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
When a person is in immediate and present danger of DV by a family or household member, the officer shall assist the person in securing a __________________
EPO - Emergency Protective Order
When no other valid court protective order exists
Does every peace office have the authority to affect an arrest of persons operating a plane under FAA regulations?
Yes
Like for DUI - admin per se doesn’t apply though
Every LEO investigating a criminal act at the time of initial contact with victim or during follow up, SHALL provide to each victim a _______________-
Marsy’s Rights Card
Victim’s Bill of Rights
CHP form - Right To Privacy Acknowledgement
CHP 174
CHP form - Domestic Violence Resource Info
CHP 182
Whether or not an arrest was made - a ______ report shall be taken by officer who responds to incident of DV
216 / 202
Officers SHOULD or SHALL make attempts to identify the dominant aggressor rather than arresting both subjects
SHALL
An officer SHOULD or SHALL make an arrest for a violation of an EPO whether or not it was in their presence
SHALL make an arrest
Officers shall make an attempt to advise victims of DV that they have the right to make a __________________, and that the restrained person may be released at any time
Citizen’s arrest
An officer shall request an _____ if the officer believes that the person requesting the _____ is in immediate danger.
EPO
Several advisements will be documented in the officer’s DV report (like the location of _____________)
Shelters
If weapons found at DV incidents, the shall be seized for ___ hours
48 hours
An EPO is a court order prepared by __________ and issued by a judge, whether or not the superior court is in session.
A Restraining Order is an order issued by ________ during normal business hours.
an officer
the court
The CHP form - Application for Emergency Protective Order
CHP 175
and a CHP 176 is the Protective Order Control Log (helps the Area provide info to other LEO agencies about orders)
A person arrested for a misdemeanor violation of a DV protective order SHALL be taken before a judge INSTEAD OF ____________
being released
A person subject to a DV protective order is required to relinquish possession or control of any firearms immediate upon service of a protective order or within ___ hours of the service of the order.
24 hours
All protective orders shall be entered into the __________________________________ system after issuance WITHIN ONE DAY
CARPOS
California DOJ Restraining and Protective Order System
An EPO expires no later than the close of judicial business on the ______ court day or the ________ calendar day following the day of issuance.
5th court day
or 7th calendar day
A Gun Violence EPO (GVEPO) expires ____ days from the date the order was issued
21 days
An _____ and ______ are the only orders that will be both issued and served by a CHP officer
EPO and GVEPO
CHP officers shall complete a SS _________ form each time child abuse or neglect is suspected regardless of whether or not the case is turned over to the LCDA
SS 8572 - DOJ Suspected Child Abuse Report
The SS 8572 (Child Abuse Report) shall be submitted to the LCDA within ___ hours of receiving info regarding an incident of suspected child abuse or neglect
within 36 hours
Mandated reporter form for CHP is a CHP _____
CHP 192
Requirement to Report Child Abuse
Section 305 WIC allows a peace officer to take temporary custody of a minor without a warrant if the minor requires _________________
Requires care, is in immediate danger of harm or injury, or is left unattended and the parent or guardian is not available to care for the minor
Section _____ PC, willfully causing harm, injury, or death to a child. Commonly referred to as “child endangerment”
273a PC
Forms to provide to DV victims:
CHP 182 - DV Resource Info
CHP 173 - DV Referral Card
Basic steps when dealing with a potential missing person:
1.
2.
3.
4.
5.
- Refer to appropriate agency
- Call Watch Office (aka: the 144 Hospitalized/In Custody System)
- Broadcast an Attempt to Locate
- Conduct preliminary investigation (CHP 259 - Missing Person Checklist
- Notify MUPS (DOJ Missing/Unidentified Person System
If officers are required to conduct a preliminary investigation of a missing person, officers should reference the CHP ________ - Missing Persons Investigative Checklist
CHP 259
Upon finding / locating a missing person (child or adult) officers shall immediately notify the Attorney General’s office via _______
MUPS
Upon finding / locating a missing person (child or adult) officers shall notify the agency which generated the missing persons report within ____ hours
24 hours
The Watch Office is aka:
144 System
If CHP officers take a preliminary missing person report, they shall complete a DOJ __________ form
CJIS 8568 form
Within ____ hours of taking a preliminary report of a missing person, a copy of the CJIS 8568 shall be forwarded to the appropriate law enforcement agencies (location where reported missing and location of residence)
24 hours
Within ___ hours of CHP’s entry into MUPS, the CHP Area office shall ascertain whether the local law enforcement agency has established their own MUPS record
24 hours
LEO agency responsible for investigating a missing child is required to inform the school district in which the child is enrolled that the child is missing
This notice shall be given within ___ days
10 days
CHP officers releasing sex offender information to the public shall complete a CHP ______ regarding the incident. Report shall be maintained at the area office for FIVE years
CHP 216
LEO agency investigating an incident of unintentional or self-inflicted gunshot wound involving a victim 18 years of age or younger shall report info to ______________
CDPH
California Dept. of Public Health
AMBER alerts shall only be initiated by the Dept through the ___________________
ENTAC
Emergency Notification and Tactical Alert Center
AMBER ALERT criteria:
4 criteria
- Abduction is confirmed
- Victim is 17 or younger
- Victim is in imminent danger
- Info is available to help locate victim
Any on-duty employee who receives an INITIAL report of an actual or possible child abduction from a victim or witness SHALL immediately notify __________
Their supervisor
Whether you think it’s necessary or not
Once a supervisor is notified about a potential child abduction, whether or not they believe criteria exists, supervisors SHALL notify ________________
CHP comm center and request ENTAC be notified
Under no circumstances will a comm center initiate an AMBER alert or activate CMS without the express approval of _________
ENTAC
BLUE ALERT criteria:
4 items
- LEO has been killed, serious injury, ADW and suspect fled
- Determined that suspect poses imminent threat to public and to LEO’s
- Description of vehicle or plate is known
- Info will aid in apprehension / prevent harm to others
SILVER ALERT criteria:
- 65+ years old, disabled, or cognitively impaired
- Local resources exhausted
- Unexplained / Suspicious circumstances
- May be in peril
- Info may help public locate the person
YELLOW ALERT criteria:
- 20001 where person is killed or seriously hurt
- Suspect fled on a highway
- ANY of these: Complete or partial license plate, vehicle descriptors, suspect ID is known
- Info may help locate suspect/vehicle
- ID of suspect
TACT stands for
- TONE
- ATMOSPHERE
- COMMUNICATION
- TIME
System used to attain voluntary compliance with a person with mental illness or in crisis is called R.E.A.D. which stands for
- REQUEST
- EXPLAIN
- ALTERNATIVES
- DIRECT
System used to gain cooperation, establish rapport and build trust with a person with mental illness or in crisis is called A.B.C which stands for
- ASSESS
- BOND
- CONTROL (Self control, control the scene and person)
Officers shall complete this application form when placing someone on a 72 hour 5150 hold
California Department of Health Care Services (DHCS) Form 1801
Manufactured cannabis products legally sold in CA are required to be packaged in ___________ containers, marked with a __________ content and include a California specific marking indicating the product contains cannabis
Child resistant
delta-9-THC content
A person claiming to be a medical cannabis user may produce a CDPH-issued medical marijuana ID card (MMIC), a county issued MMIC or a ____________
Physicians recommendation for cannabis
If a person claims they have an oral recommendation from a doctor for medical cannabis, the officer SHOULD or SHALL accept the claim unless there’s info that refutes their claim or suggests a crime is occurring
SHOULD accept it
RECREATIONAL CANNABIS:
Users who are 21+ may
- Possess up to ___ grams of cannabis
- Possess up to ___ grams of concentrated cannabis
- Possess up to ___ cannabis plants
- Consume & cultivate cannabis (limited to 6 plants per person) on private property
- Up to 28.5 grams
- Up to 8 grams of concentrated cannabis
- Up to 6 plants
Is there a limit to cannabis plant size?
No
Is the presence of a legal amount of cannabis ALONE enough reason to search?
No cannot be sole basis
Any search conducted cannot be based SOLELY on the ____ of cannabis
odor
Is the transportation of industrial hemp legal in CA?
Yes
A delivery employee shall not carry cannabis goods valued at more than $_______
$5,000
