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Truckee 2024 Study Group > HPM 10.4 in-class quiz > Flashcards

HPM 10.4 in-class quiz Flashcards

1
Q

The finding in a complaint shall be based on a thorough and complete review of the facts of the complaint, and may also include opinions based on the investigator’s judgment and experience. The investigation must demonstrate that _________________________ clearly supports the finding.

a. Reasonable suspicion

b. Probable Cause

c. A Preponderance of the Evidence

d. A Solid Hunch

A

c. A Preponderance of the Evidence

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2
Q

This form is intended to be the primary instrument for citizens to file complaints against non-uniformed (non-peace officer) employees, while also informing complainants about the complaint process.

a. CHP 240, COMPLAINT INVESTIGATION

b. CHP 240A, COMPLAINT CONTROL LOG

c. CHP 240B, CITIZENS’ COMPLAINT INFORMATION

d. CHP 240D, CITIZENS’ COMPLAINT INFORMATION

A

d. CHP 240D, CITIZENS’ COMPLAINT INFORMATION

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3
Q

Complainants or witnesses who desire to use an audio tape recorder to record an interview or discussion with an investigator ___________ be allowed to do so.

a) Should

b) Shall

c) Shall not

d) Should not

A

b) Shall

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4
Q

All complainants ________ be acknowledged by correspondence within ________ (#) business days of the Department’s notification of the complaint.

a. Should, Five (5)

b. Shall, Five (5)

c. Should, Ten (10)

d. Shall, Ten (10)

A

b. Shall, Five (5)

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5
Q

Due to new evidence or allegations, it may be necessary on occasion to amend complaint documentation. What reason can a complaint be amended?

A. Changing the finding for an allegation

B. Addition of an employee to the complaint

C. Deletion of an employee to the complaint

D. All the above

A

D. All the above

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6
Q

Officer Smith, new to the Area, mistakenly gives a motorist wrong directions to the freeway entrance. The citizen later complains that the officer’s incompetence caused him to be late

for an interview. Since it was not the intention of the officer to provide inaccurate information, the proper finding should be ________________.

a. Sustained

b. Unintentional Error

c. Undetermined/ No Finding

d. Departmental

e. Exonerated

A

c. Undetermined/ No Finding

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7
Q

The complainant shall be requested to return the CHP 240B or CHP 240D within _____ (#) business days.

a. Five (5)

b. Seven (7)

c. Ten (10)

d. Fourteen (14)

A

b. Seven (7)

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8
Q

Which of the following would not be a considered a factor in establishing whether or not a complaint is frivolous?

A – The allegations appear to be, on their face, preposterous.

B – The complainant had provided conflicting or false statements.

C – The complainant is able to produce multiple, credible witnesses to the alleged circumstance.

D – The complainant has previously filed other frivolous complaints with this Department or another agency.

A

C – The complainant is able to produce multiple, credible witnesses to the alleged circumstance

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9
Q

9) When a complainant, after having been notified of the findings of a complaint investigation, formally expresses dissatisfaction with the methodology or conclusions of the investigation, which command shall conduct a separate complaint review.

A. Area

B. Division

C. BIA

D. All the above

A

A. Area

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10
Q

While in training at the Academy an employee has a complaint filed against them. Who will be responsible for conducting the investigation?

A. They are not investigated

B. Employee’s permanent Area Commander

C. Division Commander

D. Academy Commander

A

D. Academy Commander

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11
Q

Inclusion of a chronological log, ______ be included in all investigations regardless of category.

a) Shall

b) May

c) Is Highly Recommended

d) Should Not

A

a) Shall

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12
Q

T/F. A complaint that has already been reviewed and signed by the employee can be amended.

A. True

B. False

A

A. True

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13
Q

The normal suspense period for complaints received at the command, or forwarded from BIA is _____.

A. 30 days

B. 60 days

C. 90 days

D. 1 year

A

B. 60 days

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14
Q

Officer Smith is a motor officer working a protective service detail (PSD) for the day while a foreign dignitary is in town visiting for the weekend. During the temporary assignment a complaint is filed against Officer Smith. Who would be responsible for handling the complaint.

A. Assistant Commissioner

B. Employee’s permanent Commander

C. Division Commander

D. PSD Supervisor

A

B. Employee’s permanent Commander

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15
Q

Rescinded/Frivolous Complaints will not have a finding as both are considered to be without merit.

a. True

b. False

A

a. True

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16
Q

A citizen files a complaint against Officer Smith for using an inappropriate hand gesture when the citizen inadvertently drove over some flares at an accident scene. When questioned, Smith does remember the driver, but denies making any such gesture. There are no witnesses. The investigator, lending equal credence to the officer and the citizen, and finding no reason to doubt the veracity of either, would justifiably come to a conclusion of _____________________.

a. Sustained

b. Unintentional Error

c. Undetermined/ No Finding

d. Departmental

e. Exonerated

A

c. Undetermined/ No Finding

17
Q

Complaint Investigations. All commands ___ maintain a Master Complaint File,

in which all Category I, Category II and Other complaint investigations ___ be

stored.

A. Should/Shall

B. Should/Should

C. Shall/Shall

D. Shall/May

A

C. Shall/Shall

18
Q

Complaint Investigations. Category I, Category II, and Other complaints shall be

destroyed after a period of _____ years, commencing from the date the Department originally received the complaint.

A. 3 years

B. 5 years

C. 7 years

D. 10 years

A

B. 5 years

19
Q

To ensure the integrity of statistical information maintained by BIA, all

Divisions, Areas, and Sections shall report complaint information on an ___ basis

A. Bi-annual

B. Every 6 months

C. Annual

D. When requested

A

C. Annual

20
Q

A public safety officer shall have ____ days within which to file a written response to any

adverse comment entered in his personnel file.

A. 15

B. 60

C. 30

D. 12

A

C. 30

21
Q

True or False. Each department or agency in this state that employs peace officers should establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and shall make a written description of the procedure available to the public

A

False/ SHALL

22
Q

True or False. The Department’s Internet website shall provide instructions on filing the complaint electronically, or on the manner in which to download, complete, and mail the complaint form to the state agency

A

True

23
Q

A non-uniformed employee, or an off-duty uniformed employee, engages in acts not related to their employment and willfully uses unlawful force or violence upon the person of another resulting in minor injuries. The other person then files a complaint againt the employee. This would be coded as,

a. Battery

b. Assault

c. Unauthorized tactics

d. Misuse of Position

A

a. Battery

24
Q

A complainant comes into the Area office to make a complaint against an officer assigned to the command. The allegation is the officer failed to take an individual into custody as required by policy or authorized by law. As a sergeant assigned to investigate the allegation, you recognize it as a Failure to Arrest complaint and know it is a ___________ complaint a. Category 1

b. Category 2

c. Either a Category 1 or 2

d. Other

A

b. Category 2

25
Q

Section 3300 of the California Government Code is known as the ___________________ a. Peace Officers’ Bill of Rights Act

b. Peace Officers’ Procedural Bill of Rights Act c. Public Officials’ Procedural Bill of Rights Act d. Public Safety Officers Procedural Bill of Rights Act

A

d. Public Safety Officers Procedural Bill of Rights Act

26
Q

As part of the Stipulated Adverse Action Process (SAAP), the employee agrees to waive the following:

A. The right to appeal to the State Personnel Board

B. The right to make a pre-disciplinary hearing response to a departmental representative

C. Any claims in federal or state court or any other administrative forum that

may arise out of the matter

D. All of the above

E. Both A and C

F. None of the above

A

D. All of the above

27
Q

If a department-initiated leave of absence extends past ___ calendar days, CalHR approval is required.

a. 20

b. 30

c. 10

d. 40

A

b. 30

28
Q

Who should be contacted for questions regarding the search of cellular telephones, personal electronics, or entertainment devices?

A. Commissioner’s Office

B. Office of Internal Affairs

C. Computer Crimes Investigations Unit

D. Attorney General’s Office

A

B. Office of Internal Affairs

29
Q

Time expended utilizing state telephones for representational purposes on release time shall be recorded on a ______, Representation Reporting, as outlined in Chapter 6, Release Time/Use of State Time for Representation, of this manual.

A. CHP 735

B. CHP 610

C. CHP 634

D. CHP 418

A

B. CHP 610

30
Q

Two hours after heavy rains, an officer on patrol at midnight noticed a red Ford Fairmont with beads of water on its exterior similar to other cars parked in the area but unlike the dry cars traveling on the roads. The officer surmised that the Ford must have been driven only a short distance from the area, where there had been car thefts from the downtown lots, including the Ford dealership. A license check indicated that the vehicle was registered to a private party and had not been reported stolen. When the Ford merged onto the freeway, it kept its speed at 50 miles per hour, well below the posted 65 mph limit. The patrol car was the only other vehicle in sight, and the officer did not hear engine noise from the Ford consistent with mechanical problems. Concerned that the slow speed might indicate an intoxicated driver, the officer followed the Ford for one mile before initiating a traffic stop. This traffic stop was:

a. Legal even though the officer intended to investigate a possible auto theft.

b. Illegal since the officer intended to investigate a possible auto theft.

c. Illegal since there were no articulable facts to support the traffic stop.

d. Legal even if the driver was not under the influence of drugs or alcohol.

A

a. Legal even though the officer intended to investigate a possible auto theft.

Truckee 2024 Study Group (18 decks)

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