HPM 100.68 Traffic Enforcement Policy Manual

Question 1

The department’s enforcement efforts must be consistent with the organizational values of:

Answer 1

respect for others, fairness, ethical practices and equitable treatment for all

Question 2

Section 13519.4(e) of the Penal Code, and Government Code Section 12525.5 identify what?

Answer 2

Racial or Identity profiling.

Question 3

Per Section 13519.4(e) of the Penal Code, and Government Code Section 12525.5, racial or identity profiling is “the consideration of, or reliance on, to any degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a stop or in deciding upon the scope or substance of law enforcement activities following a stop, except that an officer may consider or rely on characteristics listed in a specific suspect description. The activities include, but are not limited to:

Answer 3

traffic or pedestrian stops, or actions during a stop, such as asking questions, frisks, consensual and nonconsensual searches of a person or any property, seizing any property, removing vehicle occupants during a traffic stop, issuing a citation, and making an arrest.”

Question 4

Officers ______ may/ should/ shall not engage in racial or identity profiling or discrimination of any kind. Racial or identity profiling and discrimination of any kind are prohibited by the Department and will not be tolerated.

Answer 4

Shall

Question 5

Enforcement stops shall not be conducted for the primary purpose of drug interdiction in the absence of ________ or ______ to believe the motorist or an occupant of the vehicle is involved in illegal drug-related activity.

Answer 5

probable cause or reasonable suspicion

Question 6

Officers _____ may/ should/ shall not stop individuals for the primary purpose of drug interdiction unless they have probable cause or reasonable suspicion of drug related activity. Officers must have specific and articulable facts to support their determination; a mere suspicion or “hunch” in not sufficient.

Answer 6

Shall

Question 7

The duration of the enforcement stop shall not extend beyond the time necessary to __________ unless there is probable cause or reasonable suspicion of criminal activity.

Answer 7

address the traffic violation

Question 8

Enforcement should be directed toward _____ and _____causing violations, with an emphasis on quality enforcement, rather than quantity alone.

Answer 8

collision and congestion

Question 9

A CHP 215 should normally charge a _________ observed during the continuing movement immediately prior to the enforcement action.

Answer 9

single, major, hazardous violation

Question 10

Additional charges are permitted on the 215, which are not connected to the major violation charged, such as:

Answer 10

Open container violations or marijuana

Question 11

A 281 is normally used to cite for VC violations of a correctable nature, where there is no _____, no immediate safety hazard, and the violator promises to promptly correct the violation.

Answer 11

persistent neglect

Question 12

A CHP 214 _____ may/ should/ shall not be issued in lieu of a CHP 215/281 for a mechanical violation which meets criteria listed in 40610(b) CVC.

Answer 12

Shall

Question 13

Issuance of Verbal Warning- This procedure is used when a violation is observed but the officer is not _________regarding the elements or when their professional judgment deems such an action is proper.

Answer 13

certain of the accuracy of his/her observation

Question 14

After stopping a passenger vehicle or light-duty truck (pickup) for an observed violation, officers are encouraged to inspect the vehicle in accordance with HPG 83.2, Passenger and Light Duty Vehicles, to ensure compliance with equipment, driver license, and registration requirements. Inspections are conditioned by the following:

Answer 14

-Equipment inspections will be limited to vehicles over 3 years old and should not be done on congested freeways.
-Routine “under the hood” inspection of emission control devices will not be made by officers who do not possess the necessary technical expertise.

Question 15

In-View Patrol: Officers patrolling or writing reports in the field, shall remain on their ____ and ____at all times. Officers shall not create an appearance of concealment.

Answer 15

beat and in public view

Question 16

Monitoring traffic from the center median requires ____?

Answer 16

Division approval.

Question 17

Area Commanders ______ may/ should/ shall refrain from assigning officers to enforcing city/county ordinance. However, this doesn’t preclude officer from the responsibility of enforcing any valid city or county ordinance when they observe a violation incident to traffic law enforcement in the CHP’s jurisdiction.

Answer 17

Shall

Question 18

-Officers _____ may/ should/ shall physically arrest all felony violators as prescribed by law.
-Officers _____ may/ should/ shall physically arrest all (misdemeanor/infraction) violators meeting conditions in 40302 VC.

Answer 18

Shall
Should

Question 19

-Per Section 851.5 P.C.:
An arrested person has the right to make at least ____ completed phone calls immediately upon being booked, and, except where physically impossible, no later than three hours after the arrest.
-If upon questioning, as arrestee is identified as a custodial parent with responsibility for a minor child, the arrestee shall be entitled to make ______ additional calls for the purpose of arranging for the care of the minor child or children in the parents absence. These phone calls shall be given immediately upon request, or as soon as practicable.

Answer 19

three

two

Question 20

Refusals to Sign CHP 215, Notice to Appear. Persons taken into custody per 40302(b) VC shall be afforded every opportunity permitted by law to sign and be released. If the violator still refuses to sign:
_____ direct the violator’s attention to the introductory statement over the signature box, saying, “Without admitting guilt, I promise to appear at the time and place designated below.”
______ explain that signing is the same as “Cash Bail,” which is required for release if taken before a magistrate or to jail.

Answer 20

Shall

Should

Question 21

If refusal to sign 215 persists and an arrest is imminent, the on-duty supervisor _____ may/ should/ shall be notified and _____may/ should/ shall determine appropriate action and respond to the scene as necessary.

Answer 21

Shall

Shall

Question 22

The final measure will be to take the violator forthwith before a magistrate or to jail (if after court hours). If at any time during the course of transportation the violator requests to sign the citation, he/she shall be permitted to. Once booking has started, they are in the jailer’s custody and ____ can/ cannot be released by the arresting officer.

Answer 22

Cannot

Question 23

602 W&I - provides any person under the age of 18 at the time of the violation of any law (in the United States) is within jurisdiction of the _____court.

Answer 23

juvenile

Question 24

626 & 626.5 W&I - Custody shall be handled in a manner which least restricts the minor’s ________, provided such disposition is compatible with the best interests of the minor and the community.

Answer 24

freedom of movement

Question 25

Sections 626 and 626.5 WIC provide that an officer may:

Answer 25

 Release the minor
 Deliver or refer to a public or private agency with which the city or county has an agreement to provide shelter, care, counseling, or diversion services.
 Prepare a CHP 215 for appearance before the probation officer of the county where the minor was taken into custody.
 Take the minor without unnecessary delay before the probation officer within 24 hours of arrest.
 The peace officer shall prepare a concise written statement of the probable cause and reasons for taking the minor into temporary custody. The officer shall provide the statement to the probation officer at the time the minor is delivered.

Question 26

Section 627 WIC provides that an officer taking a minor before a probation officer or to a place of confinement ____may/ should/ shall take immediate steps to notify a relative. A minor has the right to make _____ phone calls within one hour of being taken into custody, one of which may be to the following: Parent/guardian, responsible relative, employer, and the other to an attorney. Calls locally are at public expense and must be made in the ____ of an officer or employee.

Answer 26

Shall

two

presence

Question 27

Although 207.1 W&I provides that a minor may not be detained in an adult jail or lockup, an exception permits temporary detention of a minor in a police or a sheriff’s lockup, not a jail, if all of the following is met.

Answer 27

*14 years of age or older.
* The minor is taken into temporary custody for a criminal violation.
* Officer has reasonable belief the minor presents a serious security risk of harm to self or others.

Question 28

A minor meeting the criteria set forth in 207.1 W&I MAY be locked in a room or cell in the station, subject to the following conditions:

Answer 28

• Detention not longer than six hours. (longer than six hours must be taken to a juvenile facility)
• Temporary detention must be for purpose of giving the officer time to investigation the case, facilitate release of minor to parent/guardian, or arrange transfer to juvenile facility
• Must be separate from adults
• Must be informed how long the incarceration will last
• Must be adequately supervised.
• A written record must be kept on file explaining the need and length of the secure detention.

Question 29

A minor taken into custody for a violation of criminal law, who is under 14 years of age or is not believed to be a security risk, _____may/ should/ shall be kept in temporary custody at a law enforcement facility. The custody must be nonsecure (the minor is not locked in a cell or room), and the minor must be adequately supervised to ensure that there is no contact with in custody adults. Final disposition (as described in Sections 626 and 626.5 WIC) must take place within ___ hours.

Answer 29

May

Six

Question 30

Total secure and nonsecure detention time in a law enforcement facility may not exceed _____hours; but the minor MAY remain on the premises _____.

Answer 30

six

voluntarily

Question 31

Section 207.1 WIC permits: a peace officer to escort a minor arrested for suspicion of DUI into an adult detention facility for the purpose of administering an evaluation, test, or chemical test for alcohol or drugs, under what specified conditions?

Answer 31

they cannot be locked up within an adult detention facility,
is under continual supervision
have no contact with in-custody adults.

Question 32

Juvenile arrests for traffic infractions are handled in accordance with established _____ court procedures.

Answer 32

local

Question 33

Enforcement actions for misdemeanor violations not committed in the officer’s presence by a juvenile are to be initiated with the filing of an affidavit with the _____?

Answer 33

probation officer

Question 34

A CHP 215 ____ may/ should shall be issued or a complaint to be filed unless mandatory or discretionary provisions of 40302-40305 VC apply.

Answer 34

Shall

Question 35

True or False:
A minor’s refusal to sign the CHP 215, would bring him/her within the mandatory incarceration provisions of the VC

Answer 35

Ture

Question 36

In situations where departmental personnel have temporary custody of a minor for a criminal law violation which necessitates the administration of a chemical test or an investigation procedure within a jail or other law enforcement facility, the following guidelines and safeguards shall be followed:

Answer 36

When possible, buildings without a jail facility which provide chemical testing or investigative facilities should be used. A minor falling within the scope of Section 23612 VC, Implied Consent, must be given the choice of chemical test, unless a medical condition or treatment limits test choices.

Question 37

Departmental personnel shall ensure that the following procedures are followed regardless whether a jail or other law enforcement facility is used while in temporary custody of a minor:

Answer 37

o Arrested minors remain under constant supervision
o Minor shall not be locked in a cell or room within an adult detention facility
o Minors shall not have contact with in-custody adults.
o Minor’s presence in facility SHALL not be unnecessarily extended and SHALL be removed ASAP, no longer than 2 hours.
o Miranda warning must be provides after a custodial arrest and prior to an interogation. If no interrogation, shall advise the minor of his/her constitutional rights just prior to of the juvenile to a jail facility or a parent to comply with Section 625 WIC.

Question 38

627 W&I requires a reasonable effort to notify parent/guardian _____ may/ should/ shall be made regarding the minor’s arrest.

Answer 38

Shall

Question 39

The officer’s responsibility regarding an in custody minor has ended once?

Answer 39

Once a minor is lodged with the probation officer and the necessary reports are filed.

Question 40

Uniformed employees of this Department _____may/ should/ shall, subject to the discretionary power vested in them by law, accept custody of persons arrested by private persons.

Answer 40

Shall

Question 41

No Mandatory Appearance. When arrest is for public offense not requiring a mandatory appearance and arrested party should be satisfactorily identified. Cite & release after 215 is signed.

Answer 41

 Prior to issuing 215, legal custody must have been accepted.
 Enter “private person’s arrest” in the Special box of the 215.
 Complete a CHP 202, or CHP 216 and record the identity of arresting party in the witness section of 202/216.

Question 42

Mandatory Appearance. Felony or Misdemeanor arrests requiring mandatory appearance, take before a magistrate.

Answer 42

 If violation is within the normal responsibility of another agency, that agency should be requested to handle the arrest to conclusion.
 Complete the appropriate Arrest-Investigation Report, as provided in GO 100.39, CHP 202/216 or HPM 70.4

Question 43

There is no requirement for an officer to determine probable cause for the arrest.(Kinney vs. Contra Costa). However, if the facts become known and the officer is satisfied that there are insufficient grounds for the criminal complaint, the arrested person ____ may/ should/ shall be released from custody per 849(b)(1) PC.
 Issue a CHP 103, Certificate of Release from Custody
 Document circumstances on a memo to Area

Answer 43

Should

Question 44

851.6 PC provides that when a subject is arrested and released pursuant to 849(b)(1) or (3) PC, the person ______ may/ should/ shall be issued a certificate describing the action as a detention. The certificate ____ may/ should/ shall be signed by the releasing officer or supervisor.

Answer 44

Shall

Shall

Question 45

When a person is arrested (including 215’s) and released without being formally charged with an offence, a CHP 103 Certificate of Release from Custody, _____ may/ should/ shall be issued.

Answer 45

Shall

Question 46

CHP 103 ___ may/ should/ shall normally be issued by a supervisor. If the supervisor is not available, the arresting officer may issue the certificate.

Answer 46

Should

Question 47

Supervisors ______ may/ should/ shall have copies of CHP 103 in their possession.

Answer 47

Shall

Question 48

Physical arrest of Unlicensed, Suspended, or Restricted Drivers ____may/ should/ shall be made only with the concurrence from a supervisor or in response to a warrant.

Answer 48

Shall

Question 49

14603 VC (restricted licenses) _____may/ should/ shall not be taken into custody only to prevent reoccurrence.

Answer 49

Shall

Question 50

Officers _____ may/ should/ shall provide reasonable assistance to prevent recurrence of the offense

Answer 50

Should

Question 51

Officers ____may/ should/ shall not detain/arrest solely on the belief the person is unlicensed, unless the officer has reasonable cause to believe the person is under 16 years of age. (12801.5e VC)

Answer 51

Shall

Question 52

Prima Facie Speed Limits. Prima facie action shall be guided by the following:

Answer 52

 At 10 mph or more above the limit, officer shall stop and take appropriate enforcement action. (confidential)
 From 5 to 9 mph above the limit, the officer should stop and take appropriate enforcement action. (confidential)
 From 1 to 4 mph above the limit, the officer may stop and take appropriate enforcement action.(confidential)

Question 53

Absolute Speed Limits. Officers SHALL use the following sections to issue a cite for exceeding an absolute speed limit: (22348(b), 22349(a), 22349(b), 22356(b), 22405(a), 22406(a) through (f). 22407, 22409, 22410, 35785(b) & 36400 VC)

Answer 53

 At 5 mph or more above the absolute speed limit, the officer shall stop and take appropriate enforcement action. (confidential)
 From 1 to 4 mph above the absolute speed limit, the officer may stop and take appropriate enforcement action. (confidential)

Question 54

Supervisor approval _____ may/ should/ shall be obtained before citing a motorcyclist for wearing any type of head covering an officer determines is not a motorcycle helmet.

Answer 54

Shall

Question 55

The “party bike” owners, in accordance with local ordinance or resolution, may allow alcohol to be consumed on board, requiring both an ____ and an _____.

Answer 55

operator

onboard safety monitor

Question 56

Alcoholic beverages on a ‘Party Bike” may only be supplied by the passengers and must be in enclosed, sealed, unopened, and labeled containers prior to consumption on the pedicab. Passengers who are pedaling the pedicab are not _____.

Answer 56

operators
(Operator must be 21 and have a valid DL)

Question 57

Violators ______ may/ should/ shall not be pursued into areas not intended for vehicular use.(confidential)

Answer 57

Should

Question 58

California Vehicle Code Section 27363 provides that a child or ward who is under the age of eight and is 4 feet 9 inches in height or taller may be restrained by a safety belt rather than by a child passenger restraint system. A child or ward under eight years of age may ride in an appropriate child passenger restraint system in the front seat of a motor vehicle under the following conditions:

Answer 58

• There is no rear seat.
• The rear seats are side-facing jump seats.
• The rear seats are rear-facing seats.
• The child passenger restraint system cannot be installed properly in the rear seat.
• All rear seats are already occupied by children seven years of age or younger.
• Medical reasons necessitate that the child or ward not ride in the rear seat. The court may require satisfactory proof of the child’s medical condition.
• Additionally, a child or ward may not ride in the front seat of a motor vehicle with an active passenger air bag if the child is riding in a rear-facing child passenger restraint system.

Question 59

Officers reasonably suspecting a violation of the child passenger restraint requirements ____may/ should/ shall stop a vehicle to determine whether or not a violation of 27360, 27363, or 27360.5 VC has occurred, regardless of the existence of any other violation.

Answer 59

May

Question 60

Section 16028(a) VC requires that every driver who drives a veh. required to be reg. in Ca. shall provide evidence of FR upon demand of a peace officer. Section 16028(b) CVC requires that the evidence be written or provided _____ using a mobile electronic device.

Answer 60

electronically

Question 61

True or False:
Officers are not to initiate prosecution by issuing a citation or making an arrest for blocking of Public Grade Crossings By Railroad Operation

Answer 61

True