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LEVEL UP 2024 > HPM 81.5 - DRUG PROGRAMS > Flashcards

HPM 81.5 - DRUG PROGRAMS Flashcards

1
Q

CHP officers SHOULD NOT or SHALL NOT conduct traffic enforcement stops for primary purpose of drug interdiction without PC or reasonable suspicion?

A

SHALL NOT

mere suspicion or a hunch is not good enough

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2
Q

a SEARCH is the _________ intrusion into one’s person or property to seek potential __________ or __________ that may be concealed.

A

Physical intrusion

Evidence or contraband

Merely looking at that which is open to view is NOT a search

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3
Q

________________ (to search) exists when there are enough facts, training, knowledge, etc, to provide a fair probability the object being sought will be found in the location to be searched.

A

Probable Cause

*It’s enough info to lead an ordinary, intelligent person, with similar training and experience to arrive at same conclusion

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4
Q

_________________ is the belief that (1) something related to a crime has just happened, is happening or is about to happen and (2) the vehicle or person in the vehicle stopped, detained or contacted, is connected with that activity

A

Reasonable Suspicion

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5
Q

Who oversees all asset forfeitures?

A

FSS - Field Support Section

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6
Q

Dept members involved in asset forfeiture cases are required to complete a 216/202/180/36 forms and SHALL obtain __________ permission prior to asset seizure.

A

Supervisor

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7
Q

If an officer goes outside their area and makes a T stop resulting in seizure of assets, should normally obtain an Area Felony # from where?

A

the Area where the T stop was made

and route all reports through that Area

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8
Q

Seizing officers are required to provide an itemized __________ to the person who was in possession of any property at the time it was taken

A

Receipt

If person is not present (abandoned vehicle etc) the receipt must be left in prominent location within vehicle or premise

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9
Q

Investigating law enforcement agency may hold seized property for up to ___ days to determine if there’s sufficient evidence to file for forfeiture of property

A

Can hold for 15 days

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10
Q

Within the 15 days the agency is holding the seized property, they must notify _________________, with a request to initiate asset forfeiture procedures

A

the local DA

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11
Q

No seized currency shall be held in evidence for more than ___ days

A

15 days

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12
Q

Law enforcement agencies shall notify the __________________ where there is reasonable cause to believe the property seized has a value in excess of $5,000

A

Franchise Tax Board (FTB)

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13
Q

Division and Area AFCs (Asset Forfeiture Coordinators) shall be uniformed __________

A

supervisors

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14
Q

The Area AFC shall contact the Division AFC no later than ___ working days when a case could/has result in seizure of an asset

A

7 working days

This is to obtain a AF control number

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15
Q

Notify Division AFC within ___ hours when VEHICLES are seized by the Area

A

within 48 hours

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16
Q

When assets subject to seizure under AF laws have been identified by dept. personnel, a supervisor should be notified when?

And does supervisor have to respond to scene?

A

Immediately

Shall respond

BEFOFE assets are seized

17
Q

When CHP handles an AF case to completion:

Read steps –>

A
  1. Shall notify supervisor / they shall respond.
  2. Confirm if there’s a MOU with allied agency.
  3. Invest. Officer shall complete CHP 300D - AF Checklist
  4. Photograph all evidence
  5. CHP 36 - provide to owner
  6. CHP 304 - when parties deny ownership
  7. Have 15 days to hold property. Contact the DA
  8. If case declined by DA - return stuff to owner (90 days for owner to claim money)
18
Q

Do vehicles, aircraft, vessels etc. qualify for seizure under STATE AF laws?

A

Yes - when they are an instrument to FACILITATE the sale, possession for sale or manufacturing of a THRESHOLD AMOUNT of controlled substance.

19
Q

Is there a minimum amount of controlled substance in order to seize a conveyance (vehicle, vessel, aircraft) under FEDERAL law?

A

NO

No minimum

20
Q

Vehicles with hidden _______________ may be seized when there is a clearly established nexus to illegal drugs (drugs found in compartment or canine hit)

A

Hidden compartments

21
Q

Seized vehicles should have a minimum value of $________ or more.

Area AFC shall notify Division AFC within ___ hours of seizure

A

$10,000 or more in value to be seized

Within 48 hours

22
Q

Take at least ___ color photos of the seized vehicle

A

8 color photos (4 exterior / 4 interior)

23
Q

What tow should be used for seized vehicle?

A

Evidence tow. Keep vehicle at office if there’s space

24
Q

Is the Dept allowed to put into use any property recovered as a result of a STATE AF?

A

No - not allowed

BUT may accept Federal AF vehicles for use

25
Q

A vehicle less than $______ in valuer SHOULD NOT be AF

A

under $10,000

26
Q

When seizure of $ over $1,000, the currency shall not be stored where?

A

in an evidence locker (including pass-through cabinets)

Shall be stored INSIDE the evidence room

27
Q

When currency seized is more than $1,000 but less than $25,000, money SHALL be _____________

Shall notify who to store in evidence room, vault or bank.

A

Counted

Use CHP 308 tally sheet

Notify evidence officer

28
Q

Seizures over $25,000:

  1. ___________ in place
  2. Transport to __________
  3. Place in envelopes and ____________
  4. Seal/Sign/Date/ by ______________
  5. “Large unk amount of currency”
  6. Notify __________
  7. Store in _____________
  8. Have a ________ count the money
A
  1. Photograph in place
  2. Transport to safe place (area office)
  3. Place in envelope at photograph’
  4. Seal/Sign/Date by both officers who counted
  5. “Large unk amount of currency”
  6. Notify evidence officer
  7. Store in evidence room/safe/vault/bank
  8. Have a bank/money counting machine count money
29
Q

CHP shall NOT seize the following for AF cases:

A
  • Weapons
  • Personal items like:
  • jewelry, cell phones, digital scales
  • Real estate (real property)
30
Q

Currency that has no criminal evidentiary value, shall be deposited into an interest-bearing account maintained by FMS within ___ days

A

Within 10 working days

31
Q

What shall be attached to every AF case?

A

CHP 300D - Asset Forfeiture Checklist

32
Q

Investigating officers shall prepare one CHP _______ for each involved subject in an AF case. It shall be completed within _____ hours of the seizure.

A

CHP 216/202

within 72 hours

33
Q

A CHP _____ shall be prepared when any arrest or investigation is turned over to an allied agency for completion. For tracking purposes, the number _____ shall be placed in the Special Box

A

215 (citation)

number 110 in special box

34
Q

Wall Stop - a ___________ shall be notified and give permission

A

Supervisor

35
Q

Do not mention ________ stops in reports. Complete a separate memo marked confidential. Notify DA of circumstances

A

Wall stops

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