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

Question 1

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

Answer 1

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.

Question 2

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

Answer 2

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.

Question 3

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?

Answer 3

Pitchess Motion

Question 4

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

Answer 4

five years

Question 5

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

Answer 5

The Office of Community Outreach and Media Relations (COMR)

Question 6

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

Answer 6

CHP 320 PUBLIC RELATIONS ACTIVITY SUMMARY

Question 7

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

Answer 7

The Commissioner’s Office

Question 8

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

Answer 8

may be

Question 9

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

Answer 9

may be

Question 10

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

Answer 10

shall not be

Question 11

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.

Answer 11

shall be

Question 12

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

Answer 12

Area commander

Question 13

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?

Answer 13

Yes (90.1 / 5-10)

Question 14

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).

Answer 14

False (is not releasable)

Question 15

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.

Answer 15

TRUE

Question 16

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)

Answer 16

Five (5)

Question 17

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.?

Answer 17

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

Question 18

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?

Answer 18

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

Question 19

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.

Answer 19

20 / 15

Question 20

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

Answer 20

11-14

Question 21

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

Answer 21

15-19

Question 22

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

Answer 22

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

Question 23

Fatal victim information is only releasable through who?

Answer 23

Coroner

Question 24

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

Answer 24

48

Question 25

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

Answer 25

True

Question 26

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.

Answer 26

True

Question 27

When can media access be denied?

Answer 27

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

Question 28

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

Answer 28

Collision - the name, age, and hometown

Arrest – age and hometown

Question 29

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

Answer 29

BAC test results are not releaseable

PAS results are consider public information and can be released

Question 30

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

Answer 30

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

Question 31

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

Answer 31

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

Question 32

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

Answer 32

No, they are not

Question 33

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

Answer 33

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

Question 34

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.

Answer 34

Office of Community Outreach and Media Relations

Question 35

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

Answer 35

No

Question 36

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?

Answer 36

no

Question 37

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

Answer 37

No.

Question 38

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

Answer 38

Legal Coordination Unit

Question 39

What are the pillars of community outreach?

Answer 39

Community partnerships and problem solving

Question 40

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?

Answer 40

One year

Question 41

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

Answer 41

the 10th of the month following the quarter

Question 42

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

Answer 42

In parades, community or organization celebrations, or advocacy events

Question 43

Can an officer attend an event as CHiPper alone?

Answer 43

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

Question 44

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?

Answer 44

40 hours

Question 45

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?

Answer 45

Ten days after the end of each quarter

Question 46

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?

Answer 46

only the name and offense(s) allegedly committed

Question 47

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

Answer 47

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

Question 48

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

Answer 48

shall not be provided

Question 49

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

Answer 49

Two hours

Question 50

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?

Answer 50

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

Question 51

(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?

Answer 51

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

Question 52

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?

Answer 52

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.

Question 53

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

Answer 53

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.

Question 54

What does COMR stand for?

Answer 54

The office of Community Outreach and Media Relations

Question 55

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?

Answer 55

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

Question 56

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?

Answer 56

A CHP 414 (Community service survey)

Question 57

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?

Answer 57

Immediately

Question 58

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

Answer 58

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

Question 59

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?

Answer 59

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

Question 60

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

Answer 60

Community outreach and Media Relations*

Question 61

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?

Answer 61

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.

Question 62

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.

Answer 62

True

Question 63

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?

Answer 63

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