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Truckee 2024 Study Group > HPM 70.1 Evidence Manual (Quiz 1 > Flashcards

HPM 70.1 Evidence Manual (Quiz 1 Flashcards

1
Q

Probably the most important phase of the investigation of any criminal offense is the proper protection of the ___ so that all evidence is preserved in its original state.

a. Suspect

b. Victim

c. Evidence

d. Crime scene

A

d. Crime scene

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2
Q

If outdoors or large interiors are involved, the scene should initially be identified as ___ from the center of the scene to the farthest known piece of evidence.

a. The entire distance

b. Twice the distance

c. Half the distance

d. The exact distance

A

b. Twice the distance

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3
Q

It is not necessary to retain field notes if all of the following conditions are met: (except)

a. They are incorporated into a formal report.

b. The notes are copied (Xerox or PDF) in original condition.

c. The formal report accurately reflects the contents of the notes.

d. The prosecutor turns over a copy of the formal report to the defense counsel before trial.

A

b. The notes are copied (Xerox or PDF) in original condition.

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4
Q

Audio recordings taken with a digital recording device or other device, where the possibility exists that the recording could have evidentiary value, ___ be booked into evidence. Audio recordings, taken by employees while in performance of their duties, are the property of the Department.

a. Should

b. Shall

c. May

d. Must

A

b. Shall

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5
Q

Evidence gathered during an administrative investigation ___ be treated the same as evidence gathered during a criminal investigation. The evidence ___ be retained for a minimum of five years or the life of the investigative file, whichever is longer.

a. Should, should

b. Shall, shall

c. May, should

d. Must, shall

A

b. Shall, shall

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6
Q

In the investigation of any crime or accident, a Department employee should preserve all available evidence.

a. True

b. False

A

b. False

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7
Q

Nothing of evidentiary value should be moved or altered until its original condition and position have been ___.

a. Photographed

b. Diagramed

c. Recorded

d. Videoed

A

c. Recorded

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8
Q

The evidence officer ___ have the “right of refusal” prior to taking custody of any evidence that is improperly packaged. All items that are improperly packaged should be returned by the evidence officer to the booking officer or to a supervisor with information on how to properly package the item.

a. Should

b. Shall

c. May

d. Must

A

b. Shall

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9
Q

Large quantities of controlled substances (in excess of ten pounds) may not be destroyed without a court order pursuant to Health and Safety Code (H&S) Section 11479.

a. True

b. False

A

b. False

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10
Q

For computer evidence, if the computer is “on” and utilizes a Microsoft Windows operating system, pull the power plug from the back of the computer.

a. True

b. False

A

a. True

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11
Q

All items submitted for storage shall be packaged in the same manner regardless of the reason for the item’s storage (property and evidence).

a. True

b. False

A

a. True

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12
Q

Employees shall place all evidence and property in the designated evidence/property temporary storage lockers prior to the ___.

a. Arraignment

b. Preliminary hearing

c. End of work shift

d. Statute of limitations

A

c. End of work shift

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13
Q

Employees ___ not store evidence or property in a personal locker or any other location.

a. Should

b. Shall

c. May

d. Must

A

b. Shall

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14
Q

The blue sensitive item serialized evidence tape strips ___ also be used for items of value such as jewelry.

a. Should

b. Shall

c. May

d. Must

A

c. May

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15
Q

No package ___ be opened in order to verify contents during any audit, inventory, or command inspection.

a. Should

b. Shall

c. May

d. Must

A

b. Shall

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16
Q
  1. All packaged items ___ have a barcode label placed on the package.

a. Should

b. Shall

c. May

d. Must

A

b. Shall

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17
Q

Except for felony cases where the item has evidentiary value, such as fingerprints or the contents are suspected of containing illegal substances like Rohypnol, or cases involving persons under 21 years of age, alcoholic beverages should not be seized and retained.

a. True

b. False

A

a. True

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18
Q

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

a. Should

b. Shall

c. May

d. Must

A

b. Shall

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19
Q

Marijuana ___ be completely dry before packaging and shall be packaged in paper envelopes or bags.

a. Should

b. Shall

c. May

d. Must

A

d. Must

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20
Q

Officers ___ dry wet marijuana in a dryer prior to packaging.

a. Should

b. Shall

c. May

d. Must

A

a. Should

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21
Q

Pills shall be weighed and not counted.

a. True

b. False

A

a. True

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22
Q

Drugs with a street value of $1,000 or greater shall not be stored in a temporary evidence locker (including pass-through cabinets). They shall be secured inside the evidence room immediately after packaging.

a. True

b. False

A

b. False

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23
Q

Any package that appears to have been opened or tampered with, after laboratory analysis, shall be returned to the laboratory to be analyzed again. The evidence supervisor shall be notified ___.

a. Immediately

b. Before the end of shift

c. As soon as possible

d. As soon as practical

A

a. Immediately

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24
Q

All firearms shall be secured in an appropriately sized gun box using nylon cable ties; one firearm per box. Do not seal the box.

a. True

b. Fals

A

a. True

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25
Q

Flammables ___ be stored outside the office in a properly ventilated bulk evidence room within a locked cabinet designed for the storage of flammables, if so equipped. Explosives ___ never be stored in an Area office.

a. Should, should

b. Shall, shall

c. Should, shall

d. Shall, should

A

b. Shall, shall

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26
Q

Money shall be counted by ___ employees regardless of amount, one of whom ___ be a supervisor.

a. Two, should

b. Two, shall

c. Three, should

d. Three, shall

A

a. Two, should

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27
Q

Money in excess of ___, seized as evidence or for safe keeping, shall not be stored in a temporary evidence locker/cabinet (including pass-through cabinets).

a. $250

b. $500

c. $1,000

d. $2,500

A

c. $1,000

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28
Q

Officers shall not remove the contents from a syringe.

a. True

b. False

A

a. True

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29
Q

What are the six purposes of a CHP 36?

a. ___

b. ___

c. ___

d. ___

e. ___

f. ___

A

a. ___ Record

b. ___ Receipt

c. ___ Notice

d. ___ Declaration

e. ___ Affidavit

f. ___ Report

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30
Q

Department employees who find property during the course of employment shall complete a CHP 36. Civil Code Section 2080.3 allows a departmental employee to make a finder’s claim to such property, if the property was found in the course of employment and the property is held for a period of 90 days.

a. True

b. False

A

b. False

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31
Q

The CHP 36 forms and all other documents attached to it shall be retained for the life of the evidence plus ___.

a. 6 months

b. 1 year

c. 3 years

d. 5 years

A

d. 5 years

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32
Q

NIK-Kits are the only drug testing kits currently authorized for use by the Department.

a. True

b. False

A

b. False

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33
Q

All firearms and conductive energy weapons whether found, seized as evidence, or held for safekeeping, coming into the possession of the Department shall be entered into the AFS.

a. True

b. False

A

a. True

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34
Q

The ___ should consistently check and document the status of cases, and work closely with the courts or court officer to prevent the premature disposal of evidence.

a. Evidence officer

b. Evidence supervisor

c. Area commander

d. Bureau of Internal Affairs

A

a. Evidence officer

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35
Q

Purging of evidence is a constant, ongoing process. Evidence officers should purge evidence on a ___ basis. Daily purging is advisable in offices with a significant volume of evidence.

a. Daily

b. Weekly

c. Monthly

d. Quarterly

A

b. Weekly

36
Q

The case status on misdemeanor/infraction evidence shall be checked after ___.

a. 1 month

b. 3 months

c. 6 months

d. 12 months

A

c. 6 months

37
Q

The case status on felony evidence shall be checked ___ after booking and every year thereafter.

a. 1 month

b. 3 months

c. 6 months

d. 1 year

A

d. 1 year

38
Q

In the event the appropriate prosecutor declines to file a case, the evidence shall be disposed of ___ days after the date of arrest. The court officer shall notify the evidence officer within two working days of cases the prosecutor has declined to file when there is evidence associated with that case.

a. 30 days

b. 60 days

c. 90 days

d. 180 days

A

c. 90 days

39
Q

Evidence of offenses punishable by death or life imprisonment; or which involve the embezzlement of public money or falsification of public documents: hold ___.

a. 180 days

b. 1 year

c. 5 years

d. Indefinitely

A

d. Indefinitely

40
Q

Evidence of felony sexual offenses: hold for ___ year(s).

a. 1

b. 3

c. 5

d. 10

A

d. 10

41
Q

Evidence of offenses punishable by imprisonment for eight years or more: hold for ___ years.

a. 2

b. 4

c. 6

d. 8

A

c. 6

42
Q

Evidence of 368 PC felonies (except theft or embezzlement): hold for ___ years.

a. 1

b. 3

c. 5

d. 7

A

c. 5

43
Q

Evidence of offenses punishable by imprisonment in state prison (all other felonies not covered above): hold for ___ years.

a. 1

b. 3

c. 5

d. 7

A

b. 3

44
Q

Evidence of misdemeanors/infractions (except 647.6 PC and 729 B&P): hold for ___ year(s).

a. 1

b. 3

c. 5

d. 7

A

a. 1

45
Q

Adjudicated case evidence must continue to be held until the period for appeals has expired as follows:

a. Felonies: ___

b. Misdemeanors: ___

c. Juvenile cases: ___

A

a. Felonies: ___90 days.

b. Misdemeanors: ___60 days.

c. Juvenile cases: ___90 days

46
Q

Evidence used in administrative proceedings will be retained until the proceedings have been completed and the period for appeals has expired.

a. True

b. False

A

a. True

47
Q

For found items, if the value of the property is less than $___ and, after 90 days no one has claimed ownership, it may be given to the finder.

a. $500

b. $250

c. $100

d. $50

A

b. $250

48
Q

If the value is more than $___, and no one has claimed the property after 90 days, the evidence officer will place a notice describing the property in a local newspaper of general circulation for one day. If it is still unclaimed after seven days, it shall be given to the finder after payment for the advertising cost is paid.

a. $500

b. $250

c. $100

d. $50

A

b. $250

49
Q

A ___ of return is needed for the release of marijuana stored as evidence.

a. Warrant

b. Court order

c. CHP 36

d. Memorandum

A

b. Court order

50
Q

A warrant is required for the destruction of controlled substances, including items not used as evidence (Section 11473.5 H&S). If controlled substances and/or paraphernalia

were obtained in connection with a court order, a separate warrant for each case must be obtained for disposal (Section 1536 of the Penal Code).

a. True

b. False

A

b. False

51
Q

Some allied agencies may accept controlled substances from the California Highway Patrol (CHP), which they will burn with their drugs at no cost to the Department.

a. True

b. False

A

a. True

52
Q

For disposal of controlled substances, all shipments will be escorted by ___ employees to ensure accountability. At least one of the employees shall be an officer.

a. Two

b. Three

c. Four

A

a. Two

53
Q

For disposal of controlled substances, an Area evidence supervisor will witness the destruction with the evidence coordinator. Both will sign all pages of the original copy of the CHP 37, to show all items were received and burned.

a. True

b. False

A

a. True

54
Q

A person taken into custody pursuant to Section 5150 of the Welfare & Institutions (W&I) Code shall not own, possess, control, receive, or purchase any firearm for a period of ___ year(s) after being released from the facility (refer to Section 8103 W&I).

a. 1

b. 3

c. 5

d. 7

A

c. 5

55
Q

Areas and Divisions shall not release a firearm and its ammunition on the same day as this may create an officer safety issue.

a. True

b. False

A

b. False

56
Q

Weapons seized pursuant to Section 18250 PC, domestic violence incidents, shall be held at least ___ hours pursuant to Section 18265 PC.

a. 24

b. 48

c. 72

A

b. 48

57
Q

Division Investigative Services Units (ISU) may use temporary storage lockers for maintaining documentary property during an investigation.

a. True

b. False

A

a. True

58
Q

During an evidence inspection, a random sample of property sufficient to validate the integrity of the system shall be verified. At least ___ percent of items or property numbers, with a minimum of ___ items or property numbers, from activities that

occurred within the property system from the date of the last inspection to current, shall be inspected.

a. 10%, 10

b. 10%, 20

c. 20%, 10

d. 20%, 20

A

a. 10%, 10

59
Q

If, during an evidence inspection, discrepancies are revealed, an additional 10 percent of the items, or at least ten additional items, shall be inspected.

a. True

b. False

A

a. True

60
Q

Property supervisors shall document inspections on a ___ to the Area.

a. CHP 36

b. CHP 37

c. CHP 38

d. Memorandum

A

d. Memorandum

61
Q

The Area commander or designee shall conduct at least ___ unscheduled (unannounced) inspection of the property room per calendar year. The commander or designee shall enter the property room and inspect for cleanliness, security, and order. At least ___ property receipts shall be traced to assure they are accounted for and properly documented.

a. One, 10

b. Two, 10

c. One, 5

d. Two, 5

A

a. One, 10

62
Q

Inventories shall be conducted ___ to ensure the integrity of the system and shall include all items which have been bar coded.

a. Monthly

b. Quarterly

c. Biannually

d. Annually

A

d. Annually

63
Q

An inventory ___ be conducted upon change of command, change of property officers, and any time there is doubt as to the integrity of the system.

a. Should

b. Shall

c. May

d. Must

A

b. Shall

64
Q

Inventories conducted upon a change of property officer should be conducted by the former property officer, the new property officer, and the Area commander.

a. True

b. False

A

b. False

65
Q

A security log shall be maintained in the property room. The log shall document all entry into the property room by any person other than the primary property officer.

a. True

b. False

A

a. True

66
Q

The number of key(s) to the property room shall be limited to the number of primary property officers assigned to the command plus the commander’s emergency access key(s).

a. True

b. False

A

a. True

67
Q

There shall be a maximum of ___ set(s) for the temporary storage lockers and/or other storage unit(s).

a. One

b. Two

c. Three

d. Four

A

b. Two

68
Q

The spare evidence room keys, along with the commander’s property room access key, shall be placed in an envelope and stored in a secure location for use in an emergency.

a. True

b. False

A

a. True

69
Q

The primary property officer shall place and seal the spare keys in an envelope with evidence tape. The primary property officer shall date, initial, and write their identification number on the seal. Use of the spare keys shall be restricted to the commander or commander’s designee.

a. True

b. False

A

a. True

70
Q

In addition to conducting a 100 percent inventory, whenever a change of property officer occurs, the locks to the property room should be changed and/or the biometric access shall be updated immediately. If changed, this shall be documented on a memorandum to the Area and a copy placed in the inspection file.

a. True

b. False

A

b. False

71
Q

The Property Officer should have at least one year of field patrol experience.

a. True

b. False

A

b. False

72
Q

The property officer should not be an active field officer or investigator involved in collecting evidence in the field.

a. True

b. False

A

a. True

73
Q

Property rooms should not have windows. Rooms with preexisting windows should be painted black.

a. True

b. False

A

b. False

74
Q

The property room shall not be used for the storage of items that personnel, other than the property officer, need to access, except for emergency items.

a. True

b. False

A

b. False

75
Q

Properties shall not be left in temporary lockers more than ___ day, excluding weekends and holidays.

a. 1

b. 2

c. 3

d. 5

A

a. 1

76
Q

The property room ___ not be identified as such by external signs or markings.

a. Should

b. Shall

c. May

d. Must

A

a. Should

77
Q

Guns should be stored separately from other property.

a. True

b. False

A

a. True

78
Q

Pursuant to Section 22655.5 CVC, a vehicle may be seized from a highway, or from public or private property, when there is reasonable suspicion to believe the vehicle was used to commit a public offense; or an officer has reasonable suspicion to believe the vehicle itself is evidence indicating that a crime has been committed; or the vehicle contains evidence which cannot readily be removed which indicates that a crime has been committed.

a. True

b. False

A

b. False

79
Q

Permission from a supervisor or officer-in-charge (OIC) should be obtained prior to impounding a vehicle pursuant to Section 22655.5 CVC.

a. True

b. False

A

b. False

80
Q

The supervisor or OIC should ensure the Area’s contract evidence tow is used.

a. True

b. False

A

b. False

81
Q

An officer should accompany the evidence tow operator to the storage facility to ensure the continuity of evidence.

a. True

b. False

A

b. False

82
Q

May the evidence officer be appointed as the MVARS coordinator?

a. Yes

b. No

A

a. Yes

83
Q

May a non-uniformed employee be a back-up MVARS coordinator?

a. Yes

b. No

A

b. No

84
Q

For a resident Post or K-9 Unit, an MVARS DVD containing a significant event shall be submitted to the assigned Area office ___.

a. Within 24 hours

b. Within 48 hours

c. Within 72 hours

d. As soon as possible

A

d. As soon as possible

85
Q

Authorized employees requiring copies of MVARS DVDs shall complete a CHP 36F and submit the form to the MVARS coordinator for approval.

a. True

b. False

A

b. False

86
Q

A copy of an MVARS DVD may be released to the defendant if the copy provided does not contain any private third-party information or officer safety issues.

a. True

b. False

A

a. True

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