HPM 100.69 General Law Enforcement manual

Question 1

True or False:

Upon taking a person into custody for 5150 W&I, a CHP 216 and a DHCS 1801 shall be completed.

Answer 1

True

Question 2

True or False:

Pursuant to Section 18250 PC, peace officers who are at the scene of a domestic violence incident involving a threat to human life or a physical assault, serving a protective order as defined in Section 6218 FC, or serving a gun violence restraining order issued pursuant to Division 3.2 (commencing with Section 18100 [PC]), shall take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search, as necessary for the protection of the peace officer or other persons present.

Answer 2

True

Question 3

Upon contacting a homeless person in need of assistance, officers may refer to their Area’s Homeless Resource Guide for resources within the community, and if possible, provide or arrange for transportation to the nearest homeless shelter. If officers are unable to provide transportation, the individuals ____ be provided information relative to the nearest available shelter using an alternative means of transportation.

Answer 3

Should

Question 4

An arrestee ___ normally be allowed to make a telephone call during transport.

Answer 4

Should not

Question 5

True or False:

When the arrest is for a public offense not requiring a mandatory appearance, the arrested party should be satisfactorily identified. The arrestee should then be cited and released after having signed the CHP 215. Enter “private person’s arrest” in the Special box of the CHP 215. Complete a CHP 202 or 216 and forward to the court with the CHP 215.

Answer 5

True

Question 6

True or False:

When a person is in immediate and present danger of domestic violence by a family or household member, the officer shall assist the person in securing an Emergency Protective Order (EPO) when no other valid court protective order exists.

Answer 6

True

Question 7

True or False:

When a person arrested (arrest includes issuance of a CHP 215) by this Department is released from custody without being formally charged with an offense, that person shall be issued a CHP 103.

Answer 7

True

Question 8

True or False:

Silver Alert Criteria:

(1) The missing person is 65 years of age or older, developmentally disabled, or cognitively impaired.
(2) The investigating law enforcement agency has utilized all available local resources.
(3) The law enforcement agency determines the person has gone missing under unexplained or suspicious circumstances.
(4) The law enforcement agency determines the person is in danger because of age, health, mental or physical disability, environment, or weather conditions, the person is in the company of a potentially dangerous person, or other factors indicating the person may be in peril.
(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.

Answer 8

True

Question 9

True or False:

Per Section 6275 FC, a law enforcement officer who responds to a situation in which the officer believes there may be grounds for the issuance of an EPO shall inform the victim, or if the victim is a minor, their parent or guardian, provided the parent or guardian is not the person against whom the EPO may be obtained, that they may request the officer to request an EPO.

Answer 9

True

Question 10

While on-duty, supervisors ___ be responsible for having copies of the CHP 103 in their possession.

Answer 10

Shall

Question 11

True or false? A minor’s refusal to sign a citation would bring them within the mandatory incarceration provisions of the Penal Code.

Answer 11

True

Question 12

If at any time during the course of transportation to the court or jail, the violator reconsiders and requests to sign, they ___ be permitted to do so.

Answer 12

Shall

Question 13

True or false? Persons taken into custody pursuant to Section 853.6(i)(8) PC and not otherwise released shall be afforded every opportunity permitted by law to sign the CHP 215 and thereby secure release from custody.

Answer 13

True

Question 14

Weapons shall be held not less than 48 hours and unless retained for evidence, must be available for release not more than 48 hours after the seizure, or no later than ___ business days after a Law Enforcement Gun Release Application is approved by DOJ. (See HPM 70.1, Evidence Manual, Chapter 11, Release/Disposal of Weapons, for more information regarding releasing weapons.

Answer 14

5 business days

Question 15

True or False:

If the violation is the normal responsibility of another law enforcement agency, that agency should be requested to handle the [private person’s] arrest to conclusion.

Answer 15

True

Question 16

True or False:

When the [private person’s] arrest is for a felony or a misdemeanor requiring a mandatory appearance, take the arrested person without unnecessary delay before a magistrate.

Answer 16

True

Question 17

Although Section 207.1 WIC generally provides that a minor may not be detained in a jail or lockup for adults, an exception permits the temporary, secure detention of a minor in a police or sheriff’s lockup, not a jail, if the minor meets all the following criteria:

(a) The minor is 14 years of age or older.
(b) The minor is taken into temporary custody on the basis of having violated a criminal law (Section 602 WIC).
(c) The peace officer apprehending the minor has a reasonable belief that the minor presents a “serious security risk of harm to self or others.”

The juvenile may not be detained longer than ___ hours. To be securely detained longer than ___ hours, the minor must be transferred to a juvenile facility (i.e., juvenile hall).

a. 2
b. 4
c. 6
d. 8

Answer 17

C 6,6

Question 18

Pursuant to Section _____ WIC, an officer may, upon probable cause, take any minor who, as a result of mental illness, is a danger to themselves, or is gravely disabled, place the minor in a facility designated by the county and approved by the DHCS, for a 72-hour treatment and evaluation of a minor.

Answer 18

5585.50

Question 19

True or False:

Pursuant to Section 679.026 PC, every law enforcement agency investigating a criminal act at the time of initial contact with a crime victim, or during follow-up investigation, or as soon as deemed appropriate by the investigating officers, should, if possible, provide to each victim of a criminal act a Marsy’s Rights card.

Answer 19

False

Shall, not “should if possible”

Question 20

True or false? 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 investigative procedure within a jail or other law enforcement facility, the following guidelines and safeguards shall be followed:

Departmental personnel shall ensure the following procedures are followed regardless of whether a jail facility or other law enforcement facility is used:

(1) Arrested minors shall remain under the continuous supervision of a departmental or law enforcement facility employee.
(2) Minors shall not be locked in a cell or room within an adult detention facility or jail.
(3) Minors shall not be permitted to come into contact with in-custody adults. If contact occurs, the contact shall not be permitted to continue.
(4) A minor’s presence in a law enforcement facility or jail shall not be unnecessarily extended. 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 two hours.

Answer 20

True

Question 21

True or False

Amber Alert Criteria:

(1) Confirmation that an abduction has occurred or the child was taken by anyone, including, but not limited to, a custodial parent or guardian.
(2) The victim is 17 years of age or younger, or an individual with a proven mental or physical disability.
(3) The victim is in imminent danger of serious bodily injury or death.
(4) There is information available that, if disseminated to the public, could assist in the safe recovery of the victim.

Answer 21

True

Question 22

Section 627 WIC provides that an officer taking a minor before a probation officer or to a place of confinement shall take immediate steps to notify a relative. This section also provides that the minor has the right to make ___ telephone calls, one of which may be to
their parent or guardian, responsible relative, or their employer; the other may be to an attorney. The calls, except where physically impossible, are to be allowed no later than ___ hour(s) after the minor is taken into custody.

a. 1, 1
b. 2, 1
c. 1, 2
d. 2, 2

Answer 22

B. 2 telephone calls, no later than 1 hour after minor is taken into custody

Question 23

If the person commits an arrestable offense and fulfills the elements of Section 5150 WIC, the officer _____ contact a supervisor and request approval to begin the process for a Section 5150 WIC detention in lieu of booking at a jail facility. If the decision is made for a Section 5150 WIC detention, a criminal complaint _____ be filed.

Answer 23

Shall/Should

Question 24

Section 14211(e) PC requires notification to DOJ, for inclusion in the Violent Crime Information Center (VCIC) and the National Crime Information Center (NCIC) databases, within ___ hours of accepting a report of a missing person under age 21 or at risk. This may be accomplished by establishing a record in MUPS (via CHP communications center).

Answer 24

2

Question 25

True or False:

It is the policy of the CHP that officers may not conduct traffic enforcement stops for the primary purpose of drug interdiction in the absence of probable cause or reasonable suspicion to believe the motorist or an occupant of the vehicle is involved in illegal drug-related activity.

Answer 25

False

Shall Not

Question 26

True or False:

Officers shall be responsible for the safety and welfare of any minor(s). When a child is taken into protective custody, pursuant to Section 305 WIC, the following procedures shall be followed:

(a) Release the minor to a parent/guardian or a responsible adult (if appropriate) who has been designated by the parent/guardian.
(b) If the child cannot be released to a parent/guardian or responsible adult, the officer shall notify the appropriate social services agency to assume custody of the child.

NOTE: A child exploited through commercial sexual activity should be taken into protective custody (Section 647[b][5] PC and Section 305 WIC).

Answer 26

True

Question 27

True or False:

If mental illness is a known factor of the arrest, but does not rise to the level of a Section 5150 WIC detention, details of what caused the officer to suspect or believe the person had mental illness and how it pertains to the arrest should be included in the officer’s arrest report.

Answer 27

True

Question 28

During encounters with people suspected of having mental illness, officers shall take the appropriate action based on the totality of the circumstances. These actions may include:

a. Time-out
b. Release
c. Allow the person to take control of the situation
d. Arrest
e. Mental Illness Detention
f. All of the above
g. B, D, and E

Answer 28

G.
Release
Arrest
Mental Illness Detention

Question 29

True or False:

Departmental personnel who have knowledge of or observe a child who they suspect has been the victim of child abuse or neglect may also make a report while acting in their private capacity per Section 11165.7 PC.

Answer 29

True

Question 30

If the person commits an arrestable offense and fulfills the elements of Section 5150 WIC, and a supervisor approves booking, the supervisor shall notify the booking facility of the circumstances prior to the arrival of the person arrested. Supervisors should consider which of the following factors when determining whether to book or detain for Section 5150 WIC:

a. Severity of the crime
b. Severity of the mental illness
c. The person’s mental health history
d. Benefit of mental health services vs. incarceration
e. Availability of psychological services at the booking facility
f. A, B, and C
g. All of the above

Answer 30

G. All of the above

Question 31

Upon receipt of child abduction related information, whether or not they believe criteria exists to warrant departmental assistance, supervisors ___ notify the appropriate CHP communications center and request ENTAC be notified. If the abduction occurred in another CHP Area, the on-duty supervisor for the CHP Area in which the abduction occurred ___ also be notified.

Answer 31

Shall/Shall

Question 32

An arrested person has the right to make at least ___ completed telephone call(s), as described, immediately upon being booked or detained, and except where physically impossible, no later than ___ hour(s) after arrest.

a. 1, 1
b. 2, 2
c. 3, 3
d. 3, 1

Answer 32

C. 3 completed telephone calls no later than 3 hours after arrest

Question 33

Within ___ hours of the MUPS entry, the CHP Area office shall ascertain whether the local law enforcement agency has established their own MUPS record. Further follow-up may be required if the local law enforcement agency delays making this entry. When the permanent entry is established by the local law enforcement agency, the Area should request the communications center delete the CHP MUPS record from the system.

Answer 33

24

Question 34

Officers ___ not conduct a field check for outstanding warrants unless there is reasonable suspicion that a warrant may exist and/or the check can be accomplished without resulting in an unreasonable delay.

Answer 34

Shall

Question 35

True or False:

The potential for CHP personnel to encounter possible child abuse or neglect will most likely occur while investigating offenses of driving under the influence (DUI) or traffic collisions with a child in the vehicle. Additionally, some of these situations may require taking a child into temporary/protective custody due to the lack of provisions for support (e.g., unknown whereabouts of another parent or guardian, delayed response time by a LCDA).

Answer 35

True

Question 36

The purpose of the Yellow Alert Program is to establish a quick response system designed to issue and coordinate public alerts following a ___ incident.

Answer 36

Hit-and-run incidents

Question 37

Area commanders ______ take the necessary steps to obtain current “Victims of Domestic Violence” cards from the local law enforcement agencies within their jurisdictions. These cards shall be carried by all officers in the field. Additionally, commanders ______ ensure their Area’s standard operating procedure contains the necessary direction about local procedures for handling incidents of domestic violence.

Answer 37

Shall/Shall

Question 38

Any person who falsely represents themselves as another person (or a fictitious person) for the purpose of evading either the process of the court or proper identification by the investigating officer ___ be charged with a violation of Section 148.9 PC.

Answer 38

Should

Question 39

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

Answer 39

876

Question 40

True or false? Section 625 WIC states that when a minor has been taken into custody, the officer shall advise the minor of their constitutional rights.

Answer 40

True

Question 41

For victims of a hate crime, the offer of confidentiality ___ be made prior to the initiation of a report and a CHP 174 shall be completed with the victim’s name and address.

Answer 41

Shall

Question 42

True or False:

Peace officers are required to provide maximum protection for children who are abused, neglected, or exploited, and to take appropriate steps to prevent that harm. As mandated reporters (Section 11165.7 PC), California Highway Patrol (CHP) uniformed personnel are required to report known or suspected instances of child abuse or neglect to LCDAs (Local County Designated Agency).

Answer 42

True

Question 43

True or False:

When circumstances require issuance of a CHP 103, it shall be completed in duplicate. The original shall be filed in the Area office and the copy shall be delivered to the person being released.

Answer 43

True

Question 44

Section 851.5 PC also requires a sign, stating the arrestee’s right to free telephone calls be posted at any police facility or place where an arrestee may be detained. A CHP 975, Penal Code Section 851.5 Arrested Person May Make Telephone Call, available on the Department’s STARPOINT Web site under Forms, should be posted in California Highway Patrol (CHP) Area offices that allow arrestees to be temporarily detained (i.e., during a drug recognition evaluation or stolen vehicle investigation).

Answer 44

False

Shall be posted

Question 45

True or False:

Upon the arrest of a teacher in any of the public schools of this state, for controlled substances offenses, commands should immediately notify by telephone the Superintendent of Schools of the school district employing the arrestee. Commands should 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 45

False

shall/Shall

Question 46

True or False:

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

Answer 46

True

Question 47

True or False:

The officer must notify the victim of the right to request confidentiality in both situations and explain that the victim’s name and address will become public record if confidentiality is not requested. The offer of confidentiality shall be made prior to the initiation of a report and a CHP 174, Right to Privacy Acknowledgment, completed with the victim’s name and address.

Answer 47

True

Question 48

True or False:

There is no requirement for the officer accepting custody of a person arrested by a private person to determine probable cause for the arrest (Kinney vs. County of Contra Costa, 8 C.A. 3d 761). However, if the facts of the arrest become known to the officer and they are satisfied that there are insufficient grounds for making a criminal complaint against the person arrested, the arrested party should be released from custody pursuant to Section 849(b)(1) PC. Upon release, issue a CHP 103. The arrest and release shall be documented on a memorandum to the Area.

Answer 48

True

Question 49

True or False:

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

Answer 49

True

Question 50

True or False:

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

Answer 50

False

Shall

Question 51

A CHP ___, Uniform Crime Report, shall be completed as outlined in HPM 100.53, Uniform Crime Reporting Manual.

Answer 51

729

Question 52

Officers ___ not arrest any person for outstanding warrants when that person can produce evidence in the form of a receipt showing that the fine for the violation on which the warrant is based has been paid.

Answer 52

Shall

Question 53

The investigating officer of a hate crime shall provide the victim with a CHP ___, Right to Privacy Acknowledgement.

Answer 53

174

Question 54

Upon locating/finding a missing person (child or adult), officers shall immediately notify the Attorney General’s office via MUPS (Missing/Unidentified Persons System). Officers should also notify the agency which generated the missing persons report and provide pertinent information within ___ hours.

Answer 54

24

Question 55

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

Answer 55

Should, May

Question 56

If upon questioning, an arrestee is identified as a custodial parent with responsibility for a minor child, the arrestee shall be entitled to make ___ additional call(s) for the purpose of arranging for the care of the minor child or children in the parent’s absence. These
telephone calls shall be allowed immediately upon request, or as soon as practicable.

a. 1
b. 2
c. 3

Answer 56

B. 2

Question 57

True or False:

A “hate crime” is defined in Section 422.55 PC as a criminal act committed in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived

Answer 57

True

Question 58

If the violator still refuses to sign the citation and it appears a physical arrest will be necessary, the officer ___ notify an on-duty supervisor.

Answer 58

Shall

Question 59

Officers ___ physically arrest all felony violators as prescribed by law.

Answer 59

Shall

Question 60

True or False:

Blue Alert Criteria:

(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 will help avert further harm or accelerate apprehension of the suspect.

Answer 60

False

May help avert not “will help avert”

Question 61

True or False:

Officers may detain a person pursuant to Section 5150.05 WIC, which allows for information developed into probable cause to be elicited from a third party. A third party providing information may be a family member, mental health professional, or other designated persons (Section 5150.05 WIC). Officers shall consider relevant information about the history of a person’s mental illness, as well as their current state, to determine third party probable cause for a 72-hour hold (Section 5150.05 WIC).

Answer 61

True

Question 62

True or False:

Victims of hate crimes have the right to have their name and address withheld from the CHP 202 or CHP 216, if requested. The officer shall notify the victim of the right to request confidentiality and explain that the victim’s name and address will become public record if confidentiality is not requested. The officer will then document in the narrative of the CHP 202 or CHP 216 whether or not the victim chose to exercise that right.

Answer 62

True