HPM 100.69: GENERAL LAW ENFORCEMENT POLICY

Question 1

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

Answer 1

three

Question 2

Section 851.5 PC also requires a sign stating the arrestee’s right to free telephone calls, as well as the right to ___ additional calls if they are a
custodial parent with responsibility for a minor child, be posted

Answer 2

two

Question 3

Officers should/shall physically arrest all violators meeting the conditions described in Section 40302 of the California Vehicle Code (CVC) (misdemeanors).

Answer 3

should

Question 4

Officers should/shall physically arrest all felony violators

Answer 4

shall

Question 5

Arrests of minors who are ___ years of age or older under the provisions of Section 625.3 WIC shall be handled in accordance with Section 626.6 WIC

Answer 5

14

Question 6

When possible, buildings without a jail facility which provide chemical
testing or investigative facilities should/shall be used.

Answer 6

should

Question 7

true/false: A minor’s refusal to sign a citation would bring them within the
mandatory incarceration provisions of the CVC and PC.

Answer 7

true

Question 8

Departmental personnel shall ensure the following procedures are
followed, regardless of whether a jail facility or other law enforcement
facility is used (4):

Answer 8

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 an in-custody adult. 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.

Question 9

In no event shall a minor be present in an adult detention facility or jail for a continuous period in excess of ___ hours.

Answer 9

two

Question 10

Section 625 WIC also states that when a minor has been taken into custody, the officer shall advise the minor of their constitutional rights. These rights include (3):

Answer 10

(a) Anything they say can be used against them;
(b) Their right to remain silent and;
(c) Their right to have counsel present during any interrogation and to have counsel appointed, if they are unable to afford counsel.

Question 11

Section 625.6 WIC states prior to custodial interrogation, and before the waiver of any Miranda Rights, a youth ___ years of age or younger shall consult with legal counsel in person, by telephone, or by video conference. The consultation may not be waived.

Answer 11

17

Question 12

When conducting a noncustodial interview with a juvenile suspect,
the issue of custody from the perspective of the child should/shall also be considered prior to initiating questions

Answer 12

shall

Question 13

Custody of minors shall be handled in the manner which least restricts the minor’s freedom of movement, provided such disposition is compatible with the best interests of the minor and the community. Sections 626 and 626.5 WIC provide that an officer may (4):

Answer 13

(a) Release the minor.
(b) Deliver or refer the minor to a public or private agency in which the
city or county has an agreement to provide shelter, care, counseling, or
diversion services.
(c) Prepare a CHP 215 for appearance before a county probation officer of the county in which the minor was taken into custody.
(d) Take the minor without unnecessary delay (24 hours or less) before a county probation officer of the county in which they were taken into custody.

Question 14

Section 625.3 WIC requires that a minor who is ___ years of age or older and who is taken into custody by a peace officer for the personal use of a firearm in the commission or attempted commission of a felony shall not be released until that minor is brought before a judicial officer.

Answer 14

14

Question 15

Section 626.6 WIC requires a peace officer who takes a minor into temporary custody under Section 625.3 WIC to take the minor without
unnecessary delay before, and deliver into the custody of, a ___ ___ ___ of the county in which the minor was taken into custody, or in which the minor resides, or in which the acts took place or the circumstances exist which are alleged to bring the minor within the provisions of Section 602 WIC.

Answer 15

county probation officer

Question 16

Immediately after being taken to a place of confinement, and
except where physically impossible, no later than one hour after the minor has been taken into custody, the minor shall be advised they have the right to make at least ___ telephone calls from the place that they are being held.

Answer 16

two, one call may be to their parent or guardian, a responsible relative, or their employer; and the second may be to an attorney.

Question 17

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 (3):

Answer 17

(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.”

Question 18

A minor meeting the lock-up criteria may be locked in a room or cell in the station, subject to the following conditions (6):

Answer 18

(a) The minor may not be detained longer than six hours. In order to be
securely detained longer than six hours, the minor must be transferred to a juvenile facility (i.e., juvenile hall).
(b) The temporary detention must be for the purpose of giving the officer time to investigate the case, facilitate release of the minor to parents, or arrange transfer to juvenile hall.
(c) The minor must be separated from adults as stated in Section 208
WIC.
(d) The minor must be told how long the incarceration can last.
(e) The minor must be adequately supervised.
(f) The law enforcement agency must keep a written record explaining the need and length of the secure detention.

Question 19

true/false: A minor taken into custody for a violation of criminal law, who is under 14 years of age or who is not believed to be a security risk, may be kept in temporary custody at a law enforcement facility. This would include a police station or sheriff’s station, but does not include a jail

Answer 19

true

Question 20

The total secure and nonsecure detention time in a law enforcement
facility, excluding a jail as defined in Section 207.1 WIC, may not exceed
___ hours. However, the minor may remain on the premises voluntarily

Answer 20

six

Question 21

Section 207.1 WIC permits a peace officer to escort a minor arrested for DUI into an adult detention facility or jail for the purpose of administering an evaluation, test, or chemical test for alcohol or drugs, if specified conditions are met. Such conditions include (4):

Answer 21

(1) that the minor is not locked in a cell or room within an adult detention facility or jail, (2) is under continuous personal supervision, is not permitted to come into contact with in-custody adults, (3) shall
not exceed two hours in custody, and (4) if there is no equipment for the administration of the evaluation, test, or chemical test located at a juvenile facility within a reasonable distance of where the minor was taken into custody

Question 22

true/false: Section 206 WIC states that abused and neglected children may not be detained in adult jails or police lockups.

Answer 22

true

Question 23

Section 827.1 PC permits the officer to release the arrestee on their
written promise to appear according to Sections 853.6 PC through 853.8
PC when the warrant is for a misdemeanor offense unless (8):

Answer 23

1 The misdemeanor cited in the warrant involves violence, a firearm,
resisting arrest, or giving false information to a peace officer.
2 The arrestee is a danger to themself or others due to intoxication or being under the influence of drugs or narcotics.
3 The arrestee requires medical examination/care or is otherwise
unable to care for their safety.
4 The arrestee has other ineligible charges pending against them.
5 There is reasonable likelihood the offense or offenses would continue or resume, or that the safety of a persons or property would be immediately endangered by the release of the person. (Refer to
Chapter 3 of this manual for procedures regarding domestic violence.)
6 The arrestee refuses to sign the CHP 215.
7 The arrestee cannot provide satisfactory evidence of personal
identification. (Officers shall not arrest a person pursuant to a warrant unless they are reasonably certain they have satisfactorily made a correct identification of the subject described in the warrant.)
8 The warrant of the arrestee indicates the arrestee is not eligible to be released on a written promise to appear.

Question 24

When a uniformed employee is requested to accept
custody of a person arrested by a person without peace officer authority, they should/shall
ensure the arresting party has made the arrest in accordance with the procedures provided by law as stated in Sections 837 and 847 PC.

Answer 24

shall

Question 25

Is there a requirement for the officer accepting custody of a person arrested by a private person to determine probable cause for the arrest?

Answer 25

no, 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.

Question 26

When a member of this Department encounters a criminal act that could be classified as a hate crime (not on state property within a designated service
area), the appropriate local law enforcement agency should/shall be notified to
handle the incident to conclusion.

Answer 26

should

Question 27

true/false: When the local law enforcement agency cannot or does not respond (hate crime incident), this Department will handle the investigation to conclusion

Answer 27

true

Question 28

Crimes indicating the presence of any of the following elements are considered hate crimes:

Answer 28

(a) The presence of visible symbols of hate (e.g., written racial slurs and graffiti, a burning cross, Nazi Party insignia [swastikas, SS skull and
crossbones, SS thunderbolts]).
(b) Desecration of venerated objects in a place of worship.
(c) Expressions of hatred by the perpetrator.
(d) Bias, or a victim’s perception of bias, as demonstrated by the
perpetrator’s actions.
(e) The date and/or time of the occurrence as it corresponds to a holiday
or event of religious, racial, or ethnic significance (e.g., Martin Luther King
Day, Chinese New Year, Cinco de Mayo).
(f) The totality of the circumstances surrounding the crime.
(g) The absence of any other apparent motive.

Question 29

true/false: Section 6254(f)(2) GC states that victims of hate crimes have the right to have their name and address withheld from the CHP 202 or CHP 216, if requested

Answer 29

true

Question 30

The ___ ___ shall remain confidential and only be released with the report when it is provided to the district attorney’s office for purposes of prosecution or to an allied law enforcement agency for follow-up investigation

Answer 30

CHP 174

Question 31

true/false: While on-duty, supervisors shall be responsible for having copies of the CHP 103 in their possession

Answer 31

true

Question 32

When an arrestee requests or is provided medical attention, arrest reports
should include, at minimum, the following additional information:

Answer 32

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

Question 33

Subject to the commitment of sufficient resources to respond to requests for information, sexual assault victims have the following rights:

Answer 33

(a) To be informed whether or not a DNA profile of the assailant was obtained from the testing of the rape kit evidence or other crime scene evidence from the victim’s case.
(b) To be informed whether or not a DNA profile of the assailant developed from the rape kit evidence or other crime scene evidence has been entered into the DOJ Data Bank of case evidence.
(c) To be informed of whether or not there is a match between the DNA profile of the assailant developed from the rape kit evidence or other crime
scene evidence and a DNA profile contained in the DOJ Convicted Offender DNA Data Base, provided that disclosure would not impede or compromise an ongoing investigation.

Question 34

When a violation of flight regulations is observed, appropriate enforcement action or notification should/shall be initiated.

Answer 34

should

Question 35

Each investigation of a violation of flight regulations shall be documented on a ___ ___

Answer 35

CHP 216

Question 36

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

Answer 36

shall

Question 37

Commanders shall ensure their Area’s standard operating procedure contains the necessary direction about local procedures for handling incidents of domestic violence, including, at a minimum:

Answer 37

a. The countywide protocol which has been developed pursuant to Section 853.6 PC to assist officers in determining when arrest and release is appropriate,
rather than taking the arrested person before a magistrate. Include protocol for each county within the Area’s jurisdiction.
b. A method for the verification of the existence and validity of court protective orders issued and/or served by allied agencies within the Area’s jurisdiction.
c. Procedures for contacting the on-call magistrate, should it be necessary to
issue an EPO.
d. Procedures for notifying the originating court or allied agency when previously unserved protective orders are served by the CHP.

Question 38

What shall be the two sole factors that determine the
proper method of handling a domestic violence incident?

Answer 38

(1) The existence of the elements of a crime and/or (2) the willingness of the
victim to make a private person’s arrest

Question 39

true/false: Pursuant to Section 13701 PC, officers shall attempt to identify the dominant aggressor in an incident and, where possible, arrest that individual rather than routinely making dual arrests.

Answer 39

true

Question 40

The dominant aggressor is the person determined to be:

Answer 40

the most significant, not necessarily the first, aggressor.

Question 41

true/false: Any time a peace officer is called out on a domestic violence call, it shall be mandatory that the officer make a
good faith effort to inform the victim of his or her right to make a citizen’s
arrest…This information shall include advising the victim how to safely execute the arrest.

Answer 41

true

Question 42

Officers shall do what three things in regard to a victim of domestic violence investigation?

Answer 42

(1) The victim shall be notified that, despite official restraint of the person
alleged to have committed domestic violence, the restrained person may be
released at any time.
(2) The officer shall notify the victim of the existence of a local shelter and
transport the victim to the shelter if the victim fears retribution from the
individual placed under citizen’s arrest. (3) The notification of the right to make a private person’s arrest shall be made in private or out of the hearing range of the alleged violator for the protection of both the victim and the officer.

Question 43

true/false: Pursuant to Section 293(a) PC and Section 6254(f)(2) GC, victims of sexual assault crimes have the right to have their name and address withheld from the CHP 216 or CHP 202, if requested.

Answer 43

true

Question 44

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 of the PC, commencing with Section 18100, 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 44

shall

Question 45

Items taken for a temporary custody shall be provided a ___ ___.

Answer 45

chp 36

Question 46

Weapons shall be held not less than ___ ___ and, unless retained for
evidence, must be available for release not more than 48 hours after the seizure, or no later than ___ ___ days after a Law Enforcement Gun Release Application is approved by DOJ.

Answer 46

48 hours / five business

Question 47

An ___ ___ ___ is a court order prepared by an
officer and issued by a judge, commissioner, or referee, by telephone or otherwise, whether or not the superior court is in session when there is immediate and present danger of domestic violence, child abuse, child abduction, older/dependent adult abuse, or stalking to a victim. Such an order restrains activity, and/or excludes the suspect from the premises, and/or determines temporary custody of minor children.

Answer 47

Emergency Protective Order (EPO)

Question 48

A ___ ___ is an order issued by the court during normal business hours.

Answer 48

Restraining Order

Question 49

All protective orders shall be entered into the State of California Department of Justice California Restraining and Protective Order System (CARPOS) after issuance, within ___ ___ day.

Answer 49

one business

Question 50

Officers should/shall advise the communications center they are looking for information on the
existence of protective or restraining orders.

Answer 50

shall, through dispatch (CARPOS)

Question 51

If the subject of the GVEPO does not willingly surrender their firearms and/or ammunition to the Department or a local law
enforcement agency, officers shall seek a ___ ___ to remove the items pursuant to Section 1524(a)(14) PC.

Answer 51

search warrant

Question 52

true/false: A CHP officer may be requested to serve EPOs, GVEPOs, and restraining orders

Answer 52

true

Question 53

Departmental personnel should/shall complete the Department of Justice (DOJ) form SS 8572, Suspected Child Abuse Report, each time child abuse or neglect is suspected regardless of whether or not the case is turned over to the LCDA (local agency).

Answer 53

shall, this includes each time a charge of child endangerment (Section 273a PC) is charged with another violation (e.g., DUI, reckless driving).

Question 54

Commanders shall ensure their Area’s SOP contains necessary direction about
local procedures for handling protective custody of minors and incidents of child
abuse or neglect, including, at a minimum:

Answer 54

(1) Procedures for contacting the LCDA (local agency).
(2) Procedures for release of a minor from protective custody.
(3) Procedures for supervisors to ensure the LCDA is contacted as required and a DOJ SS 8572 is completed and submitted to the LCDA.

Question 55

true/false: 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.

Answer 55

true

Question 56

As with any law enforcement contact, officers should/shall make reasonable efforts to determine that homeless people do not pose a threat to public safety such as: carrying an illegal weapon, possessing narcotics, public intoxication, or having outstanding arrest warrants

Answer 56

should

Question 57

Law enforcement serves two key roles in addressing the national issue of
homelessness:

Answer 57

1) law enforcement personnel are in a position to direct homeless individuals to available services within the community; and 2) law enforcement personnel are charged with enforcing the law and keeping the peace between individuals, and ensuring the rights of all people are respected to the fullest extent in accordance with the law

Question 58

Area commanders shall establish and maintain an Area Homeless Resource Guide (Annex A) which should include the following:

Answer 58

(1) Identify telephone numbers and hours of operation for local shelters, agencies, and organizations that routinely provide assistance to the homeless, as appropriate.
(2) Identify and maintain, as appropriate, admittance criteria to homeless shelters located within the Area’s jurisdiction.
(3) Identify transportation available for use by the homeless to nearby shelters, and other agencies and organizations capable of providing assistance.

Question 59

The Area commanders should/shall annually verify information relative to local homeless shelters, assistance agencies, and organizations

Answer 59

shall

Question 60

Area commanders shall ensure all uniformed and nonuniformed personnel are provided with a copy of their Area’s Homeless Resource Guide during ___ training days.

Answer 60

quarterly

Question 61

During all contacts with those who have a mental illness or are in crisis, ___ shall be the primary concern

Answer 61

safety

Question 62

true/false: A person shall not be arrested solely for behavioral manifestations of mental illness that are not criminal in nature

Answer 62

true

Question 63

Officers throughout the state often encounter people who have committed a crime and have mental illness. When appropriate, mental health care should/shall supersede a criminal arrest

Answer 63

should

Question 64

If the person commits an arrestable offense and does not fulfill the probable cause elements of a Section 5150 Welfare and Institutions Code (WIC) detention, the officer should/shall arrest the person following appropriate arrest procedures.

Answer 64

should

Question 65

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/shall be included in the officer’s arrest report.

Answer 65

should

Question 66

If the person commits an arrestable offense and fulfills the elements of Section 5150 WIC, the officer should/shall 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 should/shall be filed.

Answer 66

shall/should

Question 67

Supervisors should consider the following factors when determining whether to book or detain for Section 5150 WIC (5):

Answer 67

1 Severity of the crime.
2 Severity of the mental illness.
3 The person’s mental health history.
4 Benefit of mental health services vs. incarceration.
5 Availability of psychological services at the booking facility.

Question 68

Qualified medicinal cannabis patients and their primary caregivers are prohibited from (6):

Answer 68

(a) Possessing an unreasonable amount of cannabis for their medical condition.
(b) Smoking cannabis in a public place where smoking tobacco is prohibited.
(c) Possessing cannabis on, or consuming cannabis within 1,000 feet of specified places, including schools, day care facilities, and youth centers
(under specified conditions).
(d) Consuming cannabis in a vehicle on or off-highway.
(e) Transporting cannabis across state lines, even to another state where cannabis possession is legal.
(f) Driving while impaired by cannabis (and/or any other impairing substance).

Question 69

Recreational cannabis users 21 years of age or older may (4):

Answer 69

(a) Possess up to 28.5 grams of cannabis.
(b) Possess up to 8 grams of concentrated cannabis.
(c) Possess up to 6 cannabis plants.
(d) Consume and cultivate cannabis (limited to 6 cannabis plants per person) on private property.
NOTE: There is no limit on cannabis plant size.

Question 70

Recreational cannabis users are prohibited from (7):

Answer 70

(a) Possessing cannabis, cannabis concentrates, or cannabis plants in excess of the amounts listed above, except when licensed by an appropriate cannabis control agency to engage in cannabis cultivation, manufacturing, distribution, or sales.
(b) Smoking cannabis in a public place where smoking tobacco is prohibited.
(c) Possessing cannabis on, or consuming cannabis within 1,000 feet of specified places, including schools, day care facilities, and youth centers
(under specified conditions).
(d) Consuming cannabis in a vehicle on or off-highway.
(e) Possessing an open container of cannabis in a vehicle, unless secured in the vehicle’s trunk.
(f) Transporting cannabis across state lines, even to another state where cannabis possession is legal.
(g) Driving while impaired by cannabis (and/or any other impairing substance).

Question 71

true/false: The presence of a legal amount of cannabis alone can be the sole basis for a search.

Answer 71

false

Question 72

Officers should/shall ensure any search conducted is not based solely on the odor of cannabis or any of the other legal conduct described in Section 11362.1 HSC.

Answer 72

should