HPM 100.69- General Law Enforcement Manual

Question 1

Officers ____ may/ should/ shall physically arrest all felony violators as prescribed by law.
(a) 851.5 PC requires arrested person has right to make at least _____ completed telephone calls, as described, immediately upon being booked or detained, and except where physically impossible, no later than ____ hours after arrest.

Answer 1

Shall

three

three

Question 2

If upon questioning, arrestee identified as custodial parent with responsibility for minor child, arrestee shall be entitled to make ___ additional calls for purpose of arranging for care of minor child or children in parent’s absence. Telephone calls shall be given immediately upon request, or as soon as practicable.

Answer 2

two

Question 3

When violator refuses to sign CHP 215, arresting officer:

(a) _____ May/ Should/ Shall direct the violator’s attention to the introductory statement over the violator signature line on the CHP 215 which reads: “Without admitting guilt, I promise to appear at the time and place designated below.”
(c) If violator still refuses to sign citation and it appears physical arrest will be necessary, officer ____ may/ should/ shall notify on-duty supervisor. Supervisor shall determine appropriate course of action and respond to scene as necessary.
(d) As final measure, violator shall be taken without unnecessary delay before magistrate or if after court hours, to jail. If at any time during course of transportation to court or jail, violator reconsiders and requests to sign, he/she _____may/ should/ shall be permitted to do so.
NOTE: Once the booking process has begun, violator in jailer’s custody and cannot be released by arresting officer.

Answer 3

Shall

Shall

Shall

Question 4

If at any time during course of transportation to court or jail, violator reconsiders and requests to sign, he/she shall be permitted to do so.
violator ____may/ should/ shall be transported to his/her vehicle or original place of arrest,
when practical.
When transportation unavailable, violator _____ may/ should/ shall be left at safe location, convenient to communication and transportation facilities.
Violators _______ may/ should/ shall not be left at any location which would either cause them reasonably avoidable hardship in resuming normal activities or place them in foreseeable peril.

Answer 4

Should

Should

Shall

Question 5

Officers should cite and release violators of misdemeanor offenses unless one of the following is a reason for non-release:

Answer 5

(a) The person was so intoxicated that they could have been a danger to themselves or to others.
(b) The person required medical examination or medical care or was otherwise unable to care for their own safety.
(c) There were one or more outstanding arrest warrants for the person.
(d) The person could not provide satisfactory evidence of personal identification.
(e) The prosecution of the offense would be jeopardized by immediate release of the person arrested.
(f) There was a reasonable likelihood that the offense or offenses would continue or resume. (Refer to Chapter 3, Response to Domestic Violence, paragraph 5.e., for procedures regarding domestic violence.)
(g) The safety of persons or property would be imminently endangered by release of the person.
(h) The person demanded to be taken before a magistrate or refused to sign the notice to appear.
(i) There is reason to believe that the person would not appear at the time and place specified in the notice.
*The Misdemeanor Incarceration Section of the Arrest-Investigation Report shall be completed by arresting officer whenever a physical arrest is made for a misdemeanor.

Question 6

Section 625 WIC states that when minor has been taken into custody, the officer ____ may/ should/ shall advise minor of his/her constitutional rights. Regardless of any interrogation.

Answer 6

Shall

Question 7

Section 627 WIC provides that an officer taking a minor before probation officer or to place of confinement ____ may/ should/ shall take immediate steps to notify relative.

Answer 7

Shall

Question 8

627 WIC also provides that a minor has right to make two telephone calls, one of which may be to his/her parent or guardian, responsible relative, or his/her employer; other may be to attorney. The calls, except where physically impossible, are to be allowed no later than_____ hour after minor taken into custody. Such calls are to be made at public expense if within local calling area. Calls must be made in presence of officer or employee.

Answer 8

one

Question 9

Section 207.1 WIC provides that no peace officer ____may. should/ shall knowingly detain minor in jail or lockup for adults.

Answer 9

Shall

Question 10

A minor’s refusal to sign a citation _________ (would/ would not) bring them within the mandatory incarceration provisions of the PC.

Answer 10

would

Question 11

The minor shall be removed as soon as reasonably possible. In no event shall a minor be present in an adult detention facility or jail for a continuous period in excess of ______ hours.

Answer 11

two

Question 12

It is desirable, but not mandatory, that the arrestee sign the copy of the CHP ____ that will be attached to the officer copy of the 215

Answer 12

412

Question 13

Sections 821 and 822 PC require the law enforcement agency in the county which issues an arrest warrant to take custody of the suspect within ______ days of notification and bring them before a magistrate within the issuing county.

Answer 13

five

Question 14

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

Answer 14

Shall

Question 15

Acceptance of Custody- When uniformed employee requested to accept custody of person arrested by person without peace officer authority he/she ____may/ should/ shall ensure that arresting party has made arrest in accordance with procedures provided by law (Sections 837 and 847 PC).

Answer 15

Shall

Question 16

There is no requirement for the officer accepting custody of person arrested by private person to determine the probable cause for the arrest (Kinney vs. County of Contra Costa, 8 C.. 3d 761). However, if facts of arrest become known to officer and he/she satisfied that there are insufficient grounds for making criminal complaint against person arrested, arrested party _____ may/ should/ shall be released from custody pursuant to Section 849(b)(1) PC.

Answer 16

Should

Question 17

Pursuant to Section 11591 H&S, upon arrest of teacher in any of public schools of this state, for controlled substances offenses, enumerated in Section 11590 H&S, commands may/ should/ shall immediately notify by telephone Superintendent of Schools of school district employing arrestee. Commands shall also immediately give written notice of the arrest to the Commission on Teacher Credentialing and to the Superintendent of Schools in the county where the person is employed.

Answer 17

Shall

Question 18

Pursuant to Section 11591 H&S, upon the arrest of a non-teacher in any of the public schools of this state, for controlled substances offenses, enumerated in Section 11590 H&S, or Section 11364 H&S as it relates to paragraph (12) of subdivision (d) of Section 11054 H&S, commands ____ may/ should/ shall immediately notify by telephone the Superintendent of Schools of the school district employing the arrestee. Commands shall also immediately give written notice of the arrest to the governing board of the school district employing the arrestee.

Answer 18

Shall

Question 19

When a member of this Department handles hate crime investigation to conclusion, victim ____may/ should/ shall be provided with CHP 876, Rights of Hate Crime Victims brochure.

Answer 19

Shall

Question 20

Each Hate Crime report ______ may/ should/ shall be reviewed by the on-duty supervisor to confirm that the incident was, in fact, a hate crime.

Answer 20

Should

Question 21

The investigating officer ____ may/ should/ shall provide the victim with a CHP 174, Right to Privacy Acknowledgement. Pursuant to Section 6254(f) GC, victims of hate crimes may be offered the confidentiality of their name and address in the CHP 202, or CHP 216 (see paragraph 8.c.[9]).
The investigating officer ____ may/ should/ shall provide the victim with a CHP 876. (The CHP 876 may be sent to the victim through the mail if the investigating officer does not have one in their possession at the time the report is taken.)

Answer 21

Shall

Shall

Question 22

Right to Confidentiality. Pursuant to Section 6254(f)(2) GC, victims of hate crimes have right to have their name and address withheld from CHP 202 or CHP 216 if requested, officer ____ may/ should/ shall notify victim of right to request confidentiality and explain that victim’s name and address will become public record if confidentiality not requested. Officer will then document in narrative of CHP 202 or CHP 216 whether or not victim chose to exercise that right.

Answer 22

Shall

Question 23

Offer of confidentiality ____ may/ should/shall be made prior to initiation of report and CHP 174, Right to Privacy Acknowledgement, shall be completed with victim’s name and address. If confidentiality is not invoked, CHP 174 ____ may/ should/ shall become an attachment to CHP 202 or CHP 216. If confidentiality is invoked, CHP 174 _____may/ should/ shall become face page to report. “John/Jane Doe” shall be inserted in place of victim’s name on CHP 202, Driving Under Influence Arrest Investigation Report, or CHP 216, Arrest Investigation Report, and address shall be excluded. CHP 174, Right to Privacy Acknowledgement, shall remain confidential and only be released with report when provided to district attorney’s office for purposes of prosecution or to an allied law enforcement agency for follow-up investigation.

Answer 23

Shall

Shall

Shall

Question 24

When a person arrested and released pursuant to Section 849(b)(1) or (3) PC, or when such person released and no accusatory pleading filed charging an offense, person ___may/ should/ shall be issued certificate describing action as detention. Certificate ____ may/ should/ shall be signed by releasing officer or his/her supervisor.

Answer 24

Shall

Shall

Question 25

When person is arrested (arrest includes issuance of CHP 215, Notice to Appear) by this Department and released from custody without being formally charged with an offense, that person ____ may/ should/ shall be issued CHP 103, Certificate of Release from Custody.
(2) CHP 103 _____ may/ should/ shall normally be issued by supervisor. If supervisor not available, arresting officer _____may/ should/ shall issue certificate.

Answer 25

Shall

Should

May

Question 26

Off-duty enforcement actions are discouraged and ___ may/ should/ shall not be conducted unless violation is serious in nature or poses danger to public.

Answer 26

Should

Question 27

Officers involved in off-duty enforcement actions shall, ___________, notify their command of their involvement.

Answer 27

as soon as practical

Question 28

Officers _____ may/ should/ shall document all off-duty incidents as required by law and departmental policy. Due to the potential for civil liability, commanders should ensure proper documentation is retained at the Area level.

Answer 28

Shall

Question 29

Officers ____may/ should/ shall arrange for medical examination whenever prisoner appears to be in need of or requests medical attention, regardless of outward symptoms of illness or injury.

Answer 29

Shall

Question 30

When a prisoner requests or is provided medical attention, arrest reports should include,
at minimum, following additional information:

Answer 30

(1) Nature of illness or injury.
(2) Name of attending doctor and his/her recommendations.
(3) Whether jail personnel were requested to arrange for medical care.
(4) When pertinent, include time elements, symptoms, requests for aid by prisoner(s), and details of transportation and treatment.

Question 31

True or False:
Confidentiality procedures are the same for sexual crimes as they are for hate crimes?

Answer 31

True

Question 32

Officer ___ may/ should/ shall also immediately notify local rape victim counseling center pursuant to Section 264.2(b)(1) PC if victim transported to hospital for any medical evidentiary or physical examination and sexual assault involves an alleged violation.

Answer 32

Shall

Question 33

Dominant aggressor: person determined to be most _______, not necessarily first, aggressor.

Answer 33

significant

Question 34

Emergency Protective Order. If officer believes may be grounds for issuance of EPO, shall inform victim they may request officer to request EPO. _____ May/ Should/Shall request EPO if s/he believes in immediate and present danger.

Answer 34

Shall

Question 35

Documenting Incidents to which Officer Responded and Took Action- DV crimes which officers respond and take action _____may/ shoud/ shall be documented on CHP 216 or 202. Report prepared whether or not arrest made. If CHP limited to “standing by” for local agency, no report necessary. Any further action taken at scene by CHP must be documented in report. Check “DV” box on report.

Answer 35

Shall

Question 36

Seizure of Weapons. Officers at scene of family violence incident involving threat to human life or physical assault _____ may/ should/ shall take temporary custody of any firearm or deadly weapon in plain sight or discovered pursuant to consensual search, for protection of officer or other persons present.

Answer 36

Shall

Question 37

Seizure of Weapons.
Shall document seizure of weapons on CHP 36. Include the description of the weapon, serial numbers, the date after which owner or possessor can recover weapon and include the name and residential mailing address of the owner or possessor of the weapon. Copy must be given to person who possessed weapon.
(2) Weapons to be held not less than _____ and unless kept for evidence, available for release not more than 48 hours after seizure, or no later than ______ after Law Enforcement Gun Release Application is approved by DOJ.

Answer 37

48 hours

five business days

Question 38

Treatment. Officers ______ may/ should/shall ask victim if they wish medical treatment, even if injuries are not visible. Officers arrange for treatment if requested.

Answer 38

Shall

Question 39

“Temporary Firearms Restraining Order (TFRO)” (also known as an Ex Parte Gun Violence restraining order: issued by the court during normal business hours. A TFRO may be requested when’s there’s substantial likelihood that both are true:

Answer 39

(1) A person poses risk of harming themselves or others in the near future
(2) TFRO is necessary to prevent injury to the subject of the order or another because less restrictive options have been tried and were ineffective or were determined to be inadequate.

Question 40

The following people can request a TFRO: Immediate family, LEO, employer, coworker w/substantial and regular interactions with the person (employer approval needed), and employee or teacher of a postsecondary school that the person has attended in the last 6 months (school administrator or supervisor approval needed). Person subject to DV order required to relinquish firearms immediately upon service of order or within _____ of service of order if firearms not in immediate possession.

Answer 40

24 hours

Question 41

CHP personnel who have knowledge of child they suspect victim of child abuse/neglect ____may/ should/ shall report instance to Local County Designated Agency (LCDA) immediately. Phone okay.
(2) DOJ report shall be submitted to LCDA within ____ of receiving info regarding incident of suspected child abuse/neglect.

Answer 41

Shall

36 hours

Question 42

Officer shall report known/suspected child abuse/neglect to Local County Designated Agency (LCDA) immediately or ASAP by ______.

Answer 42

telephone

Question 43

If CHP’s response limited to “standing by” until LCDA arrives and assumes responsibility, at minimum, DOJ SS 8572 must still be prepared and submitted within ____?

Answer 43

36 hours.

Question 44

When situation requires immediate action and LCDA cannot or will not respond CHP _____ may/ should/ shall take appropriate enforcement action. Officers shall complete CHP 216 or 202 documenting pertinent info.

Answer 44

Shall

Question 45

Refer or Accept Report of missing person. _____ May/ Should/ Shall be referred to appropriate local law enforcement agency. If circumstances warrant immediate action, officers ____ may/ should/shall conduct preliminary report and investigation.

Answer 45

Should

Shall

Question 46

Notice to Appropriate Law Enforcement Agency. Within _______ of taking preliminary missing persons report, copy of report shall be forwarded to appropriate agencies (location where reported missing and location of residence).

Answer 46

24 hours

Question 47

Mandatory Follow-up. Within _______ of MUPS entry, CHP Area shall ascertain whether local agency has established their own MUPS record.

Answer 47

24 hours

Question 48

Under no circumstances will a Blue Alert be initiated by the Department for an incident that does not meet ALL of the conditions listed below:

Answer 48

(1) A law enforcement officer has been killed, suffers serious bodily injury, or is assaulted with a deadly weapon, and the suspect has fled the scene of the offense.
(2) A law enforcement agency investigating the offense has determined that the suspect poses an imminent threat to the public or other law enforcement personnel.
(3) A detailed description of the suspect’s vehicle or license plate is available for broadcast.
(4) Public dissemination of available information may help avert further harm or accelerate apprehension of the suspect