ ___ ___ Code.
shall, enforcement of rules, Streets and Highway
225.5 SHC states the following three:
- No person shall sell, or vend any merchandise, foodstuff or service within any vista point or rest area
- No person shall solicit money within any vista point or rest area for any purpose
- a person’s property or their activity shall not create a safety problem or nuisance either on or near a safety roadside rest or vista point
On April 1, 1994, Caltrans terminated all provisions that had previously allowed _____ and _____ ___ ___ to distribute merchandise, foodstuff, and beverages in vista points and rest areas
nonprofit, public service organizations
____ will coordinate enforcement of rest area and vista point regulations
Caltrans
Section 27803 VC Safety Helmet Law ____ apply to all persons whether they are ____ or ____ on a motorcycle or motorized bicycle operated on a highway, including _____
shall, operator or passenger, side car passenger
Officers shall not attempt to _______ if a helmet is within compliance of FMVSS 218, additionally officers ____ ___ seize any _____ as evidence to prove the determination that the helmet does not meet the DOT standards
determine, shall not, helmet
Enforcement of 27803 VC ____ focus on the following two items:
shall
- motorcyclists not wearing a helmet
- motorcyclists wearing helmets which are obviously not motorcycle helmets, such as styrofoam bicycle helmets or football helmets
A _______ is any two-wheeled device that has handlebars, has floorboard that is designed to be stood upon when riding, and is powered by an electric motor. It may also have a driver seat that does not interfere with the ability of the rider to stand and ride and may also be designed to be powered by human propulsion.
Motorized scooter
Note: may also be powered by other than electric power
A rider of a motorized scooter is required to have
Class C driver’s license or driver permit
T/F: Officers may stop a vehicle to determine whether or not a violations of 27315 VC exists without the existence of any other violation of law.
True
also true for child restraint sections 27360, 27360.5
It is the Departments ______ to enhance motorist safety by encouraging greater use of occupant restraints through aggressive enforcement, therefore, officers ___ ____ ____ ____ for all observed violations of sections 27360 or 27360.5 VC
intent, shall take appropriate enforcement action
Effective Jan 1, 2012, Section 27363 provides that a child or ward who is under the age of ____ and is ____ feet ____ inches in height or taller may use safety belt rather than a child passenger restraint system
eight, four, nine
____ or ____ ___ issued for violations of Sections 27360(a) or 27360.5(a) VC ____ be issued to parent/legal guardian when they are _______.
citations or verbal warnings, shall, present with the vehicle
____ or ____ ___ issued for violations of Sections 27360(b) or 27360.5(b) VC ____ be issued to the _____ if the parent/legal guardian is not present in the vehicle
citations or verbal warnings, shall, driver
A ______ should be issued to parent or legal guardian for a violation of ______ VC, when present in a passenger vehicle occupied by his/her child less than 8 years of age who is not properly secured in a child passenger restraint system
CHP 215 Notice to Appear, 27360(a)
A _____ ____ for 27360(a) VC, when reasonable doubt exists regarding the following four items:
verbal warning
- age of child
- weight of child
- approved nature of child restraint system device
- method of installations and securement of the device
An Officer shall not provide _______ for the _____ of a child restraint system device unless ______
directions, installation, trained
Section 16020(a) VC requires ____
driver’s and owner’s of a motor vehicle be able to establish financial responsibility and shall carry in the vehicle evidence of that FR
Officers ____ take ___ ___ ___ against any driver failing to comply with financial responsibilities laws. Sections ____ and _____ are the primary enforcement sections.
shall, appropriate enforcement action, 16028(a) and 16028(b) VC
Officers ___ request written financial responsibility information from the driver of a vehicle whenever a CHP 215 is issued exception violations relating to stopping, standing, or parking or for violation of a ____ _____.
shall, local ordinance
If an officer issues a verbal warning or issues a CHP 281 the officer ____ issue a CHP 215 for Section 16028(a) VC. However, mechanical violations may be charged on a ______ instead of CHP 281 at which time a violation of Section 16028(a) VC maybe _____
shall not, CHP 215, included
Officer’s ____ request written evidence of ____ ___ from all driver’s involved in a traffic collision; if the driver fails to provide the officer ____ issue _____ or request a _____ for violation. Officer _____ ___ request financial responsibility information and _____ ____ issue a _____ nor request a complaint in an involved party is not a driver
shall, financial responsibility, shall, CHP 215, complaint, should not, shall not, CHP 215
If a driver requires hospitalization as result of a T/C, officers ____ request FR information when the driver’s statement is taken. If the driver is unable to show proof the circumstances should be reviewed with the DA’s office for a possible complaint. “Requested evidence of FR at (place) and (time) but subject unable to provide” should be included on the ________
should, CHP 555
Sections 16028(a) and 16028(c) VC are not subject to the provisions of section 40610(b) VC, violations of these sections ___ be cleared directly with the ____ and not by ____ _____.
shall, court, departmental personnel
Violations of Section 16030(a) VC, providing false evidence of FR, shall only be charged through the ___ ___
complaint process
Officers ___ ____ require drivers to produce any of the following four things to establish proof of FR
shall not
- effective date of coverage
- date of expiration
- copy of the insurance covering note
- license or VIN of the vehicle(s) covered by the policy
Officers ____ accept expired insurance cards if the driver _________.
shall, indicates that the policy is still in effect and the card contains the name of the insurance company and the policy number
Officer ___ accept any evidence of FR as long as it is presented to the office in some sort of written form including ________.
shall, information written on a plain piece of paper
Section 23123 VC makes it unlawful to use a hand-held cell phone while driving except in the following three circumstances:
- emergency calls
- emergency service professional while operating an emergency vehicle in the course and scope of duties
- driving on private property
A person shall not be deemed to be writing, reading, or sending text-based communication if the person reads, selects, or enters a ____ ____ or ___ in the device for the purpose of making or receiving a hands free call.
telephone number or name
Section 23124 VC prohibits persons ________ to use a wireless device either ______ or ______ while operating a vehicle
under 18, hand held or hands free
