HPM 100.69 - GENERAL LAW ENFORCEMENT Flashcards
Arrested person has right to at least ___ phone calls immediately upon being booked
No later than __ hours after arrest
3 calls
Within 3 hours
+2 if child care needed
Officers SHOULD or SHALL arrest all felony violators
SHALL
If there is a claim that child care is needed - they are entitled to ___ additional calls
2 additional calls
Arrestee shall be afforded every opportunity to sign the CHP 215 - right up until ____________ has begun
Booking
When arrestee is a minor - the place of appearance shall be the juvenile court within the ______ in which the offense charged took place
In the same county
Minors SHOULD NOT or SHALL NOT be locked in a cell or room within a jail
SHALL NOT
Arrested minors SHOULD or SHALL remain under continuous supervision of a dept or law enforcement facility employee?
SHALL
Minors SHOULD NOT or SHALL NOT be permitted to come into contact with an in-custody adult.
SHALL NOT
If it happens, contact shall not be permitted to continue
In no event shall a minor be present in an adult detention facility or jail for a continuous period in excess of ____ hours
No more than 2 hours
Even when an interrogation of an arrested juvenile will NOT be conducted, MIRANDA should still be given when?
Just prior to release of the juvenile to the jail or parent to comply with 625 WIC
As with all arrests, if a juvenile will be interrogated, ________ shall be advised
Miranda
A __________ effort to notify a parent / guardian shall be made regarding a minor’s arrest.
Reasonable
Basically, __________ shall be advised to all juvenile arrestees
Miranda
Per WIC, prior to an in-custody interrogation and before waiving their Miranda rights, a youth 17 and under SHALL consult with _________________
Legal counsel - in person/by phone/video
When conducting a non-custodial interview with a juvenile suspect, the issue of custody from the perspective of ___________ shall also be considered prior to questioning
the child
Officer shall take steps to notify relative of minor’s arrest how soon after arrest?
Immediately
How many calls does a minor get after arrest?
Calls must be made in the presence of who?
2 calls within 1 hour
One call to parent/guardian/employer
Second to attorney
In presence of public officer or employee
Minor may not be detained in room or cell at station any longer than ___ hours at a station lock-up
6 hours
Minor may remain in room or cell at station longer than __ hours with their permission
6 hours
If minor is detained longer than 6 hours, they have to be booked where?
Juvenile facility
Minor can’t be detained in a jail or lockup for ADULTS, BUT they can temporarily be secured in a police or sheriff’s lockup (again, not a jail) if minor is at least ___ years old
Minor is 14 years old or order
So 14-17 years old
Minors MUST be separated from ______
adults
If the minor is UNDER 14, and is NOT believed to be a security risk, they may be kept in temporary custody at a police station.
HOWEVER, the custody must be non-________
Non-secure
*the minor is not locked in a cell or room.
*minor must be supervised
All of this must take place in 6 hours
Can a minor arrested for DUI be taken into an adult detention facility or jail for purpose of chemical test?
Yes, per WIC, if certain conditions are met:
- Minor can’t be locked in a cell/room with adults.
- Must be under constant supervision
- No contact with adults
- Can’t exceed 2 hours in custody
Officers SHALL NOT arrest any person for warrants when that person can produce what?
Evidence (receipt) showing that the fine for the violation has been paid
(Issued by proper official of court - with name of court, date the case was adjudicated, violations)
Officers shall not conduct a field check for outstanding warrants unless there is what?
Reasonable suspicion that a warrant may exist
And/or the check can be accomplished without unreasonable delay
CHP form for Warrant Service Notice - will be completed for each OUT OF COUNTY warrant arrest
CHP 412
One copy to suspect and one attached to the 215
SUSPECT IS NOT REQUIRED TO SIGN FORM
CHP officers SHOULD or SHALL accept custody of persons arrested by private persons?
SHALL accept custody
What do you enter in the Special Box of a CHP 215 for a private person’s arrest?
“PRIVATE PERSON’S ARREST”
Prior to issuing a CHP 215 for a private person’s arrest, what has to happen?
Legal custody of the person arrested must be accepted by the officer
Officers accepting custody of a person arrested by a private person are NOT REQUIRED to determine probable cause for the arrest.
However, if the facts of the arrest become known to the officer and there are insufficient grounds to make a criminal complaint… the arrested party should be _____________
Released from custody per 849b1 PC
ISSUE A CHP 103 - Release from Custody
SUBMIT A MEMO to Area explaining the release
If a school employee is arrested for any controlled substance offense, officer shall immediately notify who?
the Superintendent of Schools of the district
When a CHP officer handles a hate crime investigation, the victim shall be provided with what?
CHP 876 Rights of Hate Crime Victims
Hate Crime - investigation officer shall provide victim with a CHP _____ - Right to Privacy Acknowledgement
CHP 174 - Right to Privacy
Victims of hate crimes have the right to have their name and address withheld from the __________ if requested
the 202/216
If the CHP 174 (victim’s right to privacy) IS invoked - the CHP174 shall become the ________ of the entire report
Face page
When a person arrested is released from custody WITHOUT being formally charged with an offense - that person SHALL be issued a CHP _____
CHP 103
Things to provide to a rape / DV victim:
- “Victims of DV” card
- CHP 182 - DV Resource Information
- CHP 173 - DV Referral