HPM 70.6 OFFICER SAFETY

Question 1

The Legal standard used to determine the lawfulness of a use of force is the Fourth Amendment to the United States (U.S.) Constitution. See Graham v. Connor.

Graham states?

Answer 1

“The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. The force must be reasonable under the circumstances known to the officer at the time force was used. Therefore, the Department examines all uses of force from an objective standard, rather than a subjective standard.

Question 2

It is the policy of the Department that personnel may use only that force which is “objectively reasonable” to (5) things:

Answer 2

(1) Defend themselves;
(2) Defend others;
(3) Effect an arrest or detention;
(4) Prevent escape; or,
(5) Overcome resistance.

Question 3

An officer may/should/shall only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance.

Answer 3

may

Question 4

The decision regarding which force option to select should be guided by the following key principles (2) things

Answer 4

(1) Sound professional judgment and critical decision making.
(2) Use of force that is objectively reasonable based on the totality of the circumstances perceived by the officer at the time, as provided by law, and in conformance with departmental policy.

Question 5

When safe and feasible under the totality of circumstances, officers are required to utilize _____________ techniques, crisis intervention tactics, and other alternatives to force

Answer 5

de-escalation

Question 6

The prospect of a favorable outcome is often enhanced when__________________ in the management of an overall response to potential violent encounters by coordinating resources and officers’ tactical actions

Answer 6

supervisors become involved

Question 7

Nondeadly force includes, but is not limited to

Answer 7

control holds
personal weapons.

Question 8

Intermediate Force includes

Answer 8

Electronic control device
impact weapons
aerosol subject restraint
and kinetic energy munitions

Question 9

Deadly Force: Law enforcement officers are justified in using deadly force only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary in defense of human life. There are (2) categories for it to be used under.

Answer 9

Self-Defense and/or Defense of Others
Apprehension.

Question 10

Deadly force: What is Self-Defense and/or Defense of Others?

Answer 10

(a) To defend against an imminent threat of death or serious bodily injury to the officer or to another person.

(b) In self-defense while an assault with a deadly weapon (ADW) with a vehicle is actually being committed. Officers shall not stand and/or step directly in front of or directly behind a vehicle in an attempt to impede its movement (prevent escape), intentionally creating circumstances where use of deadly force appears to be necessary. The primary tactical consideration should be for officers to move out of the path of a vehicle whenever such movement is reasonably possible.

Question 11

Deadly force: What is apprehension?

Answer 11

(a) To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended.

(b) Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts.

(c) Following an ADW with a vehicle, where an officer reasonably believes serious bodily injury or death has occurred, an officer may utilize deadly force when necessary to apprehend a person, if the officer reasonably believes the person will cause serious bodily injury or death to another unless immediately apprehended.

(d) Deadly force for apprehension of a person shall be used only when all other reasonable means of apprehension have been exhausted and, if under the totality of the circumstances perceived by the officer, the use of a firearm is not likely to endanger innocent persons.

Question 12

An officer shall/should not use deadly force against a person based on the danger that person poses to themselves, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another.

Answer 12

Shall not.

Question 13

Warning shots shall/should not be fired except under the same conditions which authorize the use of deadly force against a human being and only if the firing of such shots is not likely to endanger innocent persons.

Answer 13

Shall not

Question 14

Officers shall/should not place their finger on the trigger of any firearm during a tactical situation except under the following circumstances:

(2) When the firearm is pointed at an identified target and the use of deadly force is justified.

Answer 14

should not

Question 15

Firearms shall/should not be discharged from a departmental aircraft except in accordance with this chapter, and only when the aircraft is not in flight.

Answer 15

shall not

Question 16

Following a use of force incident which an officer reasonably believes has resulted in injury, and once officer safety is no longer a concern, they shall/should provide medical care within their scope of practice and/or arrange for further medical care.

Answer 16

shall

Question 17

true/false

Subjects may be transported to a medical care facility in a patrol vehicle.

Answer 17

True

If required, subjects may be…

Question 18

Officers shall/should arrange for a medical examination whenever a subject appears to be in need of medical attention.

Answer 18

shall

Question 19

Officers shall/should notify their supervisor as soon as practical after a use of force incident.

Answer 19

shall

Question 20

All incidents involving the use of force shall be thoroughly documented. Documentation shall include the following:

Answer 20

totality of circumstances surrounding the use of force.

Method(s) of force used.

De-escalation strategies and techniques.

Any use or attempted use of de-escalation strategies and techniques; or
If de-escalation strategies and techniques were not used, an explanation of why it was not feasible to do so shall be documented in the arrest report.

What, if any, medical assistance was rendered.

Question 21

Officers who are involved in a use of force incident, but are not the arresting officer, shall/should complete a supplemental report to the arresting officer’s report

Answer 21

shall

Question 22

Reporting Policy–Discharge of Firearms. In the event of a reportable firearm discharge, the discharge shall/should be reported to a supervisor as soon as the situation is stabilized.

Answer 22

shall

Question 23

The following discharge of firearms incidents shall be reported:

Answer 23

(a) The intentional discharge of any firearm by an officer while on duty.

(b) The intentional discharge of any firearm by an officer while off duty in the direction of, or causing injury to, any person, or toward the property of another person without their specific permission.

(c) Accidental discharge of any firearm while on duty.

(d) Off-duty accidental discharges of any firearm that may be carried concealed under the authority of California peace officer status.

(e) Warning shots fired by an officer while off duty in an attempt to apprehend a person for any crime.

(f) The intentional or accidental discharge of a firearm by a nonuniformed employee while on duty.

Question 24

When officers are involved in or witness an incident in which they believe excess force is currently or may have been used by any peace officer, they shall:

Answer 24

1) Take immediate action to stop the excessive force. The officer’s actions shall be reasonable and prudent, based upon the circumstances. The officer’s actions shall include verbal and/or physical intervention necessary to stop the use of excessive force.

2) Following the incident, the officer shall immediately report the incident to a CHP supervisor and submit a report thoroughly documenting the events.

Question 25

Supervisor and Manager Responsibilities (UoF)
Supervisors and managers are responsible for ensuring that:

Answer 25

(1) A supervisor or manager shall respond to the scene of an incident of excessive use of force as soon as practical when notified.

(2) Accurate reporting shall be thoroughly documented in accordance with HPM 100.86.

(3) An investigation is conducted and documented.

(4) These guidelines are followed whether such incidents involve the CHP, an allied agency, or both.

(5) Investigation of incidents involving allied agencies shall be coordinated at the appropriate Division level.

Question 26

officer may discharge a firearm at an animal under the following conditions

Answer 26

(1) In self-defense or to defend another person from serious bodily harm.

(2) When necessary to destroy a critically injured animal, provided such action can be accomplished with safety to persons and property.

(3) When necessary to destroy suspected rabid animals or animals attacking livestock.

Question 27

The following steps shall be taken prior to shooting:

Answer 27

(1) Supervisor’s approval to destroy the animal should be obtained with consideration of the geographical location and the employee’s experience.

(2) If possible, the owner’s permission to destroy the animal should be obtained.

(3) All bystanders must be protected by removal to a safe area behind the shooting officer.

(4) The area behind and to the sides of the animal should be protected in the event of over-penetration or ricochet of the bullet. The preferred method is to select a location which provides a dirt embankment or other suitable backstop.

(5) When shooting any animal in the head, the chances of ricochet are reduced when shot from a 90-degree angle at the point of entry.

(6) The skull structure of large animals is predominately thick. There are, however, limited areas where the skull is thin enough to permit bullet penetration.

Question 28

In the event an animal is shot in accordance with policy, the officer shall submit a __________ to their commander.

Answer 28

CHP 51, Memorandum

The commander shall review the report to ensure the shooting was justified and accomplished with reasonable safety.

Question 29

Following the review, (animal Shooting) the CHP 51 shall be submitted to the appropriate Division where a file shall be maintained for ________.

Answer 29

the current year plus one year.

Question 30

Enforcement Stop: Once the violator’s vehicle stops…. The desired minimum distance between vehicles is ___ to ___ feet.

Answer 30

10 to 15 feet

If possible, the officer should offset their vehicle slightly to the left of the violator’s vehicle.

Question 31

Enforcement Stops: Officers shall/should not: Stand between the vehicles or permit the violator to do so.

Answer 31

shall not

Question 32

Enforcements Stops: (Partners) Both officers shall/should always exit the patrol vehicle at the time of the initial stop/contact.

Answer 32

shall

Officers who fail to get out of the patrol vehicle are of no use to their partners and create a potentially life-threatening situation.

Question 33

Enforcement Stops: The officer shall not/should not sit in the patrol vehicle to write a document or allow the violator to do so, unless unusual circumstances necessitate such action for reasons of safety.

Answer 33

Shall not

Question 34

Enforcement Stops: Positive Approach. When contacting a violator, the officer shall/ should proceed in a courteous, positive manner, with an air of professionalism.

During contacts with the public, officers must be constantly aware of and avoid certain mannerisms and actions, such as: smoking, chewing gum, or chewing on toothpicks, which tend to irritate violators and detract from the professional bearing expected of California Highway Patrol (CHP) officers.

Answer 34

should

Question 35

Enforcement Stops: Critical Time., The first ____ seconds are crucial in an officer’s contact with the violator. During this time, the officer may gain or lose support for the Department or place themselves in a life-threatening position.

Answer 35

60 seconds

Question 36

Enforcement Stops: During the course of public contacts, members of the public might occasionally request officers to present photographic ID.

While on duty, officers shall/should have their departmentally-issued ID card in their immediate possession.

Answer 36

shall

Question 37

Enforcement Stops: On-duty officers receiving requests to view photographic ID shall/should comply by displaying the front (photograph) side of their departmentally issued ID card.

Answer 37

should

unless doing so would reasonably jeopardize officer and/or public safety.

Question 38

When are officers are exempt from complying with requests to view photographic ID.

Answer 38

when Officers are working in an undercover capacity are engaged in undercover operations or investigative activities.

when Officers deployed in tactical formations are participating in crowd control or engaged in a response to a civil disturbance.

Question 39

215: Officer shall/should make any notes on the reverse side of the green copy

Answer 39

shall

Question 40

215: The 215 shall/should normally charge only a single major hazardous violation observed during the continuing movement immediately prior to the enforcement action.

Answer 40

should

Question 41

Vehicle Code 21055 grants the operators of AEV exemptions to the rules of the road when the vehicle displays a red light visible to the front and the siren is operated as reasonably necessary in conjunction with one or more of the following conditions. (4)

Answer 41

(1) In response to an emergency call.
(2) While engaged in rescue operations.
(3) In the immediate pursuit of an actual or suspected violator of the law.
(4) In response to, but not returning from, a fire alarm.

Question 42

Vehicle Code Sections 17001 and 17002 make the state liable for the death of a person, or injury to a person, or damage to property proximately caused by a negligent or wrongful act or omission in the operation of any motor vehicle by an employee of a public entity when the employee is acting within the scope of their employment.

(1) An arbitrary or negligent exercise of the privileges granted means an:

Answer 42

an act performed either with knowledge that serious injury to another could result or with wanton and reckless disregard of the possible consequences.

Question 43

17004 provides restrictions to Sections 17001 and 17002.
A public employee is not liable for civil damages on account of personal injury to or death of any person or damage to property resulting from the operation of an AEV in the line of duty.

Such operation must be while…

Answer 43

Such operation must be while responding to an emergency call or when in the immediate pursuit of an actual or suspected violator of the law, or when responding to, but not upon returning from, a fire alarm or other emergency call. It should be emphasized that criminal responsibility is not covered by these sections and officers may be subject to criminal prosecution for an arbitrary act.

Question 44

21057 expressly prohibits every officer from using a siren or driving at an illegal speed when serving as an _____

Answer 44

escort, except when it is furnished for the preservation of life or expediting military movements during a national emergency.

Question 45

Patrol vehicles shall/should only be used in lieu of an ambulance in emergencies where time is of the utmost importance and where the patient does not object to such transportation.

Answer 45

should

Any officer exercising ordinary care and precaution is not liable for damages or costs incurred in such acts.

Question 46

A patrol vehicle using a siren shall/should pass traffic on the left even though it is necessary to drive across a center line of a roadway.

Answer 46

should

A motorist will often swerve to the right at the approach of an AEV. Therefore, an officer should cautiously pass on the right only when no other course is open and then only when the red light and siren have been deactivated.

Question 47

Unless a greater hazard would result, a pursuit shall/should not be undertaken if the subject(s) can be identified to the point where later apprehension can be accomplished.

Answer 47

should

A pursuit should not be initiated if the dangers of pursuing or continuing the pursuit are too great.

Question 48

A pursuit should/shall not be initiated or engaged in while providing transportation for any person, other than sworn peace officers.

Answer 48

should

Question 49

Pursuit: Multiple factors must be considered by the officers and supervisors to determine reasonable speeds. Such factors may include, but are not limited to:

Answer 49

-weather
-road conditions
-volume of veh/ped traffic
-visibility,
-nature of the offense committed by the suspect(s),
- safety of the general public, -safety of the officers involved,
-safety of the occupants in the fleeing vehicle,
-location of the pursuit
-officer’s familiarity with the location, etc.

Question 50

Pursuits shall normally be limited to two departmental vehicles, the primary pursuit unit and the secondary pursuit unit.

A supervisor who has joined in the pursuit and supervises the units would be an additional unit. However, the number of vehicles engaged in the pursuit may be adjusted to fit the situation with ____________.

Answer 50

supervisory approval (e.g., armed fugitives, number of suspects, level of threat, threat setting).

The supervisor shall consider the availability or involvement of allied agency units in determining the number of departmental vehicles participating.

Question 51

(a) A marked black and white patrol vehicle, other than a motorcycle, shall/should take over a pursuit from an unmarked vehicle or a Specially Marked Patrol Vehicle (SMPV).

Answer 51

should

Question 52

When practical, a marked black and white patrol vehicle with overhead emergency lights shall/should take over a pursuit from a patrol vehicle equipped with only a red spotlight or red spotlight/center mounted red light combination.

Answer 52

shall

Question 53

A marked black and white patrol vehicle or a SMPV should take over a pursuit from a motorcycle…

Answer 53

should.

unless the circumstances are such that a motorcycle is the safest means of continuing a pursuit (e.g., heavy traffic, inaccessible roadways)

Question 54

Pursuit: Maximum use of any available law enforcement aircraft shall/should be made as quickly as possible.

Answer 54

should

Any aircraft employed are in addition to any authorized ground units.

Question 55

All other units in the general vicinity of the pursuit will remain on their assigned beats unless requested to participate in the pursuit.

Officers shall/should not trail the pursuit without supervisory approval.

Answer 55

shall not

without supervisory approval, but should monitor the progress of the pursuit and be prepared to assist if directed by a supervisor.

Question 56

Officer initiating the pursuit should immediately notify the communications center that a pursuit is underway… Providing what?

Answer 56

1 The reason for the pursuit.
2 The location and direction of travel.
3 The speed of the fleeing vehicle.
4 A description of the vehicle and the license number, if known.
5 The number of known occupants.
6 The identity or description of the known occupants.
7 Any information concerning the use of firearms, threat of force, or other unusual hazard.
8 The current traffic conditions.

Question 57

Secondary Unit Responsibilities - All subsequent units entering the pursuit shall/should immediately notify the communications center they are joining the pursuit.

Answer 57

shall

Although the actual role may vary, the secondary pursuit unit should assume responsibility for radio contact between the communications center and the pursuing units.

Question 58

Upon being notified of the pursuit, the supervisor shall/should immediately notify the communications center they are joining or monitoring the pursuit and accepting supervisory responsibility.

Answer 58

shall

Question 59

Pursuits: The supervisor is accountable for the following

Answer 59

1) Once the supervisor becomes aware of the pursuit, they shall take an active role in the pursuit and conduct an ongoing evaluation of the incident.

balance the known or reasonably suspected offense, and the apparent need for immediate capture against the risks to peace officers, innocent motorists, and others to protect the public.

2) Discontinuing the pursuit, when necessary, in accordance with the policy contained in this chapter.

3) Ensuring the pursuit is conducted in accordance with the provisions of this chapter, including:
a. No more than the necessary number of units are involved.
b. Request for aircraft has been made.
c. The appropriate radio channel is being utilized.
d. Affected allied agencies have been notified.

4) Proceeding to the termination point, if at all practicable, to provide guidance and supervision, and to gather information for the pursuit report.

Question 60

Whenever aircraft are available (according to information provided by dispatch) the supervisor, OIC, or primary pursuit unit shall/should request air support to a pursuit in progress.

Answer 60

shall

When requested to do so, aircraft shall respond to a pursuit in progress.

Question 61

Unless a greater hazard would result, a pursuit shall/should not be undertaken if the subject(s) can be identified to the point where later apprehension can be accomplished.

Answer 61

should not

Question 62

When a pursuit extends into another CHP Area or allied agency’s jurisdiction, the responsible supervisor, or the primary unit if a supervisor is not available, shall determine if the other Area or allied agency should assume the pursuit. The following should be considered:

Answer 62

1 The distance and speed involved.
2 The pursuing officer’s possible unfamiliarity with the new Area.
3 The willingness and capability of the other CHP Area or allied agency to take over the pursuit.
4 Communication limitations at longer distances.

Question 63

If it is determined that the control of the pursuit should be relinquished to another CHP Area or allied agency, the request shall/should be clearly relayed to that Area or agency.

Answer 63

shall

Confirmation of their acceptance of that mission should be obtained.

Question 64

If the pursuit is assumed by another CHP Area or allied agency, the initiating officer and the participating supervisor shall/should proceed, at legal speeds, to the termination point, if within a reasonable distance, to provide guidance and information required for the arrest.

Answer 64

should

Question 65

Pursuits from Other Jurisdictions into CHP Areas. CHP participation in an allied agency’s pursuit is appropriate only in response to a specific request for participation.

Mere notification of the existence of a pursuit shall/should not be construed as a request for participation.

Answer 65

shall not

Upon such notification, the communications center shall clarify whether CHP is being requested to assist in the pursuit.

Question 66

In addition to a formal request through the telecommunications system by an allied agency, officers may be summoned by hand/arm gestures and/or verbal requests.

An officer responding to these types of requests shall/should immediately make the required notifications to the communications center and to their supervisor.

Answer 66

shall

Question 67

Prior to acceptance of a pursuit from an allied agency, the field supervisor shall/should determine the degree of CHP involvement, if any, and provide the appropriate direction.

Answer 67

shall

Question 68

When appropriate, the supervisor or primary unit shall/should attempt to cancel allied agency units if control of the pursuit is assumed by the CHP.

Answer 68

shall

Question 69

true/false: An officer shall discontinue a pursuit when directed by a supervisor

Answer 69

true

Question 70

Under certain circumstances the officer should discontinue a pursuit. Such circumstances may include, but are not limited to:

Answer 70

known circumstances of the pursuit present an extreme safety hazard to the public, the officer, or the suspect (e.g., a heavy vehicle or pedestrian traffic volume, school zones, extreme speeds, weather conditions, traffic conditions, the availability of air support, or the officer’s lack of familiarity with the location).

Information about the suspect’s identity has developed during the pursuit which will allow later apprehension.

The pursued vehicle’s location is no longer definitely known.

An allied agency has been notified to discontinue their participation in the pursuit but refuses to do so. Additionally, if the pursuit tactics being used by the allied agency are not within CHP policy, officers shall discontinue the pursuit. In such cases, the allied agency shall be notified of the Department’s discontinuation of the pursuit.

Question 71

When discontinuing a pursuit, the supervisor or primary pursuit unit shall/should make radio contact with the officer(s) involved and ensure that the officer(s) acknowledge the order to discontinue the pursuit.

Answer 71

shall

NOTE: Throughout a pursuit, those involved shall exercise sound professional judgment and balance the risks of pursuit (to both the public and the officers) against the known or reasonably suspected offense and the apparent need for apprehension. The decision to continue or discontinue the pursuit shall remain open to reassessment.

Question 72

The decision to attempt legal intervention shall be based on careful consideration of all facts apparent to the officer and should be initiated when conditions permit. A supervisor’s permission shall/should be obtained prior to initiating legal intervention.

Answer 72

should

Question 73

Legal intervention on a pursued vehicle may be undertaken only under the following circumstances:

Answer 73

1 When the officer has reason to believe the continued movement of the pursued vehicle would place others in imminent danger of great bodily harm or death, and

2 When the apparent risk of harm, to other than the occupant of the pursued vehicle, is so great as to outweigh the apparent risk of harm involved in making the forcible stop.

Question 74

An occupied privately-owned vehicle shall/should not be used during legal intervention to stop another vehicle.

Answer 74

shall not