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Sgt Exam 2025 - JT/RC/SH > HPM 70.1 Evidence Manual > Flashcards

HPM 70.1 Evidence Manual Flashcards

1
Q

What is the definition of “Direct Evidence”?

A

Evidence that directly proves a fact, without the necessity of an inference.

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2
Q

What is the definition of “Circumstantial Evidence”?

A

Evidence that if found to be true, proves a fact from which an inference of the existence of another fact may be drawn.

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3
Q

What is the definition of “Testimonial Evidence”?

A

Evidence presented orally or in deposition form by a lay witness, expert witness or suspect.

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4
Q

What is the definition of “Physical Evidence”?

A

Any tangible object that can establish the commission of a crime and can provide a link between a crime and it’s victim or suspect.

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5
Q

What are the 5 criteria of Physical Evidence Evaluation?

A

Relevancy - Meaningful and related to the case.

Identifiable - Evidence same as found at the scene.

Legally Obtained - Evidence was not illegally gathered.

Continuity - Unbroken chain of possession.

Integrity - Evidence must not be contaminated or mixed.

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6
Q

Commands should establish a list of resources available from Division/HQ and Allied Agencies for Crime Scene Investigation. What types of resources would this list include and who should have access?

A

All supervisors and officers in charge should have access - The list should include contacts for crime lab personnel for evidence collection, canine units for searches, FBI contacts for specialized analysis of evidence etc.

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7
Q

What is the most important phase of crime scene investigation and who’s duty is it?

A

To protect the crime scene and preserve evidence, this is generally the primary duty of the first officer to arrive.

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8
Q

What type of information should a crime scene log entail?

A

Personnel entry and exit, signing ingress and egress.

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9
Q

If outdoors or large interiors are involved, how large should the crime scene be expanded?

A

Initially at least twice the distance from the center of the scene to the farthest known piece of evidence.

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10
Q

What CHP form is used to evidence and related chain of custody?

A

CHP 36

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11
Q

Once a suspect has been arrested who should advise of Miranda and interrogate?

A

Normally the investigating officer. Any voluntary statements should be recorded before / after Miranda advisement.

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12
Q

TRUE or FALSE
Juveniles shall be advised of their rights/Miranda regardless of questioning.

A

TRUE
W&I Code 625

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13
Q

Should investigatory field notes be retained?

A

If the notes were incorporated into a formal report and the report accurately reflects the contents of the notes, the notes do not need to be retained. The decision to retain notes is at the discretion of the investigator.

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14
Q

Do all Audio/Video recordings of interviews and interrogations need to be preserved?

A

Yes. If possible have the recording transcribed and certified for accuracy as well.

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15
Q

If the collection of evidence in a complex scene is beyond the capabilities of present personnel who should be contacted?

A

The Command should keep an updated list of Allied Agency resources / Crime Laboratory Investigator staff.

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16
Q

In addition to preservation of evidence what other considerations should be noted when preparing to investigate a crime scene?

A

Documentation - Entry/Exit Log / Notes / Sketches and Diagrams

Photography - Documenting the scene with photos / videos

Associated Evidence - Any associated evidence could be destroyed or inadvertently tampered with during collection (i.e. fingerprints / DNA).

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17
Q

TRUE or FALSE
When evidence is collected it should remain in the original container in which it was originally discovered. Drugs should be weighed and packaged in a departmentally approved manner.

A

TRUE

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18
Q

TRUE OR FALSE
Biological materials (blood/semen/saliva/fingerprint/plant material/moist items) can be packaged in plastic bags.

A

FALSE
Plastic may cause the specimen to retain moisture which promotes bacterial growth and sample deterioration. Plastic should not be used.

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19
Q

TRUE OR FALSE
Staples should be used to seal evidence in any type of container.

A

FALSE
Staples create a puncture danger and also deteriorate any packaging seal.

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20
Q

TRUE OR FALSE
Large quantities of controlled substances in excess of 10 lbs gross weight, or 2 lbs for growing/harvested cannabis, MAY be destroyed without a court order so long as the specific requirements are satisfied.

A

TRUE
Section 11479 H&S cover the requirements. They include weighing the substances, samples taken for evidence, photographs etc.

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21
Q

What should a pistol seized for evidence requiring forensic testing be placed in if a gun box is not available?

A

A manilla envelope.

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22
Q

If a rifle is seized for evidence, a rifle box ______ be brought to the scene to transport the rifle.

A

SHOULD

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23
Q

What steps should be followed when collecting computer hardware?

A
  • Immediately restrict access to the machine
  • Do not use the computer in an attempt to search for evidence
  • Photograph the area, including the screen if the computer is on. If the screen is asleep move the mouse or press a key to take a photograph of the desktop
  • If the computer is off, do not turn it on
  • If a laptop is collected, remove the battery
  • Remove any network cables to prevent remote access
  • Package the computer equipment and note any equipment locations
  • Do not place the equipment near the patrol vehicle’s radio to prevent interference damage
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24
Q

What steps should be followed when collecting cellular devices / tablets / digital cameras?

A
  • If the device is off, leave it off
  • If the device is on, leave it on and keep it charged. Powering down could prompt a security password
  • Photograph the device screen
  • If the device is on, remove the SIM card and if possible place the device in airplane mode
  • When seizing storage media, collect any associated notes and/or manuals
  • Prevent the device from receiving / connecting to a wireless network
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25
Q

All evidence _____ be marked for easy identification and packaged to avoid contamination, degradation and to ensure the integrity of the evidence.

A

SHALL

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26
Q

Employees _____ place all evidence and property in the designated evidence/property temporary storage lockers prior to the end of their shift. Employees _____ not store evidence or property in a personal locker or any other location. Property officer _____ enter all evidence/property into the evidence management software prior to the end of their shift.

A

SHALL
SHALL
SHALL

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27
Q

With the exception of blood/urine kits, what shall be used to securely close paper and cardboard packaged items and how should it be used? Conversely, what shall NOT be used?

A

Strapping tape. The tape should be around the circumference of the entire package, overlapping the ends of the tape to the back side of the container.

STAPLES shall not be used!

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28
Q

To prevent exposure to biological hazards, what precautions should be taken?

A
  • Wear PPE
  • Never shake items with blood (dried blood too)
  • Hold items with blood away from the body
  • If exposed, wash the area immediately
  • If exposed in the eyes, flush with a large amount of water
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29
Q

Exposures to evidentiary biological materials ______ be immediately reported to a supervisor (after wash/decontamination measures have been taken).

A

SHALL

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30
Q

Who owns digital media taken by employees during the course of their duties? Can employees make copies or distribute that media?

A

The Department. No, unauthorized copying / distribution is prohibited.

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31
Q

Should photographs be booked into evidence for minor crashes involving infractions?

A

No

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32
Q

What type of gloves should be used to handle drugs?

A

Disposable, high-risk nitrile gloves.

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33
Q

All controlled substances (except marijuana) and all unknown substances _____ be double bagged and sealed using heat seal polyester bags.

A

SHALL

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34
Q

TRUE OR FALSE
Different types of drugs or controlled substances shall be packaged and weighed individually.

A

TRUE

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35
Q

TRUE OR FALSE
There shall be no more than one item type/drug/substance per package.

A

TRUE

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36
Q

Blue “Sensitive Item” serialized evidence tape strips _____ be used when sealing drugs/controlled substances. The tape’s serial number _____ be annotated in the evidence management software system for that item number.

A

SHALL
SHALL

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37
Q

TRUE OR FALSE
All drugs, controlled substances (including pills) and marijuana submitted into evidence shall be weighed both prior and after packaging. Both of those weights shall be recorded in the evidence management software.

A

TRUE

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38
Q

TRUE OR FALSE
Item weight (Net) is the weight of the item in its original packaging while Package weight (Gross) is the weight of the item in its original packaging and evidentiary packaging.

A

TRUE

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39
Q

How should firearms be packaged?

A
  • One firearm per cardboard box
  • Unloaded and safe
  • Slide in the open position and blocked (zip ties or flexi-cuffs work) to prevent closure - through the magazine well and out through the ejection port
  • Revolvers shall have the cylinder open and blocked to prevent closure
  • Ammunition magazine shall NOT be unloaded if submitting for forensic testing
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40
Q

How should flammables and explosives be stored?

A

Outside the office in a properly ventilated bulk evidence room with a locked cabinet if equipped. Explosives SHALL never be stored in the office.

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41
Q

How many employees are needed to verify a money count prior to evidence submittal?

A

Two, one of whom must be a supervisor.

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42
Q

What is the threshold for money to be stored directly in the evidence safe, rather than a temporary evidence locker? Who should be notified of money above this threshold for notification and processing purposes?

A

$1,000
During normal business hours, the evidence officer or commander shall be notified to immediately secure and process the items. Outside of business hours the aforementioned individuals shall be notified to respond to the office to process

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43
Q

TRUE OR FALSE
Foreign currency that is not being returned shall be sent to FMS (Fiscal Management Section) upon adjudication or disposition utilizing a CHP 230 (Transmittal Record).

A

TRUE

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44
Q

Upon adjudication or disposition, what should be done with currency that is badly damaged and/or contaminated with hazardous materials (such as blood, controlled substances, mold, etc.)?

A

It should be sent to FMS, double bagged and marked as hazardous via a CHP 230 (Transmittal Record). Damaged/Contaminated currency should never be intermingled with normal currency.

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45
Q

How are needles and syringes stored?

A

A labeled, closeable, puncture/splatter proof container.

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46
Q

Can officers attempt to re-cap needles/syringes or remove their contents?

A

NO. Unless trained and certified, staff should never attempt to recap or remove contents.

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47
Q

What database should be checked before booking serialized evidence to see if there is a record of it being stolen?

A

APS (Automated Property System)

48
Q

If APS (Automated Property System) sends a hit response on serialized property, what happens next?

A

The officer shall print the APS hit and attach it to the CHP 36. The evidence officer or supervisor will then request that the reporting agency be contacted via dispatch to be notified of the recovered property so they can begin the process of contacting the owner.

49
Q

What 6 purposes does the CHP 36 (Property Receipt) serve?

A

1 - Record
2 - Receipt - Required per PC 1412 and Civil Code 2080.10
3 - Notice - The owner has the right to a property hearing
4 - Declaration - Person claiming to be owner declares such
5 - Affidavit - Notice of rights of citizens regarding found property
6 - Report - Form for found property

50
Q

When a firearm is taken into evidence, what information at a minimum shall be included on the CHP 36?

A

Make, Model and Serial Number

In addition, the back of the CHP 36 “Release of Firearms” section shall be filled out to notify the claimant where the firearm may be recovered and any applicable time limits.

51
Q

What are the 5 types of evidence classification?

A

1 - Evidence
2 - Found Property
3 - Contraband
4 - Administrative items regarding an internal investigation
5 - Safekeeping

52
Q

When property is taken from an arrestee, does a CHP 36 need to be filled out?

A

YES. The yellow copy will go to the arrestee and the property will be assigned a control # which will be notated on the remaining copies of the CHP 36 at the area office.

53
Q

If applicable, the officer shall check the appropriate box to notify the arrestee of a right to a property hearing. What should be written in the arrestee’s signature area if they refuse to sign?

A

REFUSAL

54
Q

If the owner/claimant waives they claim to property seized, what advisement should they read and sign on the CHP 36?

A

Waiver Advisement - on the back of the Original CHP 36.

55
Q

If a CHP employee or an employee of a public agency find property during the course of their employment, what form shall they complete and can they make a claim on the property?

A

CHP 36 and NO. If found during the course of employment Civil Code Section 2080.3 prohibits a civil/departmental employee from making a claim to found property if it was located during the course of that employee’s duties.

56
Q

What is a UTL file and what should a evidence officer do if they cannot find specific property or evidence?

A

Unable to Locate File - If any property or evidence cannot be located, a supervisor should be notified immediately as well as a e-mail notification. A memo stating it cannot be located along with the CHP 36 and any other supporting paperwork shall be placed in the UTL file.

57
Q

How often shall the UTL file be inspected?

A

Quarterly - During Quarterly Inspections

58
Q

Who can authorize closing out missing property or evidence? What conditions must be met to do so?

A

The Commander - only if the items are of little or no value and that the UTL file has been maintained for a minimum of 60 calendar days from the missing discovery date, and that no criminal charges are associated with the item.

59
Q

How long are items retained in the UTL file?

A

For five (5) years or the retention time based on the statute of limitations for the missing item, whichever is longer.

60
Q

What procedures shall be followed when property taken by members of the Department is to be returned to it’s owner (stolen or embezzled)?

A

The evidence/property officer shall read the Declaration of Ownership on the CHP 36 located on the reverse of page 4. The recipient shall sign and the box below the recipient signature shall be checked. All items shall be photographed prior to release. Money shall be counted in front of the recipient.

61
Q

If property cannot be directly returned to the owner, what shall the property/evidence officer do instead?

A

Mail a property notice to the owner. The notice shall contain an advertisement to telephone the evidence officer for an appointment to release the property. It shall also notify the owner that the property will be disposed of in 60 days if not claimed (CC 2080.10)

62
Q

CHP 36 forms and all other documents attached shall be retained for the life of the evidence plus ____ years.

A

Five (5).

63
Q

Areas shall use a self-contained drug test kit approved by the _____. The name of the kit used and results shall be documented on the corresponding CHP __.

A

Court
CHP 36

64
Q

Commands shall update their SOP to specify who can authorize a presumptive drug kit test, when it is appropriate and how it is to be completed. Can a drug test kit be used on the roadside?

A

No. Presumptive tests shall not be conducted on the roadside, only in a secure environment specifically designed for such testing.

65
Q

All personnel engaged in a presumptive test of any narcotic _____ don the appropriate PPE to minimize potential for exposure

A

SHALL

66
Q

After the drug test kit is used what shall employees do prior to disposal?

A

Utilize the acid neutralizer in a well-ventilated area.

67
Q

TRUE OR FALSE
Eating, drinking or smoking shall not be allowed in the areas where controlled substances are stored or handled.

A

TRUE

68
Q

Employees utilizing the self-contained drug test kits _____ review the instructional video prior to testing any substances.

A

SHALL

69
Q

How soon do firearms reported lost or stolen, or are under observation need to be entered into the Automated Firearms System (AFS)?

A

Seven (7) days after being notified of the precipitating event.

70
Q

What is the NIBIN/IBIS database acronym?

A

National Integrated Ballistics Identification Network

Integrated Ballistics Identification System

71
Q

What circumstances should firearms be submitted for analysis into the NIBIN/IBIS database? When should they be submitted?

A

Firearms seized or recovered which were unlawfully possessed, used for an unlawful purpose, recovered at a crime scene, reasonably believed to have ben used or associated with the commission of a crime or an abandoned/discarded firearm.

As soon as practicable.

72
Q

What is the acronym for the DOJ database SAFE-T? What is it used for?

A

Sexual Assault Forensic Evidence Tracking.
Information profiles for sexual assault evidence kits.

73
Q

When does a profile need to be created in SAFE-T? Does the profile include identifying information about the victim?

A

Within 120 days of a sexual assault kit being collected. The information profile is only for the kit, it maintains the anonymity of the victim.

74
Q

When are CHP areas responsible for entering information profiles into SAFE-T?

A

Areas which utilize DOJ BFS (Bureau of Forensic Sciences) labs are responsible. Areas which do not shall contact their respective labs and determine who will be responsible.

75
Q

Are suspect kits entered into SAFE-T?

A

No, only victim kits.

76
Q

What are the six (6) methods of general evidence disposal for adjudicated, rejected or declined cases / unclaimed property?

A

1 - Return to owner/finder (if not contraband or used in the commission of a crime).
2 - Destruction / Discard (includes items of little or no value).
3 - Sale (Department does not auction. Items for sale shall be sent to supply services unit with a CHP 266B).
4 - Departmental Use (For training and educational purposes).
5 - Donations to charity (bedding, clothing, books, glasses, etc).
6 - Recycled

77
Q

How often should evidence be purged?

A

Weekly basis utilizing one of the 5 disposal methods if applicable.

78
Q

How often should infraction/misdemeanor cases be checked to see if evidence can be purged?

A

After 6 months.

79
Q

How often should felony evidence be checked to see if evidence can be purged?

A

One (1) year after booking and every year thereafter.

80
Q

If a prosecutor declines a case, the court officer shall notify the evidence officer within ___ business days.

A

Two (2).

81
Q

Adjudication records received by the court officer shall be forwarded to the evidence officer within ___ business days.

A

Two (2).

82
Q

For adjudicated cases, evidence must be held until the appeals period has ended. What is the appeals period for Felonies, Misdemeanors and Juvenile cases?

A

Felonies - 90 days
Misdemeanors - 60 days
Juveniles - 90 days

83
Q

Section 2080.10 CC requires property be held for 60 days before disposal unless the owner notifies the Department in writing. How long shall the property be additionally held for in that case?

A

An additional 10 months for a period not to exceed 12 months (60 days + 10 months).

84
Q

How long should evidence (including biological material) from threshold incidents (G.O. 100.80) be retained for?

A

For at least 10 years unless otherwise specified by OIA (Internal Affairs), ORM (Risk Management) or OLA (Legal Affairs). If the incident resulted in incarceration, the evidence shall be held for 10 years or the length of the incarceration, whichever is longer. This includes biological material.

85
Q

What is the retention period for Multidisciplinary Accident Investigation Team (MAIT) evidence?

A

Retained based on the circumstances of the acquisition.

86
Q

How long are blood and urine samples required to be retained? Does early adjudication absolve the Department from that retention period?

A

1 year. No, it does not. Cases involving a warrant shall be retained until adjudication and appeals time period has ended.

87
Q

A person taken into custody under W&I Code 5150 shall not own, possess, control, receive, or purchase any firearm for a period of ____ years after release from the facility.

A

Five (5).

88
Q

What Department of Justice - Bureau of Firearms form is used to request the release of a firearm from law enforcement custody?

A

BOF 109.

89
Q

After a W&I Code 5150 hold, and upon release from the facility, the Department has ______ days to file a petition for a hearing to determine if the return of a firearm would be likely to result in danger to that person or others.

A

Thirty (30).

90
Q

If a firearm with a destroyed/obliterated serial number cannot be restored by a local lab within a reasonable amount of time, the area should transport the firearm to __________ for destruction (Unless the DOJ assigned a new serial number if the weapon is being converted to a Departmental firearm).

A

Academy Weapons Control Unit

91
Q

When firearms are seized related to a Domestic Violence incident, the Department has _____ days from the date of seizure to initiate a petition with the court to determine whether the firearm should be returned.

A

Sixty (60)

92
Q

What is the centralized location for all firearms and weapons disposal?

A

Academy Weapons Control Unit

93
Q

How long should documents relating to the destruction/disposal of firearms/weapons be held at the command level?

A

Five (5) years from the date they were sent to the Academy Weapons Control Unit

94
Q

How many employees should be present when packaging firearms?

A

Two (2). The second shall act as a supervisor/safety officer.

95
Q

How often shall evidence/property inventory be inspected? How many items shall be inspected?

A

Quarterly.

At least 10 percent of items or property numbers with a minimum of 10 items shall be inspected. If discrepancies are found, an additional 10 percent or 10 items shall be inspected. If additional discrepancies are found, the entire property system shall be inspected.

96
Q

How many unscheduled (unannounced) inspections of the evidence/property room shall be conducted per calendar year?

A

At least one.

97
Q

Unclaimed personal property shall be disposed of after a period of __ days.

A

Ninety (90)

98
Q

What is the maximum number of “do not duplicate” marked key sets for temporary storage and other storage units an area can have? Who shall spare keys be designated to?

A

Two (2) sets
The commander or commander’s designee

99
Q

TRUE OR FALSE
Whenever a change of property/evidence officer occurs, the locks to the property/evidence room shall be changed and/or the biometric access shall be immediately updated. This shall be documented on a memorandum to the area and a copy placed in the inspection file.

A

TRUE

100
Q

What are the 13 rules for property/evidence room security?

A

1 - Shall be secured with a dead-bolt lock
2 - Shall NOT have windows
3 - Primary and alternate property/evidence officer shall be present when anyone else is in the room
4 - Shall not be used for storage of items personnel need access to
5 - Passthrough locker shall be secured from the inside to prevent unauthorized entry
6 - Properties shall not be left in temporary lockers for more than one (1) business day
7 - False ceilings are prohibited
8 - Should NOT be identified with signs or markings
9 - Areas that store narcotics shall have adequate ventilation
10 - Firearms should be stored separately
11 - Safekeeping items should be stored separately
12 - Should have shelves / bins / drawers
13 - Cabinets used instead of rooms shall be constructed and secured to prevent tampering and unauthorized entry

101
Q

TRUE OR FALSE
Permission from a supervisor or OIC shall be obtained prior to impounding a vehicle for evidence per 22655.5 VC.

A

TRUE

102
Q

TRUE OR FALSE
Any tow company on an area rotation can be used for evidence tows (22655.5)

A

FALSE

103
Q

TRUE OR FALSE
A CHP 180 AND CHP 36 shall be completed for all vehicles taken for evidence. Evidence tow operator shall sign both. Receipt for both shall be provided to the tow operator. Tear off CHP 36 shall be placed in a plastic CHP evidence bag and placed in the glove box. Original CHP 36, copy of CHP 180 and all search warrant documents shall be submitted to the evidence officer.

A

TRUE

104
Q

The evidence officer shall provide notification to the local district or city attorney within __ hours of impounding a vehicle for 22655.5 VC.

A

Seventy-Two (72) hours.

105
Q

What is a CHP36D? How often is it completed?

A

MVARS evidence log - to be completed each day documenting all DVD’s issued for the day.

106
Q

Who verifies MVARS DVDs are properly marked? Who can retrieve MVARS DVDs from the temporary evidence locker?

A

Coordinators, supervisors or managers.

107
Q

What form is used to request a copy of a MVARS DVD? Who approves the request? Who processes the request?

A

CHP 36F.
A supervisor.
The coordinator.

108
Q

TRUE OR FALSE
MVARS DVDs should be reviewed for any private third-party info or for officer safety issues.

A

TRUE

109
Q

Generally a requestor is entitled to a copy of their MVARS event. How does this differ between criminal, civil and traffic cases?

A

For criminal cases - if charges have not been filed and the investigation is ongoing, that is informal discovery and is denied. Formal discovery can be submitted through the district attorney’s office.
For civil cases - parties are generally entitled (barring third-party info or officer safety issues).
For traffic cases - they may be released to the defendant as long as the event does not contain third-party info or officer safety issues.

110
Q

For Admin per se hearings (Automatic DMV license suspension for DUI), a requestor shall sign and submit what form for the MVARS DVD?

A

CHP 36M. This prohibits the use of the copy outside of the scope of the Admin per se hearing.

111
Q

What are the procedures if a requestor refuses to sign the CHP 36M prior to a Admin per se hearing?

A

If the requestor refuses to sign at least 4 days prior to the hearing, Area should submit a written motion for a protective order to DMV and contact OLA for guidance. If the requestor refuses tp sign less than 4 days prior, the officer should make an oral motion for a protective order and contact OLA for guidance. If the protective order isn’t granted, a continuance should be asked for. If the continuance isn’t granted, the officer shall allow for viewing and/or surrender the DVD at the request of the DMV hearing officer. Again, contact OLA for guidance.

112
Q

Are MVARS DVDs required to be inspected during annual or change of command inventories (or only quarterly)?

A

Only quarterly, due to the high volume of discs. However, a 100% inventory shall be conducted if a reasonable amount of discrepancies are revealed during the quarterly inspection.

113
Q

How should MVARS quarterly inspections be conducted?

A

10% of the CHP 36Ds for the quarter and verify each MVARS DVD corresponds with the 36D, that the DVDs and sleeves are properly marked and that they are filed in sequential order. Evidence supervisor should check one DVD per month to ensure it plays and is free of degradation (not viewed for content). If discrepancies are found, an additional 10% shall be inspected. If discrepancies are found again, 100%.

114
Q

What is the retention period for MVARS DVDs?

A

One year per 34090.6 GC. All DVDs used for administrative purposes shall be retained for 5 years.

115
Q
A

Sgt Exam 2025 - JT/RC/SH (24 decks)

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