Penal codes, rights, procedures Flashcards
PC 26150
License to carry
PC 626.9
Gun free school zone
PC 26100(a) felony
driver allows loaded firearm in a vehicle
PC 26100(b) felony
Driver allows someone to discharge firearm from a vehicle
PC 26100 (c) felon
shoot at a person from a vehicle
PC 25800(a)
carry a loaded firearm with intent to commit a felony
PC 25850 (a) wobbler
loaded firearm in public (person or vehicle)
PC 25300(a)
carry a firearm in public while masked
PC 22610
possession of a stun gun by folon
PC 22810
possession of tear gas by felon
PC 29900
Felon in possession
PC 29800
felon that is narc addict in possession of gun
PC 26350(a)(1) misdo
open carrying an unloaded firearm
PC 18250(a)
Taking firearms during DV incident/arrest
PC 25400
Concealed Firearms
PC 29805
10 year firearm prohibition
PC 25850
carryig a loaded firearm
PC 25200
firearm accessed by child taken to school
PC 30310
carrying ammo onto school grounds
PC 25100
storage of firearm (keep away from kids other people)
cvc 22651 (B)
parked or left standing on a roadway
cvc 22651(c)
recovered stolen vehicle
cvc 22651 (d)
blocking a private driveway impractival to move
cvc 22651 (e)
E for emergency/ blocking a fire hydrant
cvc 22651 (G)
g-gone/ incapacitated person and vehicle left on road
cvc 22651(h)
in custody
cvc 22651 (k)
left on road for more than 72hrs
cvc 22651(o)
reg exp over 6 months
cvc 22651 (P)
p-pedestrian 12500 or 14601
cvc 14302.6
30 day impound/ arrest impound tow authority
1st amendment
freedom of speech, religion, press, assembly
2nd amendment
right to bear arms
3rd amendment
no quartering of soldiers
4th amendment
search and seizure
5th amendment
double jeopardy, self incrimination, due process
6th amendment
right to speedy trial by jury, witnesses
7th amendment
right to a trial by jury in common-law/civil cases
8th amendment
excessive fines, cruel and unusual pnishment
9th amendment
the enumeration of rights in the constitution won’t be used against the people
10th amendment
reserved powers to the states
11th amendment
States are protected from being sued by citizens of another state
14th amendment
right to life, liberty, property and must have due process
CA Govt. Code 3300 may be cited as the:
Peace officer’s bill of rights
No public safety officer shall be prohibited from seeking election to or serving as a member of the governing board of a school district. T or F
True
All questions directed to the public safety officer under interrogation shall be asked and through no more than _____ interrogatiors at one time.
Two
The public safety officer under investigation shall not be informed of the nature of the investigation prior to interrogation. T or F
False
If prior to or during interrogation of an officer it is deemed that he may be charged with a criminal offense he shall immediately be informed of his constitutional rights. T or F
True
A public safety officer shall have ____ days within which to file a written response to adverse
30 days
The ____ court shall have initial jurisdiction over any proceedings brought by a public safety officer, against any public safety department for alleged violations of this action.
Superior
All public safety officers shall be required to submit a disclosure of financial status yearly.
False
No public safety officer shall be compelled to submit to a ____ against his will.
Polygraph examination
The interrogation of an officer shall be conducted at a _____ hours, unless the seriousness of the investigation requires otherwise.
Reasonable
Punitive acton as defined by POBR includes?
-reduction in salary
-written reprimands
-oral reprimands…verbal counselings do not count
Under CA Govt code ____ except as otherwise provided by law or whenever on duty or in uniform no officer shall be prohibited from or coerced/required to engage in political activity.
3302
Solicitation and servicing of union insurance and benefit programs shall not interrupt on-duty employees nor shall it be conducted in county facilities w/o prior approval of the county. T or F
True
When a union rep arrives at a fcility they do not need to notify the person in charge. T or F
False
The union receives how much release at the beginning of each quarter? jan, april, july, oct
520 hours
Union officers and representatives shall be the only employees eligible to utilize the bank of release time. T or F
Ture
the union president or designee shall provide ___ notice to the union officers and reps appointing authority prior to the utilization of release time.
24 hours
The union president or designee shall provide ___ notice to the magazine editor and three committee person appointing authority prior to the utilization of release time.
72 hours
It is recognized that the union owes the same fair impartial responsibility to all employees whether or not they are union members. T or F
True
If the union violates the “no strike provison” the county can immediately cease ____ until the union ceases the violation.
all payroll deductions of any kind on behalf of the union
The ___ shall continue to exercise authority over classification of jobs and procedures and standards and the selection of employement and promotions.
Civil services commission
No lockout of employees shall be instituted by the county during the term of this agreement.
True
If a work boycott or stoppage of work occurs the union would say what?
Notify all members to cease and desist from the activity and return to normal work duties
The county cannot do what by way of union memberships/participation?
Interfere, descriminate, discourage memberships, encourage memberships in any other organization
Grievances- the grievance initially shall be discussed with the immediate supervisor. a union rep may be present to represent the employee. a supervisor has five days to give his decision. T or F
True
In 1974 CA passed its first law providing protection from harassment/discrimination in employment due to:
-age
-ancestry
-color
-creed
-denial of family and medical care leave
-disability including HIV/AIDS
-marital status
-medical conditions
-origin, race, religion, sex, sex orientation
Fair Employment and Housing Act (FEHA is California’s version of what?
ADA
California’s FEHA has been amended to provide significantly broader protections to employees with disabilities. T or F
True
no proof of insureacne
cvc 16028(a)
registration in vehicle
4454a
false tabs
4462.5
correct tabs required month and year
5204
change of address to DMV within 10 days
14600(a)
allowing an unlicensed driver to drove
14604
suspended license for reckless
14601(a)
suspended license for DUI
14601.2(a)
recless driving
23103(a)
yield to right and stop for emergency vehicles
21806(a)(!)
child restraints 8 years and 4’9” below
27360
tinted windows
26708
U-turn at fire station
22104
unsafe lane change
21658
litter on highway
23112
defective windshield
26710
loud radio
27007
searbelts driver and passengers 16 or older
27315
throw an item at a vehicle
23110
stop sign
22450
exhibition/ speed contest
23109(c) /23109(a)
failure to dim highbeams
24409
throw cigarette
23111
red light
21453
provisional license
12814.6
drive without lights
24250
impeding traffic
22400
Sections 26746 and 26750 of the Govt Code authorizes a processing fee for each disbursement of moneys collected under a writ of execution. this is known as a ?
a tucker fee
For the purpose of this GO 16/10, a BB pellet gun will be considered a firearm. T or F
False
Firearms held for evidence will only be released under what conditions:
A) the case has been adjudicated
B) authorization from the DA
C) Authorization from the investigating officers supervisor
D) authorization from the courts
E) by statutory law
F) all of the above*
What is the penal code for booking firearms for safekeeping at a DV incident?
PC 18250 previously 12028.5
Firearms booked for safekeeping in DV incidents shall be made available to the owner___ after the seizure, but no later than____? think: cooling off period
48-72 hours
A firearm booked for safekeeping under PC 18250 can be held up to 30 days. T or F
true - if noted by the officer on the property form
What code section allows the confiscation of a firearm of a person who has a mental disorder or 5150
W & I 8102
What must you write in the “Authority and Section” of the Firearms Property Form to permanently confiscate a weapon from a person with a mental disorder or 5150?
W&I 8102 petition
If you confiscate a weapon from a person who has a mental disorder/5150, and you choose to allow the firearm to be released back to the individual, you must write ______ in the “Authority and Sectiooon” box fo the firearms property form
W &I 8102 release
After how many days can a firearm be claimed if it was confiscated from a mental disordered/5150 person
30 days
If a lawful owner of a weapon cannot be found, when shall it be disposed of?
180 days
What must a firearm have to be converted to department use?
A serial number
the records Bureau manager or designated records Bureau Personnel shall have the delegated responsibility for approving criteria for the release of Sacramento County Sheriff’s Department report copies from Field Services station houses and service centers. T or F
True
eport copies shall not be released to the insurance company of a suspect or arrestee or to private investigators or attorneys. T or F
True (they get a copy from DA through the discovery process)
the release of information regarding juvenile suspects, victims, and witnesses requires an order of the Juvenile court. T or F
True
GO 7/02 - News Media Policy - public information and communication is a basic responsibility of management personnel. T or F
True
employees can be compelled to respond to the media. T or F
false
employees are prohibited from making comments to the media on:
A) investigations by IA
B) litigations involving Department employees
C) investigations conducted by other agencies regarding Department employees
D) cases referred to the DA’s office for prosecution
E) cases being actively investigated by other agencies
F) all of the above*
Personnel responding to Media inquiries and/or making press releases, shall advise the office of information by the next regular business day. T or F
True
during non-business hours, the media shall have access to copies of arrest reports kept on file in the main jail classification booking area. T or F
True
when authorized to provide information to the news media, do not release:
A) any personal information of a juvenile
B) contents of a suspects confession
C) identity of witnesses
D) prior criminal record of suspect
E) personal opinion concerning guilt or Innocence, or plea possibilities
F) all of the above*
GO 7/04 (Notification Requirements) - The Communications Sergeant will notify the appropriate personnel on incidents involving:
A) shooting incident involving injury or death
B) shooting incident non-injury
C) death or potentially life-threatening or disabling injury to a department employee
D) Duty related vehicular accident
E) death of in custody prisoner or inmate
F) arrest of Department employees or well-known public figures
G) all of the above*
when any Department employee is notified that another employee has suffered a serious injury, and that information is not widely known within the department, that employee shall make the initial notification to the communications sergeant. T or F
True
GO 7/08 - Megan’s Law - California doj has categorized registered sex offenders into which categories
A) serious sex offenders
B) high risk
D) other registered sex offenders
E) A, B, and D*
Disclosure under Megans law is allowed only as to:
A) serious sex offenders
B) High risk sex offenders
E) only A and B*
an applicant who requests to view the megans law cd-rom must be:
B) 18 years old*
A viewing time of the megans law CD of 15 minutes may be enforced:
True
Disclosure of information to the public regarding serious and high risk sex offenders may include:
A) offenders name
B) offenders date of birth
E) Only A and B*
GO 8/03 - How long are the court liaison telephone recording tapes kept for?
30 days
after appearing at juvenile hall for a juvenile case you shall have the da Prosecuting the case sign and verify the hours of appearance on the subpoena. T or F
True
GO 10/05 (Admin Messages) - all administrative messages are routed to the master printer log for subsequent monitoring or system activity. T or F
True
AM’s are subject to FCC regulations. T or F
True
profanity is encouraged in AM’s. T or F
false
am’s, other than for specific business-related communications essential to the mission of this department, are expressly prohibited. T or F
true
all Communications records including printed logs are subject to subpoena, and are, in fact, reviewed by outside agencies and entered into court records. T or F
True
less essential am’s can bog down the system to a point that other essential am’s and other traffic cannot be transmitted. T or F
True
what will the communications Bureau Commander do to monitor am’s?
A) review a random sample of the master printer log
B) a minimum of at least six hours (2 days 2 swings 2 morning) shall be reviewed each month
C) forward a random sample to the sheriff/undersheriff each month. D) All of the above*
while off-duty, you may only use your portable radio under the following conditions:
A) while working an off-duty job
B) while present at a vehicle accident, fire, critical incident where emergency services are needed/not aware
C) while observing crimes in progress that compels immediate involvement
D)all of the above*
GO 10/08 - all programs, data and emails on Department computers or network shall be the property of the sheriff’s department and may be reviewed at any time with or without further notice to the employee. T or F
True
employees may not send bulk emails unless its directly related to their specific Department job duties. Bulk email is defined as email sent to______ recipients
A) 2 or more*
GO 11/01 - how many days do you have to notify the department of a change of address, phone number, or emergency contact data
A) 5*
if you choose you may use the Department’s address and telephone number as your personal address. T or F
false. *exception: only when completing a DRA, OSHA, or casualty report
GO 1102 - Voluntary Employee Assistance Program - The EAP is available at no cost to the employee. T or F
True
who is eligible to receive EAP services?
a) full-time employees
b) part-time employees working a minimum of 20 hours a week
c) employees spouse or children
d) employee spouse children who are under 19 and not married
e) employees spouse children who are under 19 entirely supported by employee and reside at home
f) all of the above*
he EAP shall be coordinated through_____
B) employee relations officer*
the eap offers each eligible employee and immediate family members _____ hours of personal counseling per year at no charge
6
Sacramento County offers, at no charge, an employee assistance program designed to assist all County Employees to overcome alcohol/drug abuse. T or F
True
any accident involving a County vehicle that results in property damage and/or personal injury in which a County vehicle operator failed to exercise every reasonable precaution to prevent the accident is a
D) preventable accident*
an operational damage incident includes damage to a County vehicle which results from:
A) a deliberate act by a non County Driver
B) a deliberate act for enforcement purposes
C) when a County vehicle operator is in control of the vehicle and an unavoidable object or condition causes damage to the vehicle
D) when a County vehicle operator is not in control of the vehicle at the time of damage occurs (ie parked cars)
E) all of the above**
when the County vehicle makes physical contact with another object and no property damage and/or personal injury occurred as a result of this contact, it is best defined as:
C) Drivers Incident*
all other vehicle accidents not falling in the three categories fall under “non-preventable”. T or F
True
what report must be completed with a county employee is involved in an accident with a county vehicle
C) Drivers Report of Accident*
A supervisor must investigate the accident and submit an IDC within_____ to the Watch Commander
B) 2 weeks*
The Watch Commander preparers in IDC to the division Commander summarizing the investigation and including preliminary recommendations as to the cause of the accident within_______ days
B) 5 days*
division Commander reviews the package and forwards it to the accident review board via the TRPD secretary within _____ days
B) 5 days*
if a preventable finding is recommended the employee is to be noticed and allowed ______days to submit a written rebuttal directly to the division Commander
A) 5*
who makes a recommendation as to the cause of the accident?
A) accident review board*
during code 3 driving, red lights and Sirens must be activated as reasonably necessary. T or F
True
during Pursuit driving, red lights and siren must be activated as reasonably necessary. T or F
false, all the time
you must immediately voice (not mdt) you are in code 3 status unless the air is cleared. T or F
True
you shall voice if you are reducing your status from code 3 driving. T or F
True
Sheriff’s vehicles are authorized to provide code 3 escorts. T or F
false
what vehicle code defines an emergency vehicle and their exemptions from the rules of the road when in code 3 status?
A) cvc 21055*
what vehicle code does not relieve the driver from driving with due regard to Public Safety
B) cvc 21056*
how many Sheriff’s units shall be in code 3 status in a Pursuit?
3, two patrol, one supervisor
“trailing” or “paralleling” a pursuit in code 3 status is authorized with supervisory approval. T or F
True
If an unmarked unit initiates a pursuit, they shall relinquish their role as primary unit as soon as marked units arrive and can safely take over the pursuit. T or F
True
an unmarked unit should drop out of a pursuit when two marked units arrive. T or F
True
a pursuit report shall be forwarded to the division commander within _______
A) 24 hrs*
which of the following is not a factor to consider when initiating or continuing a Pursuit
A) traffic in the area
B) location, speed, and time of day
C) weather and road conditions
D) all are factors
which of the following is not a responsibility of the primary unit when initiating a Pursuit?
C) monitor other units transmissions*
when air support assists with a Pursuit what is their primary responsibility?
A) Communications*
field supervisors may direct a subordinate officer to discontinue a code 3 response at any time. T or F
True
What does PIT stand for?
Pursuit Immobilization Technique
it is mandatory to have a supervisor’s permission prior to exercising legal intervention. T or F
False
absent of exigent circumstances legal intervention should not be utilized on
A) buses with passengers
B) Vehicles Laden with hazardous materials
C) motorcycles
F) A, B, and C*
officers are authorized to use Sheriff’s Vehicles as barricades and roadblocks. T or F
False
tack strips and PIT are considered less lethal Force
True
what is the maximum speed limit allowed for a pit maneuver?
35 MPH
a pit maneuver should only be used when there is a minimum of _______ units
2
only marked Patrol vehicles are authorized for a pit maneuver. T or F
True
K9 vehicles are authorized for a pit maneuver. T or F
False
airbags deploy at _______ into fixed objects and _______ into moving objects
14 mph and 28 mph
