HPM 110.1 MAIT CALL OUT, 120.1 DISCOVERY OF PEACE OFFICER PERSONNEL RECORDS, 90.1 MEDIA RELATIONS MANUAL Flashcards

1
Q

The appropriate Division commander shall be notified for the following types of
incidents for which MAIT shall be utilized: What are they?

A

A fatal or severe injury collision occurs involving an on-duty CHP or
Caltrans employee, including subcontractors working on a Caltrans work
project (i.e., broken bones, dislocated or distorted limbs, severe lacerations, or
unconsciousness at or when taken from the collision scene). The fatal or
severe injury pertains to any involved party, and not specifically to the on-duty
CHP or Caltrans employee (e.g., CHP pursuit resulting in a collision causing
fatal or severe injury to a party other than CHP personnel).
A fatal or severe injury accident occurs involving a departmental aircraft or
when specifically requested by the OAO. In cases where the collision or
incident involves substantial damage only, OAO may determine if MAIT
involvement is required. A qualified member of OAO will be assigned as a
member of the MAIT conducting the investigation of any departmental aircraft
accident or incident.

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2
Q

At the discretion of the Division commander, MAIT may be utilized in what situations?

A

Any collision or incident which, in the judgment of the Area commander or
of a higher command authority, MAIT involvement would be appropriate. An
example of this would be a collision involving a law enforcement agency during
which a fatal or severe injury occurs.
Any significant collision in which a fatality or fatalities occur which could lead to prosecution.
Any collision in which a fatality or fatalities involving any vehicle or
combination of vehicles described in Section 34500 of the California Vehicle Code.
Any collision which results in the spillage or leakage of a significant
amount of a hazardous material which seriously threatens life or property.
Any collision in which the Department has been notified that
investigators from the National Transportation Safety Board will be
responding to conduct a parallel investigation.
Any fatal or severe injury collision involving a possible roadway defect
as a primary cause or contributing factor.
Any collision where there is an indication that an involved vehicle has
a manufacturing defect which was the primary cause or contributing factor.
Any collision where there is a need for an in-depth speed analysis.
A fatal or severe injury collision occurs in which the investigating officer
suspected an occupant restraint system failed to operate as designed. In
cases where the only issue is the possible failure, a consultation with the team
leader shall be conducted. After consultation, the team leader will determine if a failure analysis should be conducted and whether or not sufficient physical evidence is available to complete the investigation. If enough physical evidence is documented, a failure analysis will be conducted. If enough physical evidence is not available, the Area will document the condition of the safety restraint with MAIT assistance/consultation.

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3
Q

The exclusive means by which a peace officer’s personnel records can be disclosed (other than by his / her own authorization) is by what is commonly known as a?

A

Pitchess Motion

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4
Q

Penal Code Section 832.5 requires that complaints and any reports or findings
relating thereto be retained for how many years?

A

five years

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5
Q

Who is the Office of Primary Interest for departmental community outreach activities?

A

The Office of Community Outreach and Media Relations (COMR)

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6
Q

Community outreach/public information officers shall utilize what CHP form to prepare and forward a quarterly community outreach activity report to their respective commanders?

A

CHP 320 PUBLIC RELATIONS ACTIVITY SUMMARY

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7
Q

The use of any official CHP insignia decals must be approved by?

A

The Commissioner’s Office

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8
Q

MAIT (may be / should be / shall be) called for any collision in which the Department has been notified

A

may be

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9
Q

MAIT (may be / should be / shall be) called for any collision where there is a need for an in-depth speed

A

may be

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10
Q

MAIT (should be / should not be / shall be / shall not be) called out after hours solely for an inspection of a safety restraint system.

A

shall not be

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11
Q

When a severe or fatal injury accident occurs in which an Area suspects a failure of the safety restraint, system worn by the injured party, MAIT (may be / should be / shall be) called.

A

shall be

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12
Q

Who shall notify the appropriate Division commander when requesting MAIT assistance?

A

Area commander

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13
Q

You are at a fatal collision scene, which you have determined to be a possible murder scene. A local reporter, from a well-known news station, approaches you and requests permission to enter the scene (crime scene). You deny the request. Three hours later all the evidence at the scene has been collected. The reporter asks you again to enter the scene. Can you allow him to enter the scene?

A

Yes (90.1 / 5-10)

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14
Q

True or False. When a juvenile has been in a collision and is also arrested (e.g., driving under the influence), personal information such as name and address is releasable. (90.1 / 6-4 & 6-5).

A

False (is not releasable)

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15
Q

TRUE OR FALSE?
A Pitchess Motion is a legal process which enables the defense to attempt to obtain peace officer personnel records or information contained therein. Such information may include complaints concerning the officer’s alleged use of excessive force or propensity for racial / ethnic prejudice, fabrication of charges, illegal search and seizure, false arrest / imprisonment, etc.

A

TRUE

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16
Q

Penal Code Section 832.5 requires that any agency employing peace officers establish procedures for investigating citizen complaints and make those procedures available to the public. This Section also requires that investigative reports be retained for how many years? (P.1)

A

Five (5)

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17
Q

Can a district attorney obtain access to the personnel records of a peace officer or police agency while investigating their conduct without court ordered authorization.?

A

Yes. The district attorney may not further disclose such records without a court’s authorization or order.

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18
Q

What information is discoverable through a Pitchess Motion regarding persons who have made complaints against an Officer and / or persons interviewed in connection with complaints?

A

(1) Names (2) Addresses (3) Telephone Numbers

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19
Q

A defendant must file a written motion with the proper court. Such motion must be served on the agency having custody or control of the records either by mail or in person. If served by mail, the motion must be served (?) days prior to the date of the hearing; if personally served, it must be served (?) days prior to the hearing date.

A

20 / 15

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20
Q

The “Right Turn” program reaches out to what age demographic?

A

11-14

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21
Q

The “Start Smart” program reaches out to what age demographic?

A

15-19

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22
Q

Any employee who receives a request for official insignia decals shall refer the person making the request to who?

A

Community Outreach and Media Relations. NOTE: Requests shall be in writing and from the vehicle’s registered owner

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23
Q

Fatal victim information is only releasable through who?

A

Coroner

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24
Q

Areas are required to provide a printed news release to the media how many hours prior to the checkpoint operations? (P.6-14)

A

48

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25
Q

True or False: Traffic collision photographs are not releasable to the media

A

True

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26
Q

True or False: Video recordings obtained during the course of employment by any CHP employee on any camera, cellular telephone, and/or recording device are considered the property of the CHP.

A

True

27
Q

When can media access be denied?

A

Crime scene – restricted from areas that closed for immediate emergency operations and evidence preservation
If access would clearly interfere with emergency crews or equipment
When the incident involves the collision of a military aircraft and it has been declared a National Defense Area – appropriate military authority must be on scene

28
Q

When a juvenile has been involved in a traffic collision, what information regarding the juvenile can be released?

A

Collision - the name, age, and hometown

Arrest – age and hometown

29
Q

Are BAC test results releasable pursuant to the California Public Records Act (PRA)? PAS results?

A

BAC test results are not releaseable

PAS results are consider public information and can be released

30
Q

If a judge determines the requirements for the defense’s Pitchess Motion are met, what information is released to the defense?

A

Disclose the information to the defense attorney - normally limited to names, addresses, and phone #s of complainants and witnesses
Order the records or information to the district attorney and defense attorney by a certain compliance date

31
Q

If a judge determines the requirements for the defense’s Pitchess Motion are met, what information is excluded from disclosure?

A

Any complaints against an officer concerning conduct occurring more than five years prior to the date of the motion hearing
Conclusions of the officer who investigated the complaint
Facts or records sought which are so remote as to make them of little or no benefit to the defendant

32
Q

Are the district attorney or the defense attorney allowed in the judge’s chambers during the in camera review?

A

No, they are not

33
Q

In general, can the Department release booking photographs or mug shots?

A

No, they are not CHP property and can only be released by the agency that possesses them

34
Q

Unless approval is granted by _______, video recordings made by cameras, cellular telephones, and/or recording devices by on-duty CHP employees shall not be released.

A

Office of Community Outreach and Media Relations

35
Q

Are CHP employees allowed to participate while on duty in parades, community or organization celebrations, or advocacy events without prior approval of their commander?

A

No

36
Q

Are off-duty CHP employees participating in an event allowed to display or carry banners or signs with the CHP name or logo, or in any way indicate advocacy or support by the Department of the event or cause?

A

no

37
Q

Can MAIT be called out to prepare a physical diagram only?

A

No.

38
Q

Who should be notified immediately if a pitchess motion is received at the Area office?

A

Legal Coordination Unit

39
Q

What are the pillars of community outreach?

A

Community partnerships and problem solving

40
Q

For Areas participating in community outreach/public relations activities/events, the CHP 320 shall be prepared and retained at the Area for a period of how long?

A

One year

41
Q

Area shall forward a copy of the CHP 320 each quarter to Division no later than when?

A

the 10th of the month following the quarter

42
Q

Without prior approval of their commander, California Highway Patrol employees shall not participate while on duty in what events?

A

In parades, community or organization celebrations, or advocacy events

43
Q

Can an officer attend an event as CHiPper alone?

A

No. The character’s escort shall be with CHiPper at all times for the wearer’s protection. Characters shall never wander off alone without an escort

44
Q

Eligible employees may receive up to how many hours of mentoring leave per calendar year to participate in mentoring activities, once they have used an equal amount of their personal time for these activities?

A

40 hours

45
Q

The CHP 177A, Daily Mentoring Activity Log, and CHP 177B, Employee Quarterly Mentor Activities are due no later than when to the Area/section mentor coordinator?

A

Ten days after the end of each quarter

46
Q

If a “ward of the court” hearing has commenced pursuant to W&I Code Section 602, what can be released to the public for a juvenile 14 years or older taken into custody for a serious felony?

A

only the name and offense(s) allegedly committed

47
Q

The identity of a suspect prior to arrest cannot be released except for either of what two reasons?

A

Aid an arrest or investigation and/or Warn the public of danger

48
Q

Regarding an officer involved shooting, can the Area PIO release information regarding whether or not the officer was wearing soft-body armor?

A

shall not be provided

49
Q

Specific sobriety checkpoint locations shall not be released sooner than when prior to the checkpoint start time?

A

Two hours

50
Q

Officer GP and Officer Blumpkin arrest Mr. Parker for DUI. Prior to the court proceedings, Mr. Parker complained to his attorney the arresting officers used excessive force including unnecessary touching of Mr. Parker’s genitals. Based on the complaint by Mr. Parker, his attorney filed a Pitchess Motion. Can the SGT who has direct supervision over GP and Blumpkin initiate an investigation of misconduct solely on the basis of the Pitchess Motion?

A

NO. In no case shall a complaint investigation be instituted solely on the basis of a Pitchess Motion

51
Q

(TRUE or FALSE) With prior approval from COMR a graveyard officer who has been scheduled to speak with the media, may discuss his political opinion regarding a sensitive subject such as immigration with the media?

A

True. Personnel shall not discuss, with the news media, matters of a politically sensitive nature without approval from COMR.

52
Q

A fatal collision has occurred and you are the lead investigator. A van arrived after your arrival and enters the collision scene. You see a person get out of the van holding a camera and another person holding a microphone. They appear to be members of the press/media but you are not certain. You ask them to relocate to a safer area and ask for media credentials and photo identification. They say they are independent journalist and both provide you a Channel 123 news company card and Nevada identification cards. Is the company card combined with the out of state identification card acceptable forms of identification?

A

Yes. When requested, members of the press and news media personnel shall provide photo identification when coming in contact with California Highway Patrol (CHP) officers who have jurisdiction over an emergency incident. An acceptable form of identification will be a company identification card or other forms of press identification issued by a news organization.

53
Q

A Sigalert should be issued when a delay of ___ minutes or more will occur to a large number of motorists

A

30 Impending events or circumstances which may cause a delay of 30 minutes or more to a large number of motorists. When any of these conditions exits, a Sigalert should be issued.

54
Q

What does COMR stand for?

A

The office of Community Outreach and Media Relations

55
Q

The morning after you worked a DUI checkpoint the local paper writes an article about the checkpoint and the number of arrests made. What are you required to do with that article?

A

Area’s SHALL obtain and preserve copies of any publications about checkpoints.

56
Q

When it comes to partnering with the community and showing that CHP is concerned with what the community is concerned with. Your area is hosting a community open forum meeting to get community imput. What can you give to the community members prior to this meeting to assist in knowing what topics may need to be covered?

A

A CHP 414 (Community service survey)

57
Q

An officer is in the midst of a legal trial regarding the arrest and apprehension of a murder suspect. Prior to the trial the Area Office receives a hand-delivered Pitchess motion. Upon receipt of the motion how soon shall LCU (Legal Coordination Unit) be notified?

A

Immediately

58
Q

True or false, as a supervisor you may initiate complaint proceedings against an officer who receives a Pitchess Motion.

A

False* (Pitchess motions are not a result of a complaint or grounds to initiate a complaint, it is a legal motion only)

59
Q

As a sergeant you are called upon to conduct a media interview at the scene of an officer involved shooting. You opine that the shooting will be found to be justifiable and no criminal charges to the involved officers are expected. Whether or not you are correct, have you violated policy?

A

Yes* (Offering you opinion on any matter is a violation of policy)

60
Q

All matters regarding, public outreach, media communications, and matters of political sensitivity have oversight through which office?

A

Community outreach and Media Relations*

61
Q

OIC Remington was busy reading a magazine while in stall 1, and could not make it out to the scene and did not make contact with the in-custody. Are OIC Remington’s personnel records discoverable under a Pitchess Motion?

A

NO!! HPM 120.1 Chap 1-3
Evidence Code Section 1047 prohibits disclosure of the records of peace officers who were not present during the arrest or who had no contact with the individual seeking disclosure from the time of arrest-through the booking process.

62
Q

True or False? In order to receive paid Mentoring Leave, An employee must use an equal number of hours of their personal time (annual leave, vacation, personal leave, personal holiday, or compensated time off [CTO] credits during the work day and/or personal time during nonworking hours) prior to requesting mentoring leave.

A

True

63
Q

You are the OIC of a Grinder with 3 fatalities. There are multiple news media people at the scene covering the collision. You see one individual that looks out of place and is taking photographs of the scene. You contact this individual and ask for his credentials. He tells you he is an independent photographer/reporter and shows you his ID and a Press Pass issued by Sacramento PD. Is this an acceptable form of a Press Credential per our policy?

A

Yes! Press credentials issued by any other law enforcement agency shall be
acceptable forms of press identification for any member of the press