HPM 100.69 GENERAL LAW ENFORCEMENT POLICY MANUAL Flashcards
MEDICAL MARIJUANA ARRESTS: (1-17)
Senate Bill 420:
A law enforcement agency or officer (SHALL /SHALL NOT) refuse to accept a state medical marijuana identification card issued by CDHP.
SHALL NOT
SENATE BILL 420: (1-18) Definitions: a. Qualified Patient: b. Qualified Person: \_\_\_\_\_\_\_ is a person who is entitled to the protections of section 11362.5 H&S, but who does NOT have a valid state medical marijuana identification card or physicians written recommendation on their person.
a. Qualified Patient:
SENATE BILL 420: (1-18) Definitions: a. Qualified Patient: b. Qualified Person: \_\_\_\_\_\_ is an individual who is a qualified patient who has applied for and received a valid state medical marijuana identification card of a physicians written recommendation.
b. Qualified Person:
SENATE BILL 420: (1-19) STATE IDENTIFICATION CARD: A state document issued by CDPH...... The state medical marijuana identification card SHALL contain the following information: 1. 2. 3. 4.
REVIEW:
SENATE BILL 420: (1-19)
STATE IDENTIFICATION CARD:
A state document issued by CDPH…… The state medical marijuana identification card SHALL contain the following information:
1. Unique user ID number
2. Date of expiration
3. Name and phone number of County Health Department that approved application
4. CDPH internet web site where verification can be made.
ISSUANCE, SERVICE, AND ENFORCEMENT OF COURT PROTECTIVE ORDER: (4-3)
Definitions:
a. Emergency Court Protective Order (EPO):
b. Restraining order:
____ is a court order prepared by an officer and issued by a judge, commissioner, or referee, by telephone or otherwise, WHETHER OR NOT COURT IS IN SESSION, when there is immediate and present danger of domestic violence, child abuse, child abduction, elder/dependent adult abuse, or stalking to a victim. Such an order restrains activity and/or exludes the suspect from the premises and/or determines temporary custody of a minor child.
a. Emergency Court Protective Order (EPO):
ISSUANCE, SERVICE, AND ENFORCEMENT OF COURT PROTECTIVE ORDER: (4-3)
Definitions:
a. Emergency Court Protective Order (EPO):
b. Restraining order:
____ is a means of an order issued by the court during normal business hours. These orders are normally mailed or delivered to the police and Sheriff’s Department for enforcement, but may be mailed or delivered to the CHP for enforcement, if the individual who sought the order so designates. A restraining order is available from the superior court and can grant the following eight (8) types of relief:
1. restraining attacker from abusing the protected person and other family
2. directing the attacker to leave household
3. preventing the attacker from entering your residence, school, business, or place of employment
4. Awarding you. or the other parent, custody of/or visitation with a minor child or children
5. restraining the attacker from molesting or interfering with minor children in the protected person’s custody
6. directing the party not granted custody to pay support of minor children, if that party has a legal obligation to do so
7, directing the defendant to make specified debt payments
8. directing either or both parties participate in counseling
b. Restraining order:
CHP 175 APPLICATION FOR EPO: (4-4) An officer may attempt to obtain an EPO when there is immediate and present danger of: 1. DV 2. CA, 3. CA, 4. E/DA, or 5. S exists and an order is necessary to prevent the occurrence or recurrence of 1. DV 2. CA, 3. CA, 4. E/DA, or 5. S
- domestic violence,
- child abuse,
- child abduction,
- elder/dependent adult abuse, or
- stalking exists
EPO/ RESTRAINING ORDER PROCEDURES: (4-5)
a. Court protective or restraining orders may be issued by a civil or criminal court in California and generally prohibit an individual from contacting, harassing or molesting the applicant for the order. Orders may also determine temporary custody or tenancy. In addition protective orders PROHIBIT the restrained party from obtaining a firearm. These orders SHALL be entered into the DOJ Domestiv Violence Restraining Order System (DVROS) after issuance, within ____ business day(s).
ONE
EPO/ RESTRAINING ORDER PROCEDURES: (4-5)
e. Pursuant to section 6389 FC, a person subject to a domestic violence protective order is required to relinquish possession or control of any firearms immediately upon service of a protective order or within ___ hours of the service of the order.
within 24 hours
EMERGENCY PROTECTIVE ORDER: (4-8)
h. An EPO is a type of court protective order that may be obtained by an officer at any time day or night. 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
7th calendar
MISSING PERSONS: (6-4) (6-11)
LOCATED MISSING PERSON
1. Notification- Upon locating/finding a missing person (child or adult) officers SHALL immediately notify the _______ office via MUPS. Officers should also notify the agency which generated the missing person report and provide pertinent information within __ hours.
Attorney Generals Office
24 hours
MISSING PERSONS: (6-5)
a. As used in this title “missing person” includes, but is not limited to, any of the following:
1. At risk adult
2. Child taken, detained, concealed, enticed away or retained by a parent in violation of PC.
3. Child missing voluntarily (runaway), or involuntarily or under circumstances not conforming to their ordinary habits or behavior, and may be inneed of assistance:
REVIEW:
MISSING PERSONS: (6-5)
a. As used in this title “missing person” includes, but is not limited to, any of the following:
1. At risk adult
2. Child taken, detained, concealed, enticed away or retained by a parent in violation of PC.
3. Child missing voluntarily (runaway), or involuntarily or under circumstances not conforming to their ordinary habits or behavior, and may be inneed of assista
MISSING PERSONS: (6-5)
b. AT RISK. “At Risk” means there is evidence of, or there are indications of, any of the following:
1. Victim of crime or foul play
2. in need of medical attention
3. no pattern of running away or disappearing
4. victim of parental abduction
5. is mentally impaired, including cognitively impaired or developmentally disabled.
REVIEW:
MISSING PERSONS: (6-5)
b. AT RISK. “At Risk” means there is evidence of, or there are indications of, any of the following:
1. Victim of crime or foul play
2. in need of medical attention
3. no pattern of running away or disappearing
4. victim of parental abduction
5. is mentally impaired, including cognitively impaired or developmentally disabled.
MISSING PERSONS: (6-6)
MANDATORY ADVISEMENT:
1. CHP is required to advise the reporting party the name and address of appropriate agencies:
a. Agency having jursdiction
b. Agency where missing person resides
c. Agency where missing person last observed.
2. Section 14250(c)(2)PC requires LE inform parents or appropriate relatives of a person missing under HIGH RISK circumstances that they may give a voluntary DNA sample for testing, or may collect a DNA sample from missing persons articles, if available within ____ days of making the report.
3. Shall provide the DOJ missing childrens HOTLINE # (6-7)
30 days
MISSING PERSONS: (6-8)
NOTICE TO DOJ:
4. Requires notification to DOJ, for inclusion in the Victim Crime Information Center (VCIC) and nationa Crime Information Center (NCIC) database within ___ hours of accepting a report of a missing person under the age of ____ at risk.
two (2)
21 and at risk