HPM 81.5

Question 1

The primary purpose of the CHP is ____ ____ and CHP officers should enforce the Vehicle Code with the goal of ensuring and maximizing the safety of the thousands of motorists on California roads and highways everyday. Officers shall not stop individuals for the sole purpose of ____ _____ unless they have PC or reasonable suspicion of drug-related activity. A mere suspicion or “hunch” is not sufficient

Answer 1

traffic safety, drug interdiction

Question 2

Field Supervisors must maintain a high level of knowledge in all aspects of the Department’s drug programs. Furthermore, field supervisors must be directly involved in ensuring compliance with applicable laws and policies and ensuring that the proper focus of the program centers on _____ ____ intended to achieve the Department’s mission of providing for a safe and efficient highway transportation system.

Answer 2

enforcement efforts

Question 3

Shall conduct all operations in strict compliance with all departmental policies. Consistent with those requirements officers who encounter evidence of criminal activity including the use, possession, or transportation of drugs, shall conduct a thorough investigation and take the appropriate enforcement action required by law and departmental policy. Remain alert to ____ ____ both as a matter of safety and for drug interdiction.

Answer 3

narcotic violations

Question 4

Authority for the seizure and forfeiture of property is contained in the _____ Code. (Sections 11469 thru 11493)

Answer 4

Health and Safety

Question 5

When personnel are involved in drug asset forfeiture seizures, or in any incident which may result in the initiation of asset forfeiture procedures such incidents shall be documented on a _______. When applicable, a CHP 180 and CHP 36 shall also be completed. Additionally, a supervisor’s approval ___ be obtained prior to the seizure of any asset by departmental personnel.

Answer 5

CHP 202/216, shall

Question 6

When investigation involving controlled substances is turned over to an allied agency/NTF, the Department should not normally request a percentage higher than __ percent of the forfeited assets. In the event the Department is the only agency involved, equitable share requests may be for the full amount permitted by law (65% for state cases and 80% for federal cases). When an allied agency/NTF requests CHP assistance (i.e., canine sniff. Residential search warrant), the Department’s percentage should not normally exceed ___

Answer 6

25, 5%

Question 7

A notice of seizure and intended forfeiture as well as a claim form, must be served on all ____ ____ at a seizure. In addition to providing the notice, seizing officers should attempt to have all the individuals present at a seizure who do not claim ownership sign a form disclaiming ownership of assets.

Answer 7

persons present

Question 8

The investigating law enforcement agency may hold seized property for up to __ days to determine if there is sufficient evidence to file for forfeiture of the property. After __ days, the asset must either be returned to the owner or held as evidence.

Answer 8

15, 15

Question 9

Seizing agencies are required to ensure that seized property is protected and its value preserved. Vehicles seized by departmental personnel shall be stored at Motor Transport Section in ____ or Torrance. All departmentally seized currency is to be placed in the ____ ____ account maintained by Accounting Section until declared, forfeited, and disbursed.

Answer 9

Sacramento, interest bearing

Question 10

Agencies shall notify the FTB where there is reasonable cause to believe the property seized has a value in excess of _____

Answer 10

$5,000

Question 11

The Department has __ days from the date of the seizure or the date of adoption by the federal agency to file an interest in assets seized under federal law.

Answer 11

60

Question 12

Division Asset Forfeiture Coordinators (AFCs) shall be ____ _____. May delegate tasks to uniformed personnel or non-uniformed AGPAs or SSAs; however, the uniformed supervisor is ultimately responsible for ensuring the duties are accomplished.

Answer 12

uniformed supervisors

Question 13

Area AFCs shall be uniformed supervisors. At commander’s discretion, Area AFCs may delegate tasks to an ____ or non-uniformed personnel; however, the appointed uniformed supervisor is ultimately responsible for ensuring the duties of the Area AFC are accomplished

Answer 13

officer

Question 14

If the area AFC believes they have a case which could result in the seizure of an asset, the Area AFC shall notify the _____.

Answer 14

Division

Question 15

Departmental personnel ____ utilize the appropriate allied agency or NTF whenever an arrest for possession of a controlled substance is affected and requires a supplemental investigation or results in the confiscation of large quantities of a controlled substances.

Answer 15

should

Question 16

When assets subject to seizure have been identified, a departmental ____ _____ shall be immediately contacted and shall respond to the scene before assets are seized or removed. The supervisor ____ attempt to contact the appropriate allied agency/NTF.

Answer 16

uniformed supervisor, shall

Question 17

The asset forfeiture report shall contain: 1) the money counting institution and its address, 2) the date and time of the count, 3) the ____ counting the money, 4) if applicable, the date, time, and individual representing the allied agency which took possession of the currency and adopted the investigation. It is the Area commander’s responsibility to assure that seized currency is not released from departmental control until after an accurate count is assessed.

Answer 17

individual

Question 18

It is the Department’s policy, when requested and when there is a legitimate role, to participate with multi-agency drug task force operations. ____ ____ will make the final determination as to whether participation in a task force is “legitimate.”

Answer 18

AC, Field

Question 19

Complaints generated by task force activities should be investigated by the ____ ____ _____. However, the CHP commander shall be notified of all complaints against a CHP officer and ensure an investigation is completed. Complaints involving criminal conduct, immoral activity, or allegations that could result in adverse action shall be referred to, and investigated by, a ____ ____. The CHP supervisor should coordinate the departmental investigation with the task force commander. Task force complaints should be investigated by the task force commander.

Answer 19

task force supervisor, CHP supervisor

Question 20

While there is flexibility in the investigation of personnel complaints as to who may conduct the investigation, there is no flexibility with adverse actions. All adverse action investigations involving a CHP officer assigned to a drug task force shall be conducted by a ____ ____.

Answer 20

CHP supervisor

Question 21

CHP officers assigned to drug task forces should be limited to __ hours of paid overtime per month excluding court related overtime. Additional paid overtime may be approved at the discretion of the Division Chief.

Answer 21

20

Question 22

An MIS Mask Menu Screen #50 (Notification of Drug/Asset Seizure) shall be completed when any of the following occur:

Answer 22

1) Drugs are seized.
2) Currency is seized.
3) Obvious concealment locations are located.
4) Illegal drugs or money are seized as a result of departmental canine involvement, regardless of amounts.

Note: A supervisor shall review all MIS Mask Menu Screen entries prior to transmission.

Question 23

The CHP 202D is NOT required to be completed for the following:

Answer 23

(a) Parole or probation searches
(b) Pat-down (Terry) searches when no weapons, contraband, etc are found.
(c) Pre-storage/impound vehicle inventories.
(d) Searches conducted incident to a lawful arrest (i.e. an arrest resulting in a subsequent search or inventory of the suspect’s vehicle or person)

Question 24

When the Department is asked to conduct a whisper stop, the on-duty supervisor shall be made aware of the nature of the request, and shall provide appropriate direction. The supervisor may accept or deny the request for assistance based on current priorities and available resources. Additionally, the following information shall be obtained prior to authorizing a whisper stop:

Answer 24

1. Requesting Agency.
2. Contact Supervisor telephone number.
3. Officer Safety Concerns.
4. What type of action is desired by the requesting agency?
5. Any other information which will ensure a successful contact with the vehicles occupants.

Question 25

U.S. Immigration and Customs Enforcement has requested the Department to serve as a centralized contact/relay point to assist them in coordinating with allied agencies in order to intercept and arrest suspected drug smugglers. This request was based on the fact that the Department is the only agency in the state which has a 24-hour statewide law enforcement radio network. Also, California Highway Patrol (CHP) officers possess the training and authority to deal with highly mobile groups of ______ at any time and place within the state

Answer 25

smugglers