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Sergeant Policy Review > Policy Review #2 > Flashcards

Policy Review #2 Flashcards

1
Q

Where should the cabinet storing MVARS DVD’s be placed?

A

When practical, the cabinet should be placed within the evidence room. If stored outside of the evidence room, it should be properly secured to the floor or wall.

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2
Q

Who are the only people that can possess keys to the MVARS locker?

A

Commander and coordinator(s)

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3
Q

What type of pen is to be utilized to mark MVARS DVD’s?

A

Permanent fine point

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4
Q

MVARS DVD’s with significant events shall be placed in what colored sleeve?

A

Red

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5
Q

Vehicles assigned to just one officer, such as resident posts and K9 units, are only required to change out the MVARS DVD’s when they are full or have significant events.

True or False

A

True

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6
Q

If an office receives and MVARS request from a defendant in a case where charges have been filed, the defendant should be advised to contact the DA’s office for a formal discovery request. What if charges have not been filed yet and case is ongoing?

A

Known as an “informal discovery,” this type of request shall be denied. The Area shall advise the party that a copy of a DVD cannot be released as the investigation is ongoing.

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7
Q

Can a MVARS copy be released to a defendant in a traffic citation case?

A

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

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8
Q

Traffic Citation Case - What should an officer do if the MVARS copy contains third-party information or officer safety information?

A

Area should respond to the defendant’s request and advise that the DVD will be brought to court on the day of the
hearing, as a PPO is needed prior to release.

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9
Q

MVARS request for Admin Per Se Hearing - What should the area do if the requestor refuses to sign the CHP 36M (MVARS DIGITAL MEDIA ADMIN PER SE DISCLOSURE AND USE AGREEMENT) ?

A

Do not release the copy of the DVD if the requestor refuses to sign the CHP 36M

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10
Q

True or False

If a court or hearing officer refuses to issue a PPO (Proposed Protective Order) for an MVARS video, what should the office request?

A

A CONTINUANCE AND IMMEDIATELY CONTACT Office of Legal Affairs

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11
Q

Can an MVARS video be released for a civil case?

A

Yes

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12
Q

If a MVARS video is corrupted and the coordinator is unable to make a copy of the original for release, the requestor may use a personally owned recording device to copy it?

True or False

A

False

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13
Q

Inventories - An annual or a change of command inventory of MVARS DVDs is required?

True or False

A

False – due to the high volume.

However, a 100 % inventory shall be completed if a reasonable amount of discrepancies are revealed during the quarterly inspection, or the commander deems it necessary.

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14
Q

Who is responsible for conducting a quarterly inspection of MVARS DVD’s?

A

Evidence Supervisor

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15
Q

MVARS DVDs shall be retained for a minimum of ___ year. Certain recorded incidents, such as a significant event, may require longer retention. If the original MVARS DVD contains both a routine and a significant event, the DVD shall be retained for the duration of the significant event.

A

One year

Five year retention for administrative purposes.

Misd./ Felony cases retain until adjudicated and appeals are exhausted.

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16
Q

How long are MVARS videos kept for MAIT investigations and OIS?

A

Ten years

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17
Q

For a violation of section 23136 VC (under 21 .01 BAC or higher), what documentation is an officer required to complete?

A
  1. Take possession of CDL
  2. complete a DS 367 or DS 367M officers statement
  3. CHP 215
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18
Q

Does an officer complete a CHP 215 for a violation of 23136 VC?

A

Yes

Should

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19
Q

Are suspects arrested for DUI on a bicycle (21200.5 VC) required to take a chemical test?

A

No

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20
Q

What suspects are exempt from taking forcible blood withdrawals?

A

Hemophiliacs, persons with heart conditions and persons taking anticoagulants.

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21
Q

How often should PAS devices be calibrated?

A

Every 10 calendar days or 150 tests (whichever comes first)

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22
Q

If a suspect is going to be cited and released for a DUI, what should the suspect and responsible person be admonished of?

A

The arrestee is not to drive a motor vehicle until he/she is no longer under the influence, or they may again be subject to arrest. The arrestee is responsible for his/her own actions, and the arrestee is being released to the responsible party

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23
Q

The DUI checkpoint team leader should at a minimum be the rank of a ____________.

A

Sergeant

Commander may allow OIC

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24
Q

The DUI checkpoint team leader should at a minimum be the rank of a ____________.

A

Sergeant

Commander may allow OIC

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25
Q

What are some conditions that prevent a subject from being eligible for the “cite and release” program.

A
  1. Prior DUI conviction,
  2. Being under the influence of drugs,
  3. violent or aggressive behavior,
  4. being a danger to himself or others.
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26
Q

If a juvenile agrees to take a blood test and the parent refuses to sign the hospital form, does this constitute a refusal?

A

It may unless the juvi takes another test

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27
Q

I parental permission required for a juvenile to take a breath or urine test?

A

No

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28
Q

Are press released required for DUI checkpoints?
____ hours notice is required.

A

48 hours prior. Specific checkpoint location shall not be released sooner than two hours prior to the checkpoint start time

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29
Q

Including the PAS test, the Department utilizes ______ FST’s for determination of sobriety?

A

9

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30
Q

When should operational plans for DUI checkpoints be submitted for approval and to whom?

A

To division one week before scheduled date.

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30
Q

When should operational plans for DUI checkpoints be submitted for approval and to whom?

A

To division one week before scheduled date.

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31
Q

What is 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, 490 U.S. 386 (1989).

A

Objectively Reasonable

The force must be reasonable under
the circumstances known to the officer at the time force was used.

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32
Q

Use of Force – General. It is the policy of the Department that personnel may use only that force which is “objectively reasonable” to:

A

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

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33
Q

How many different force options does and officer have?

A

7

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34
Q

Uniformed employees must be guided by two key principles in the understanding and application of the use of force policy:

A

a) Sound professional judgment.
b) The use of only that force reasonable for the situation as provided by law and in conformance with departmental policy.

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35
Q

Officers must follow the use of force continuum when deciding to escalate the level of force.

True or False

A

False

Use of Force Option Wheel Diagram.

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36
Q

There are seven different force options available to officer. What are they?

A

1) Control Holds
2) Aerosol Subject Restraint
3) Impact Weapons
4) Electronic Control Device
5) Kinetic Energy Weapons
6) Deadly Force
7) Personal Weapons

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37
Q

Use of force shall be documented on a CHP

A

CHP 268

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38
Q

When a supervisor or manager is made aware of a possible excessive force report committed by any peace office, they shall

A

Supervisor / Manager Responsibilities:

(1) Proper, thorough, and accurate reporting procedures are followed.
(2) An investigation is conducted and documented.
(3) These guidelines are followed whether such incidents involve an allied agency, CHP personnel, or both.
(4) Investigation of incidents involving allied agencies shall be coordinated at
the appropriate Division level

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39
Q

Whenever, in the officer’s opinion, the use of force by any peace officer (CHP or allied agency) is excessive, it is the responsibility of the officer to take immediate action appropriate for the circumstances.

A

(1) The officer’s actions must be reasonable and prudent, based upon the
circumstances.
(2) The officer’s actions should include verbal and/or physical intervention
necessary to mitigate the use of excessive force.

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40
Q

How often shall the use of force policy be reviewed?

A

Quarterly - All uniformed employees at the rank of sergeant and below

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41
Q

When can an officer fire his weapon at a suspect fleeing in a vehicle?

A

Reasonably believes person has committed a felony involving the use or threatened use of deadly force - ADW with a vehicle only ADW when the officer reasonably believes has resulted in serious
injury or death.

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42
Q

When can an officer discharge his weapon in self- defense?

A

When the officer has a reasonable
belief that the use of deadly force is necessary for self-defense or to defend
another person from immediate serious bodily harm.

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43
Q

While taking a misdemeanor suspect into custody, an officer suddenly is faced with a situation in which deadly force may be justified. Is the officer required by law to seek safety, if reasonable available, prior to resorting to deadly force?

A

No - There is no duty to abandon attempts to effect custody.

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44
Q

True or False - Self-defense is based upon the attendant circumstances which are sufficient to excite the fear of a reasonable and prudent person and upon the reasonable appearance of imminent peril of death or serious bodily injury

A

True

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45
Q

RE: Deadly Force: Fear alone justifies the discharge of a firearm against a human being.

True or False

A

False

Bare fear alone does not justify the discharge of a firearm against a
human being.

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46
Q

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

A

Should

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47
Q

All off-duty accidental discharges of any firearm are required to be reported.

True or False

A

False –

only those that may be carried concealed under the authority of California peace officer status.

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48
Q

In the event an animal is shot in accordance with policy, the officer
shall submit a memorandum to his/her ______________.

A

Commander

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49
Q

A Notice to Appear should/shall normally charge only a single major hazardous violation observed during the continuing movement immediately prior to the enforcement action.

A

Should

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50
Q

A public employee is not liable for civil damages or criminal accountability on account of personal injury to or death of any person or damage to property resulting from the operation of an Authorized Emergency Vehicle (AEV) in the line of duty.

True or False

A

False –

criminal responsibility is not covered by these sections and officers may be subject to criminal prosecution for an arbitrary act.

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51
Q

Departmental pursuit policy states:

A

Uniformed employees are authorized to conduct pursuits in compliance
with applicable laws, sound professional judgment, and the procedures
outlined in this chapter (policy)

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52
Q

RE: Pursuits - It is the duty of the driver of an AEV to exercise that amount of ____ which, under all the circumstances, would not impose upon others an _______ risk of harm.

A

Care

Unreasonable

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53
Q

The use of spike strips is a form of ________ _________.

A

Legal Intervention

It is a general term meaning the termination
of a pursuit through the use of physical force or presence

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54
Q

Upon being notified of the pursuit, the
supervisor shall immediately notify the communications center they are
joining or monitoring the pursuit and accepting supervisory responsibility.
The supervisor is accountable for the following:

A
  1. Take an active role
  2. 10-22 pursuit if necessary
  3. Ensure pursuit is conducted within policy
  4. Proceed to termination point to provide guidance and obtain information for pursuit report
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55
Q

True or False –

Participation in an allied agency’s pursuit is appropriate only in response to a specific request for participation

A

True

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

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56
Q

Legal intervention on a pursued vehicle may be undertaken only under the following circumstances (name two):

A

1) reason to believe the continued movement of the pursued vehicle would place others in imminent danger of great bodily harm or death
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.

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57
Q

Other than motorcycles, the spike strip should not be deployed to stop the following vehicles unless the continued movement of the pursued vehicle would result in an unusual hazard to others. (Name 4)

A
  1. Transporting Haz Mat
  2. Pass. Bus w/ passengers
  3. School bus w/ pupils
  4. vehicle poses an unusual hazard to innocent parties.
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58
Q

Area commanders should/shall develop procedures relating to proper deployment locations within their commands and familiarizing Area personnel in the proper use of the spike strip.

A

Shall

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59
Q

All pursuit reports shall be documented using the automated Pursuit Reporting System (PRS). The entry into PRS shall be completed within ___ calendar days of the pursuit.

A

10

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60
Q

RE Pursuits: Written guidelines or a statement of understanding between allied agencies and the CHP area are completed for what purpose?

A

Coordinate plans or the policy considerations - commanders shall, on an annual basis, correspond with the local members of allied law enforcement agencies in order to articulate and update the components of the statement of understanding. Allied agencies not participating shall be made aware of CHP policy

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61
Q

The contents of this chapter, and the local pursuit training guide, shall be reviewed by all uniformed employees at the rank of
sergeant and below on a ______ basis.

A

Quarterly

shall review the contents of this chapter and the local pursuit training guide upon transferring to a new command.

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62
Q

Completion of the CHP 228, Pursuit Policy Attestation, shall be completed _____ by all uniformed employees per CVC
Section 17004.7.

A

Annually

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63
Q

High Risk vs Felony Stop

What is the difference?

A

High Risk: reasonable cause to believe that any attempt to stop the vehicle will create an extraordinary safety risk.

Felony: advance knowledge or reasonable cause to believe the vehicle contains a felony suspect

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64
Q

Weapon position – high risk vs felony stop

A

High Risk – low ready

Felony – Ready Position

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65
Q

During peak traffic periods, enforcement actions should be primarily directed against hazardous accident and congestion-causing violations. Special emphasis should be placed on:

A

Moving violations

(a) Slow-moving vehicles impeding traffic.
(b) Unsafe lane changes.
(c) Speed.
(d) Driving under the influence.
(e) Following too close.

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66
Q

Officer shall not deploy a roadblock unless they have definite knowledge that the persons being sought are fleeing to avoid prosecution for ____________________.

A

A forcible atrocious felony

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67
Q

It is the responsibility of every uniformed employee to maintain proficiency in regards to enforcement tactics, physical methods of arrest techniques, and proper use of safety equipment. Uniformed employees shall attend a minimum _____ hour training day on an annual basis

A

8

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68
Q

True or False - Area commanders shall ensure sufficient certified OST trainers, at a ratio of one for every ten officers in attendance at training.

A

True

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69
Q

True or False

Divisions are responsible for facilitating OST specific to the needs of uniformed members at the rank of lieutenant and above.

A

True

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70
Q

Uniformed employees unable to demonstrate an acceptable level of skill
shall be provided refresher training for a period of time not to exceed ____ days after annual certification is due.

A

30

Employees who fail to meet the required level of certification after a maximum 30 days of refresher training shall be placed on interim reporting.

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71
Q

What are the two types of departmentally approved misdemeanor control holds?

A
  1. Bent wrist
  2. Twist lock
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72
Q

AT the officer desecration, what types of persons can be exempted from handcuffing to the rear (name 3)

A

1 sick, injured or disabled
2 visibly pregnant
3 elderly

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73
Q

Standing Arrest Techniques:

A
  1. Twist Lock
  2. Modified Twist Lock
  3. Bent Wrist
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74
Q

Other Arrest Techniques:

A
  1. Kneeling Arrest Technique
  2. Prone Arrest Technique
  3. Prone Arrest Technique High Risk
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75
Q

Flex-cuffs may be used under the following circumstances (4):

A
  1. multiple arrests when handcuffs are not available
  2. Securing multiple arrestees together
  3. Handcuffs are ineffective
  4. In addition to nylon restraints
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76
Q

All persons subject to physical arrest shall be searched. If custody is transferred from one officer to another, the person should be searched again.

True or False

A

False – shall be searched again

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77
Q

Name two types of searches of persons:

A
  1. Standing search
  2. Preliminary frisk
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78
Q

If two prisoners are to be transported in a PV without a cage, where shall the prisoners be seated (one officer)?

A

Right-front and right-rear

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79
Q

If two prisoners are to be transported in a PV without a cage, where shall the prisoners be seated (two officers)?

A
  1. Right-front and right-rear
  2. Right-rear and middle rear with officer in left rear
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80
Q

For the officer’s safety, not more than two prisoners should/shall be transported in a patrol vehicle. Additional assistance should/shall be requested whenever reasonably available.

A

Should and should

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81
Q

True or False

When any civilian passenger or prisoner is left unattended in a departmental vehicle, the ignition keys shall be removed from the vehicle’s ignition lock

A

True

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82
Q

When nylon leg restraints are applied and the suspect is placed in the PV, the subject shall/should be placed on their side.

A

Shall – This will help to avoid “positional asphyxia” wherein the subject’s breathing is seriously impaired

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83
Q

True or False - In the absence of a Spit Sock, the officer may use a medical bandage that can be tied around the head/face of the suspect?

A

False - no other device shall be attached or
affixed to the head, face, or mouth of a spitting prisoner. CHP 268 shall be completed

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84
Q

Potentially lethal strikes with an impact weapon shall be avoided unless the officer can justify the use of deadly force. A potentially lethal strike is a strike to what areas of the body (6)?

A
  1. Head
  2. neck
  3. Throat
  4. spine
  5. sternum
  6. groin
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85
Q

Unless an extreme hazard exists, what is the minimum distance OC spray can be used?

A

3 feet

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86
Q

If OC is used, the subjects face should be flushed with water or saline within ____ minutes.

A

30

Commander’s shall ensure each PV is equipped with at least one 500 ml bottle of saline.

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87
Q

Initial WMD PPE training shall be incorporated into the Academy cadet curriculum. Area/section commanders shall ensure uniformed personnel receive ______ refresher WMD PPE training

A

Annual

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88
Q

Commanders should/shall ensure a minimum of one kinetic energy weapon is deployed to the field during every shift.

A

Shall

Note: carried by officer or sgt.

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89
Q

The optimal deployment range for the kinetic energy weapon ____ to ____ feet.

A

5 to 60

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90
Q

The deploying officer, when feasible and permitted by the tactical situation, should loudly and clearly verbalize to all persons on scene ______________.

A

Bean Bag

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91
Q

All uniformed members shall undergo ____ hours of CEW training by Academy certified instructors and certify prior to carrying the CEW.

A

8

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92
Q

Who is required to recertify with the CEW annually?

A

Sergeants and officers

Quarterly policy review is required

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93
Q

During the course of enforcement duties, all certified officers and sergeants should / shall carry the CEW if available.

A

Shall

Except court and funerals

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94
Q

The CEW holster shall only be placed on the duty belt in one of the following locations:

A

1) On the support side for a support hand draw or primary hand cross draw.

2) On the primary side, in front of the primary duty pistol holster, for a support hand cross draw.

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95
Q

What is the optimal distance for deployment of the Taser?

A

7 to 15 feet

Note: 25 feet max.

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96
Q

The officer shall avoid _________targeting the head, face, neck, throat, groin, and spine.

The preferred target area is to “split the belt line,”

A

Intentionally

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97
Q

What should you do when a subject has been exposed to the CEW and is suspected to be under the influence of stimulants.

A

The subject shall have medical attention as soon as practical.

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98
Q

Officers should / shall not use the CEW if they have reason to believe the subject has been exposed to flammable liquids or is located in a flammable or explosive environment.

A

Shall not

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99
Q

The CEW should / shall not be used against pregnant woman, elderly, children, persons less than 80 lbs., appear to be frail or in control of a vehicle if there is a potential they may lose control.

A

Should not

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100
Q

True or False

After the subject has been taken into custody, the first option for probe
removal is to transport to a medical facility and allow medical personnel to remove the probes.

A

True

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101
Q

If transportation of the subject would be impractical because of the location of the probes, can the officer remove the probes himself?

A

Yes

Following procedures in policy, but not if located in Groin, Breast area on a female, Head and eyes, Neck, Spinal column or Joints.

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102
Q

True or False

Once removed from the suspect, all probes should be inserted in the cartridge. The cartridge should be dealt with as a biohazard and destroyed.

A

False – booked into evidence

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103
Q

The CEW shall be downloaded after each use. Regardless, each CEW shall be downloaded each month and an audit shall be conducted at the Area/Division level to reconcile recorded activations with CEW deployment reports. Records shall be retained at each command for the life of the CEW plus ___ years

A

10

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104
Q

All dart deployments and drive stuns shall be documented on a CEW Field Use Report and entered on the Area CEW Field Use Log. If the officer simply displays the CEW it is not required to be entered.

True or False

A

False – it is required

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105
Q

True or False

“Days” designates calendar days unless specified in this manual

A

True

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106
Q

14602.7 VC refer to ?

A

30 day hold for evading a peace officer

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107
Q

Vehicles carried as cargo (e.g., vehicle on a car carrier, vehicle on bed of slide bed tow truck) are considered property; however, the license number, vehicle identification number (VIN), and description shall be documented in the ________ section of the CHP 180.

A

“Remarks”

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108
Q

If a vehicle is impounded / stored and the CHP 180 needs to be amended in regards to the authority, what should the officer do?

A
  1. Line out and write new section
  2. draft memo and attach it
  3. Notify R/O or L/O
  4. Notify Tow Company / also in writing
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109
Q

A Notice of Stored Vehicle (22852 CVC), the CHP 180 half-pages 2 and 3, shall be mailed or personally served to the RO and LO within ___ hours, excluding weekends and holidays.

A

48

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110
Q

A post-storage hearing shall be conducted within ___ hours of the request and may be conducted in ______, _______ or ___________.

A

48

writing, person, or telephonically

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111
Q

True or False

A failure of the RO, LO, or their agent to attend a scheduled hearing satisfies the post-storage hearing requirement pursuant to Section 22852(d) CVC.

A

True

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112
Q

A CHP 180 which has been completed for a vehicle impounded as evidence shall be retained for ___ years unless court
proceedings require the reports to be retained longer.

A

2

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113
Q

If the officer does not enter an estimated value of a vehicle in the Valuation By box of the CHP 180 within three days, can the tow operator enter the amount?

A

Yes

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114
Q

If evidence / contraband is seized while conducting a vehicle inventory, the officer shall:

A

Document a description of the item seized, as well as its original location in the Remarks section of the CHP 180.

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115
Q

If a vehicle which has expired registration is stored for other than 22651(o) VC, the following procedures shall be followed (4):

A
  1. Note the correct registration information, including the expiration date.
  2. Issue a CHP 215, for 4000A VC
  3. Officers may mark the Release Vehicle To: RO or Agent box
  4. Officers should mark the Release Vehicle To: Agency Hold and
    22850.3 CVC boxes on the CHP 180 and note in the top margin of the
    CHP 180 “Registration Violation - To be cleared through CHP only.”
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116
Q

10751 VC - Whenever a vehicle or part has a vehicle identification number (VIN) obviously mutilated or removed and comes into the possession of an officer, it should be seized. A supervisor or vehicle theft investigator’s approval should / shall be obtained prior to seizure.

A

Should

Impound for 22655.5 VC (evidence)

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117
Q

A vehicle may be impounded for 5 or 15 days when the driver has a blood alcohol content (BAC) of ____ percent or more and has one or more prior driving under the influence (DUI) convictions within 10 years. (14602.8 VC)

A

.10%

Note: or the driver refused to submit to or complete a chemical test.

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117
Q

In order to impound a vehicle for 22651(p) VC (unlicensed/susp DL), the driver must have one of the following service codes: DMV Service Code A, B, D, H, I, J,
or ____.

A

M

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118
Q

Can a vehicle be impounded for 22651(p) VC if the driver is valid but driving out of class?

A

Yes

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119
Q

Section 22655.5(a) CVC allows for the removal of a vehicle found upon a
highway or public or private property and the officer has probable cause to believe the vehicle was used ___________________.

A

as the means of committing a public offense, or a search warrant

22655.5(b) should be used if the vehicle itself is evidence or cannot be readily removed.

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120
Q

In order to avoid jeopardizing cases and
to ensure the county is advised of vehicular evidence seizures that are pending, commanders shall provide notification to the local district attorney (DA) within ___ hours of the seizure, not including weekends or holidays.

A

72

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121
Q

In cases where a vehicle is seized as evidence of a crime when no arrest is made, commanders shall ensure the vehicle is inspected and/or processed in a ________.

A

timely manner

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122
Q

The commander may determine whether stolen vehicle reports can be taken over the phone if the _____________ gives approval.

A

Division Commander

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123
Q

For commands that do not take stolen reports over the Phone: an officer shall respond to the theft scene within ___ hours and make personal contact with the victim to secure a written report.

A

6

The victim may volunteer to come to the CHP office and file a written report within 6 hours.

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124
Q

Areas shall mail a written notification of the recovery to the reporting party within 24 hours of the recovery or notification, excluding weekends and holidays. Written notification shall be sent even when a successful telephone notification has been made.

A

True

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125
Q

True or False

An officer responds to the theft of a boat and trailer. Upon their arrival, it is determined only the boat was taken. He should still take a stolen report.

A

False – refer to allied agency unless the boat and trailer were stolen together

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126
Q

In order to be granted a post storage hearing, the owner or their agent is required to request a hearing within ___ days of the date of ____.

A

10

Notice

127
Q

The commander shall appoint a ________ or _____ as the hearing officer.

A

Lieutenant or Sergeant

Must be at least one rank above officer who towed vehicle.

128
Q

Is the towing officer required to be present at the tow hearing?

A

No

129
Q

True or False

A person can appeal a storage hearing decision by completing a CHP 287 (-$1000) or Gov. Claim form ($+1000)

A

True

Department personnel shall assist with the process

130
Q

AG’s opinion: The Department is financially responsible for those charges incurred from the initial seizure of the evidence to the time criminal charges are _____ by the district attorney.

A

Filed

131
Q

May a commander decide to use a public facility to store vehicle impounded for evidence?

A

Yes

should be capable of providing reasonable security from unauthorized access and long-term effects of the weather.

132
Q

The term of the evidence tow contract shall be no less than ___ year and not greater than ____ years.

A

1

3

133
Q

All vehicles and/or vehicle components seized as evidence shall be referred to the evidence contract tow service.

True or False

A

True

If not available, use rotation tow.

134
Q

Can the Department seek reimbursement for evidence storages costs from the defendant?

A

Yes.

Section 22655.5(d) VC provides a means for the recovery of the towing and storage costs when the perpetrator is convicted of a crime.

135
Q

Who handles tow complaints when it involves the evidence tow?

A

Contract Services Unit

136
Q

Who is responsible for performing criminal history checks on all tow operators who work under the TSA (Tow Contracts)?

Area, Division, HQ

A

Area

137
Q

Officers shall honor driver’s/owner’s requests for a specific tow service or auto association unless it is______________, or a vehicle is stored/impounded pursuant to law.

A

not practical to do so

138
Q

True or False

RE: TSA (Tow): Enrollment may be continuous throughout the year, but must occur at least once annually. The enrollment period shall be open for at least 30 days per year.

A

True

Term of agreement is normally one year

139
Q

True or False - Area commanders shall investigate and document all complaints against CHP rotation tow operators made by the public, CHP employees, or allied agencies. The investigating officer shall use the CHP 240 (Complaint Investigation) form to document the incident.

A

True

140
Q

Dispute Disciplinary Action against TSA Operator: The tow operator may request a hearing by submitting the request, in writing, to the Area commander within seven-calendar days of the notification. Who is the hearing officer?

A

Commander or designee

Can appeal then to Division – Division has final say

141
Q

What are the four levels of mutual aid?

A
  1. local (cities)
  2. operational areas (counties)
  3. regional (two or more counties)
  4. state
142
Q

The California Emergency Management Agency (Cal EMA) divides the state into ____ law enforcement mutual aid regions.

A

7

143
Q

True or False - When a chief of police determines that an emergency situation in his/her jurisdiction may become or is already beyond the control of his/her department’s resources, the Chief may request immediate assistance from the CHP.

A

False –

It is his/her responsibility to request mutual aid from the operational area coordinator (county sheriff).

144
Q

True or False - Authority for the CHP to provide the various types of assistance and support described in this chapter is contained in the California Penal Code, Governor’s Executive Orders, California Emergency Services Act, the Master Mutual Aid Agreement, and the Law Enforcement Mutual Aid Plan.

A

True

145
Q

Approval of the ____________or his/her designee is required before committing CHP resources in response to a request for mutual aid.

_______ __________shall develop and coordinate plans to provide departmental assistance to local authorities within their geographical areas of responsibility.

A

Commissioner

Field commanders

146
Q

Uniformed personnel may/should/shall respond to “officer needs assistance” requests. The degree of response must be based on the decision of the on-duty supervisor who is authorized to commit the personnel and resources necessary to meet the particular situation.

A

Shall

Also emergency traffic assistance

147
Q

Yes or No - Can an area commander authorize mobilization of their personnel for a situation (Mutual Aid Request) prior to the receipt of approval to commit resources.

A

Yes

148
Q

True or False - In most cases, national parks are exclusive jurisdiction enclaves. Local or state law enforcement personnel are prohibited from assisting in mutual aid situations because of a complete lack of authority.

A

True

Except for “officer needs assistance” and “emergency traffic assistance”

149
Q

Uniformed personnel may provide supplemental law enforcement assistance when approved by the _____________ (i.e. Operation Safe Streets).

A

Governor

150
Q

Yes or No – Can an Area Commander approve limited supplemental assistance for a jurisdiction requesting the CHP help with a crime problem.

A

No – must go through mutual aid request process

151
Q

Upon receiving a written request from the governing body of a newly incorporated city, Area commanders are to provide traffic law enforcement services. Normally not to exceed the end of the ______ _______ or __ months.

A

Fiscal Year

12

Note: Reimbursable contracts after this time frame

152
Q

Interstate mutual assistance is reciprocal assistance between the California Highway Patrol (CHP) and the : (Name 3)

A
  1. Oregon State Police
  2. Nevada Highway Patrol
  3. Arizona Department of Public Safety.
153
Q

Interstate Mutual Assistance: It is agreed that a peace officer in any of the four affected states is a peace officer in the other state when either of the two conditions are met:

A
  1. In response to a request for service
  2. Immediate law enf./emergency action
154
Q

Interstate Mutual Assistance: It is agreed that a peace officer in any of the four affected states is a peace officer in the other state when either of the two conditions are met:

A
  1. In response to a request for service
  2. Immediate law enf./emergency action
155
Q

Interstate Mutual Assistance shall be limited to within __ miles of the common border.

A

50

Note: Misdemeanor and felony follow up in a timely manner is allowed (100.67-5)

156
Q

True or False The bordering state’s Fresh Pursuit Acts statutorily extend peace officer authority to officers from other states when in “fresh pursuit” of a fleeing felon

A

True

157
Q

Whether in pursuit or for collision/investigative follow-up, supervisory approval should/shall be obtained prior to entering the adjoining state.

A

Should

158
Q

What are two means by which a suspect who is physically located in one state may be returned to another state (to face criminal charges)?-

A
  1. not in-custody may voluntarily return
  2. in-custody suspect may be returned consistent with the asylum state’s “Extradition Acts”
159
Q

stops him in AZ. The officer should/shall detain the suspect and request the appropriate law enforcement authorities investigate for a violation of their statutes.

A

Should

160
Q

Routine stops in other states are not allowed. However, When the violation presents an on-going safety hazard and “immediate law enforcement action” is necessary, officers may make an enforcement stop and issue a citation. True or False

A

False – may make a stop, but should not cite. Go complaint to be filed.

161
Q

True or False – A CHP officer investigating a crash in CA can lawfully obtain a forced blood withdrawal from the suspect at an OR hospital.

A

False – OR does not allow forced blood withdrawal

Must know state laws

162
Q

Other State Felony Arrests: The Fresh Pursuit Acts specify officers have both the authority to arrest and hold such “person in custody.” They should be taken before the _________ in the location where they were arrested.

A

Magistrate

Misd. Arrests released to other state agency. Admin Per Se would not apply if they were arrested by other state

163
Q

Exclusive Federal Jurisdiction means?

A

All powers within this category of federal property are vested in the federal government. The state and its political subdivisions are without power to enforce either federal, state, or local laws. May protect the property when requested and serve civil/criminal processes

164
Q

Partial Jurisdiction means?

A

The state has some powers. However, for day-to-day law enforcement activities, there is no practical difference between exclusive federal jurisdiction and partial federal jurisdiction.

165
Q

Partial Jurisdiction means?

A

The state has some powers. However, for day-to-day law enforcement activities, there is no practical difference between exclusive federal jurisdiction and partial federal jurisdiction.

166
Q

Concurrent Jurisdiction means?

A

The federal government, the state, and local governments each have the right to exercise the same authority over the land, including the right to prosecute for crimes. CHP can still not cite for Federal Civil Laws. Area commands will normally patrol roadways

167
Q

Propriety Jurisdiction means?

A

Fed gov. has an interest, but no jurisdiction.

The Department is obligated to provide its full range of services, including collision investigation, code enforcement, and mitigation of on-highway hazardous materials incidents.
(i.e. INDIAN RESERVATIONS)

168
Q

True or False – The CHP can enforce fish and game violations on Indian Reservations (Propriety Jurisdiction)?

A

True – but only against non-native Americans

169
Q

An officer makes a stop on an Indian Reservation and arrests the driver for DUI. The Driver has a BAC of .10. The officer completes the proper admin per se paperwork and books him into jail. Is the arrest legal? Does admin per se apply?

A

The arrest is legal. However admin per se is a civil matter and does not apply (zero tolerance the same and no parking laws).

The only exception is if the Indian Reservation contracts for local police services.

170
Q

Entering into Agreements with Federal Agencies:

Concurrent: Shall attempt operating agreement

Exclusive, Partial or Proprietary: ___ have an operating agreement

A

May

171
Q

Officers should take appropriate enforcement action for all violations observed, regardless of claims of diplomatic or consular immunity alleged by
violators. However, a person shall not be subjected to in-custody arrest when:

A

(1) Diplomatic or consular immunity is claimed by the individual or suspected
by the officer, and
(2) The officer has verified or reasonably suspects that the claim of immunity
is valid.

Do not arrest unless they have no identification and the detention is to verify their diplomatic status

172
Q

Are Consular Officers immune to arrest and detention?

What about Consular employees?

A

Yes (except felony arrest warrants), but must be during an official act (on duty alone doesn’t count)

Generally no immunity

173
Q

Can a Consular Officer, with immunity, be issued a CHP 215 for a traffic violation?

A

Yes – not considered and arrest or detention

174
Q

Are drivers with immunity, who are suspected of DUI, required to take a BAC test?

A

No

175
Q

True or False - Vehicles which are owned by subjects with full immunity may be searched, stored, or impounded without the owner’s permission.

A

False – may not

May be towed a reasonable distance if they are a traffic/safety hazard

176
Q

A photocopy of each CHP 215, CHP 216, or CHP 202 involving an identified diplomat and/or immunity claimant shall be sent via FAX within 48 hours to _________________________.

A

Assistant Commissioner, Field (ACF),

177
Q

True or False - Subsequent to a lawful detention or criminal arrest (i.e., unrelated to illegal presence), officers may detain foreign nationals for alleged illegal presence if United States Immigration and Customs Enforcement (ICE) can respond to investigate within the duration of the unrelated criminal/collision investigation

A

True

178
Q

An officer may not arrest a person for being a suspected illegal alien, unless:

A

They observed the actual illegal border crossing (misdemeanor offense)

179
Q

Can an officer detain a driver who is suspected of smuggling illegal aliens into the U.S.?

A

Yes, it is a federal felony. Call ICE.

180
Q

Can an officer stop someone if they are only suspected of being in the country illegally?

A

No – federal civil violation

181
Q

Whenever an officer arrests or detains an
individual for a criminal investigation and the officer reasonably believes the person is a foreign national, the officer should/shall attempt to determine the person’s citizenship. This procedure applies to in-custody arrests and to detentions exceeding ___ hours

A

Shall

2 hours

182
Q

If the individual indicates they are a foreign national, or if the officer suspects the individual is a foreign national, the officer should/shall advise the individual they are entitled to have their country’s consular representative in the U.S. notified of the arrest or detention and they have the right to communicate with an official from the consulate or embassy of their country.

A

Shall

183
Q

Can a citizen from a country listed under “Mandatory Notification” request their embassy not be notified after and arrest?

A

No

184
Q

It is the responsibility of the custodial facility to ensure that the arrestee is allowed to communicate with, correspond with, and be visited by a consular official from their country. However, if an individual is detained (for more than ___ hours) in some other facility, it is the officer’s responsibility to facilitate communication.

A

2 hours (Such as a CHP Office)

185
Q

In instances involving an arrest or detention of exceeding two hours, the officer should/shall document that consular notification was made?

A

Shall

186
Q

True or False – officers are not required to notify the consulate if a foreign national is killed in a traffic accident.

A

False – are required. Commander’s may enter into an agreement allowing coroner to do it. If CHP requires notification it can be done through Dispatch

187
Q

The Department’s enforcement efforts must be consistent with the organizational values. All enforcement action by members must be based _____________________and accomplished in a businesslike, firm, impartial, courteous, and consistent manner.

A

on sound professional judgment

188
Q

A CHP 215 should/shall normally charge a single, major, hazardous violation observed during the continuing movement immediately prior to the enforcement action.

A

Should

189
Q

True or False - The Area commander may direct the use of off-street observation for
limited periods for the purpose of reducing a specific condition which has not responded to visible enforcement.

A

True

Note: prior approval of the appropriate Division chief

190
Q

Parking in the center median to monitor traffic for any reason, including radar use is discouraged/prohibited.

A

Discouraged

Note: requires Division approval

191
Q

Parking in the center median to monitor traffic for any reason, including radar use is discouraged/prohibited.

A

Discouraged

Note: requires Division approval

192
Q

arrested person has the right to make at least ___ completed telephone
calls, as described, immediately upon being booked or detained, and,
except where physically impossible, no later than ____ hours after arrest.

A

3

3

Note: additional two calls for parent making arrangements for kids.

193
Q

Officers should/shall physically arrest all violators meeting the conditions described in Section 40302 of the California Vehicle Code (CVC).

A

Should – may choose complaint to be filed under certain circumstances (sick, juvi’s, etc.)

Note: Felonies shall

194
Q

True or False – If a violator refuses to sign the CHP 215, the supervisor shall determine the appropriate course of action and respond to the scene as necessary.

A

True

195
Q

In general, minors are not allowed to be placed in an adult jail or lock up (holding cell). An exception permits the temporary,
secure detention of a minor in a police or sheriff’s lockup, not a jail What are the exceptions (3)?

A
  1. 14 or older
  2. Temp. custody for violating crime law
  3. serious security risk of harm to self or others (602 W&I)
196
Q

If meeting the appropriate criteria, a minor may be locked in a room or cell in the station may not be detained longer than ___ hours.

A

6

Longer must be transferred to juvenile facility

197
Q

Yes or No – May a juvenile be transported to an adult jail for a chemical test?

A

Yes – as long as certain conditions are met. In general avoid contact with any adults

198
Q

Yes or No – May a juvenile be transported to an adult jail for a chemical test?

A

Yes – as long as certain conditions are met. In general avoid contact with any adults

199
Q

True or False – A minor must be advised of their Miranda Rights as soon as they are suspected of committing a criminal act?

A

False –

Same as adults. If no interrogations, the officer shall advise the minor of their constitutional rights just prior to the release of the juvenile to a jail facility or a parent to comply with Section 625 WIC.

200
Q

Citizen’s Arrests: Uniformed employees of this Department shall/shall, subject to the discretionary power vested in them by law, accept custody of persons arrested by private persons.

A

Shall

201
Q

Citizen’s Arrest: If the officer issues a CHP 215, what should be documented in the special box?

A

Private Persons Arrest

202
Q

True or False – Citizen’s Arrest: The accepting officer is required to determine if there is PC for the arrest.

A

False – no requirement

203
Q

Citizen’s Arrest: After taking custody, facts of the arrest become known to the officer and the officer is satisfied that there are
insufficient grounds for making a criminal complaint against the person arrested, the arrested party should:

A

be released from custody pursuant to Section 849(b)(1) PC.

204
Q

When circumstances require issuance of a CHP 103 (release per 849b PC), it shall be completed in _______(how many copies).

A

Duplicate

205
Q

If an officer decides to make a physical arrest of a driver for a violation of
Section 12500 CVC, Unlicensed Driver; or Sections 14601 through 14601.5 CVC. What is he required to do first

A

shall only be made with the concurrence of a supervisor or in response to a warrant.

Note: Drivers charged only with Section 14603 CVC shall not be taken into custody only to prevent recurrence of the offense.

206
Q

If an officer is going to release a driver for violations of Sections 12500 and 14601 through 14601.5 CVC. What should the officer do: (one of three)

A
  1. Admonishing not to drive.
  2. Allowing a licensed passenger to drive.
  3. Impounding the vehicle
207
Q

Off-duty enforcement actions are _______ and should not be conducted unless the violation is serious in nature or poses a danger to the public.

A

Discouraged

shall, as soon as practical, notify their command

208
Q

Prima Facie Speed Limits: At 10 miles per hour (MPH) or more above the prima facie speed limit, the officer should/shall stop and should/shall issue a CHP 215, Notice to Appear.

A

shall

should

209
Q

True or False - At 5 MPH or more above the absolute speed limit for the vehicles(s) or roadway, the officer shall stop and should issue a CHP 215.

A

True

210
Q

At 10 MPH or more below the normal speed of traffic, the officer shall stop and shall issue a CHP 215. True or False

A

False – should cite

211
Q

Deployment of PCFVs (Primary Collision Factor Vehicles – former SMPV’s) shall be operated only by officers wearing the traditional tan work uniform. True or False

A

False – may wear utility uniform if they have Level 1 commercial training

212
Q

The use of unmarked vehicles for the apprehension of violators of Section 23109 CVC (speed contest) must be approved by the ___________.

A

Office of the Commissioner

213
Q

As the result of several court decisions and the terms of a partially vacated injunction placed against the Department, it is extremely difficult to cite motorcyclists for wearing helmets not in compliance with
FMVSS Standard No. 218. Therefore, Officers should/shall not cite for hard shell beanie-type helmets.

A

Shall

Note: officers shall not attempt to make this determination prior to or during an enforcement stop. Supervisor approval is required to cite.

214
Q

Section 21212(a) CVC provides no person under 18 years of age shall operate or ride as a passenger upon a bicycle, a non- motorized scooter, or a skateboard, nor shall they wear in-line or roller skates unless the person under ___ years of age is wearing a properly fitted and fastened bicycle safety helmet.

A

18

215
Q

Section 21224 CVC states a person operating a motorized scooter is / is not subject to the provisions of the CVC relating to financial responsibility, registration, and license plate requirements, and for those purposes, a motorized scooter is not a motor vehicle

A

Is not

216
Q

What is the impound authority when towing a pocket bike / mini bike from a highway?

A

Isn’t one. They do not have a 17 digit VIN, so they are considered property. Officers can seize the bike if driven on the sidewalk or any portion of the roadway

217
Q

Section 27315 CVC mandates safety belt use by drivers and passengers in motor vehicles but excludes the following:

A
  1. Taxi operators
  2. Rural mail carriers
  3. Newspaper delivery
  4. Certified-physically/medically disabled
  5. Auth Emergency vehicle / unless policy states you are required
  6. Sleeper berth
  7. Collection of solid waste
218
Q

Children less than ___ years of age are subject to the requirements of Section 27360 CVC.

A

8

219
Q

True or False – Farm labor vehicle are exempt from seatbelt laws if operated on the ranchers property and not more than one mile of highway between parts of the farm or ranch.

A

True

220
Q

Evidence of financial responsibility must only be in written form. True or False

A

False - Evidence of FR may be written or provided electronically using a mobile electronic device

221
Q

True or False - Pursuant to departmental policy, officers shall accept expired insurance cards if the driver indicates the policy is still in effect and the card contains the name of the insurance company and the policy number.

A

True

Note: and accept any FR in written form even if handwritten

222
Q

Section 23123 (hand held cell phone use)
Unlawful except for emergency purposes, including, but not limited to, an emergency call to:

A
  1. A law enforcement agency;
  2. Health care provider;
  3. Fire department; or
  4. Other emergency services agency or entity.

Note: also applies to minors

223
Q

True or False - An emergency services professional using a wireless telephone while operating an authorized emergency vehicle, in the course and scope of Employment may still be cited for 23123 VC (cell phone)

A

False

224
Q

23123.5 VC (Texting): A person shall / shall not be deemed to be writing, reading, or sending a text-based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a hands-free telephone call.

A

Shall Not

225
Q

Officers may/should/shall not seize a wireless telephone to determine if the driver is using it for emergency purposes as listed in paragraphs 11.b(1)(a) and 11.b(2)(a).

A

Shall not

226
Q

602 W&I – refers to people under ___ years of age.

A

18

Note: All minors under the jurisdiction of the juvenile court

227
Q

Section 627 WIC provides that an officer taking a minor before a probation officer or to a place of confinement shall take immediate steps to notify a relative. This section also provides that the minor has the right to make ___ telephone calls, one of which may be to their parent or guardian, responsible relative, or their employer; the other may be to an ________.

A

2

Attorney

Note: unless physically impossible must be done NLT one hour after taken into custody

228
Q

A minor taken into custody for a violation of criminal law, who is under 14 years of age or is not believed to be a security risk, may be kept in temporary custody at a law enforcement facility as long as they are not:

A

locked in a cell or room (non-secure)

229
Q

A minor taken into custody for a violation of criminal law, who is under 14 years of age or is not believed to be a security risk, may be kept in temporary custody at a law enforcement facility as long as they are not:

A

locked in a cell or room (non-secure)

230
Q

Unless the violator can ________________________, Officers shall physically arrest violators, as required by law, in response to a warrant. The warrant may be either an original or an abstract relayed by the issuing agency.

A

produce evidence in the form of a receipt showing that the fine for the violation on which the warrant is based has been paid.

231
Q

True or False - Officers shall not conduct a field check for outstanding warrants unless there is reasonable suspicion that a warrant may exist and/or the check can be accomplished without resulting in an unreasonable delay.

A

True

232
Q

An officer arrests a person for a controlled substance offense and later determines the person is a school teacher. What is required to be done, if anything:

This also applies to sex crimes

A

The commander shall notify the teachers superintendent immediately by telephone. Also applies to non-teacher employees

233
Q

When a member of this Department handles a hate crime investigation to
conclusion, the victim shall be provided with a __________________.

A

CHP 876, Rights of Hate Crime
Victim’s brochure.

234
Q

Victims of hate crimes (also sex crimes) can remain confidential, so they should also be issued a CHP 174, Right to Privacy Acknowledgement. The offer of confidentiality shall be made _________(when) and a CHP 174 shall be completed with the victim’s name and address.

A

prior to the initiation of a report

Note: If confidentiality is invoked, the CHP 174 shall become the face page to the report. “John/Jane Doe” shall be inserted in the place of the victim’s name and address excluded

235
Q

5150 WIC: True or False - Officers are should /required to advise the person that this is not an arrest but a detention and to supply a written record of this advisement to the treatment facility staff. Officer should also complete a form MH-302 documenting the PC for detention.

A

Required

236
Q

What shall an officer investigating a sexual assault provide the victim, even if it was not a domestic violence offense.

A

Victims of Domestic Violence Card. Contains counseling information and victim’s rights. Obtained from allied agency.

237
Q

The officer shall/should also immediately notify the local rape victim counseling center pursuant to Section 264.2(b)(1) PC if the victim is transported to a hospital for any medical evidentiary or physical examination and the sexual assault involves an alleged violation … mostly all felony offenses.

A

Shall

238
Q

Is the victim’s statement of abuse or threat of abuse is sufficient justification to seek an EPO.

A

Yes – officer shall assist person with obtaining EPO

Officers may issue EPOs and shall carry those orders while on duty.

239
Q

Domestic Violence is defined as abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or a person with whom the suspect has had a child or _______________(what other type of relationship.

A

is having or has had a dating or engagement relationship

240
Q

A CHP 182, Domestic Violence Resource Information form, is similar to the Domestic Violence Card, but is not ______ specific.

A

County

241
Q

True or False - Pursuant to Section 679.026 PC, every law enforcement agency investigating a criminal act at the time of initial contact with a crime victim, or during follow-up investigation, or as soon
as deemed appropriate by the investigating officers, shall provide to each victim of a criminal act a Marsy’s Rights card.

A

True – Available on AG website

242
Q

It is the responsibility of the __________ to obtain the current Domestic Violence Card from the local law enforcement agencies within their jurisdiction.

A

Commander

SHALL be carried by officers in the field

243
Q

Pursuant to Section 13701 PC, officers shall attempt to identify the _______aggressor in an incident and, where possible, arrest that individual rather than routinely making dual arrests.

A

Dominant

Note: most significant, not necessarily the first

244
Q

Pursuant to Sections 13959-13969 GC, law
enforcement agencies are required to inform individuals who are victims of ______ _______ of the availability of the indemnification program and issues a CHP 170, notice to Victims of Violent Crimes

A

Violent Crimes

245
Q

Pursuant to Section 12028.5 PC, peace officers who are at the scene of a family violence incident involving a threat to human life or a physical assault shall take temporary custody of any firearm or other deadly weapon. What should be issued and how long at a minimum shall it be kept?

A

CHP 36

Weapons shall be held not less than 48 hours and unless retained for evidence, must be available for release not more than 48 hours after the seizure, or no later than five business days after a Law Enforcement Gun Release Application is approved by DOJ.

246
Q

May an officer attempt to obtain a CHP 175, Application for Emergency Protective Order, for a case involving elder abuse or child abuse?

A

Yes

247
Q

True or False – The area commanders shall ensure their Area’s standard operating procedure (SOP) contains the necessary direction about local procedures for handling court protective orders.

A

True

248
Q

Are out of state protective or restraining order enforceable in California?

A

Yes

249
Q

Is proof of service required before an officer can make an arrest for an EPO or restraining order violations?

A

Yes

250
Q

An EPO expires no later than the close of judicial business on the ___ court day or
the ____ calendar day following the day of issuance.

A

5th

7th

251
Q

Once an EPO is issued, the officer shall notify the _______ ________ so it can be entered into DVROS.

A

Communications Center

252
Q

True or False - A DOJ form SS 8572, Suspected Child Abuse Report, is required to be completed for a misd. child endangerment charge that is added to the charges when booking a DUI driver.

A

True

253
Q

As far as crimes involving child abuse and neglect, what is the LCDA?

A

Local County Designated Agency

254
Q

RE: Child Abuse/Neglect: The commander shall ensure all uniformed personnel have a signed copy of the CHP ____ in their personnel folder.

A

CHP 192, Receipt of Requirement to Report Child Abuse

255
Q

RE: Child Abuse/Neglect: The commander shall obtain local resource information (i.e, shelters) and ensure the _____ contains necessary direction about local procedures for handling protective custody of minors and incidents of child abuse or neglect

A

SOP

256
Q

Section 305 WIC allows a ________ to take temporary custody of a minor without warrant if the minor requires care, is in immediate danger of harm or injury, or is left unattended and the parent(s) is/are not available or cannot care for the minor.

A

Peace Officer

257
Q

True or False

If the CHP’s response is limited to “standing by” until the LCDA arrives and assumes responsibility, the LCDA is required to prepare the DOJ SS 8572 within 36 hours.

A

False – CHP must still prepare

258
Q

True or False: The right to remain confidential applies to victim of abuse. If the victim and/or parent/guardian wish to remain confidential, the CHP 174 should become the face page of the report. They should also be listed as Jane/John Doe on CHP 202/216 face page.

A

True

If not invoked the CHP 174 will become an attachment

259
Q

An officer who handles an incident involving a violation of Sections 261, 261.5, 262, 286, 288(a), or 289 PC, is not required to provide a “Victims of Domestic Violence” card to the parent/guardian of the child victim.

A

False – Shall immediately

Is required even if it does not fit the definition of domestic violence.

260
Q

Personnel should/shall access the 144 Hospitalized/In-Custody System for possible information on persons reported as missing, overdue, or as a runaway. If results are negative, an “attempt to locate” (ATL) should/shall be promptly broadcast to the appropriate California Highway Patrol (CHP) field personnel.

A

Shall

Shall

261
Q

Generally, reports of missing persons should be referred to the appropriate local law enforcement agency. When conducting a preliminary investigation, Officers may/should/shall utilize a DOJ Missing Person Report (CJIS 8568).

A

Shall

Note: Shall also provide the phone number for DOJ Missing Person Hotline

262
Q

Mandatory Advisement for Missing Persons Cases: CHP must advise the allied agency in which the person resides and last seen. Also, you must offer the family member a voluntary_____ sample.

A

DNA

263
Q

Section 14205 PC requires notification to DOJ, for inclusion in the Violent Crime Information Center and the National Crime Information Center databases, within___ hours of accepting a report of a missing person under age___ or at risk.

A

2 hours

21 years old

Note: Notice to the Appropriate Law Enforcement Agency. Within 24
hours of taking a preliminary missing persons report

264
Q

True or False - If a missing adult is located, the reporting party should be contacted immediately with the whereabouts of the missing person.

A

False – only located and unharmed

Note: unless the person physically or mentally incapitated

265
Q

The Department may provide information to the public about a person required to register as a sex offender pursuant to Section 290 PC. Under what conditions?

A

When necessary to ensure public safety based upon information available to the Department concerning that specific person.

266
Q

True or False

Departmental personnel releasing sex offender information to the public are not required to complete a report regarding the incident. The report shall be maintained at the Area office for five years.

A

False – Shall complete a CHP 216

267
Q

True or False - If the California Highway Patrol is the lead enforcement agency investigating an unintentional or self-inflicted gunshot wound with a victim 18 years of age or younger. They shall complete a California Firearms Injury Report

A

True

268
Q

True or False - Generally, the ENTAC commander or designee will be responsible for determining if an incident meets the
AMBER Alert criteria.

A

False - Generally, the investigating agency

269
Q

What departmental entity can be the only one to initiate EAS through the National Weather Service? And what entity must approve all Amber Alerts?

A

ENTAC

ENTAC

270
Q

Under no circumstances will an AMBER Alert be initiated by the Department for an incident that does not meet all of the criteria listed below. (Name 4)

A

(1) Confirmation that an abduction has occurred (e.g., witness verification, alternative explanations for a child’s absence eliminated).
(2) The victim is 17 years of age or younger, or an individual with a
proven mental or physical disability.
(3) The victim is in imminent danger of serious bodily injury or death.
(4) There is information available that, if disseminated to the public, could assist in the safe recovery of the victim.

271
Q

True or False - If an abduction does not meet the Amber Alert Criteria, the Department may still assist by activating electronic message boards and placing alerts on Highway Advisory Radio.

A

True

272
Q

Any on-duty employee who receives an initial report of an actual or possible child abduction incident from a victim or witness shall immediately report it to their _______.

A

Supervisor

273
Q

Blue Alert in intended to solicit help from the public in the safe and swift apprehension of violent suspects that have killed or seriously injured ___________.

A

law enforcement officers and continue to pose a threat to public safety.

274
Q

MISSION. The mission of the California Highway Patrol is to provide the highest level of safety, service, and security to the people of California. This is accomplished through four departmental goals:

A

Protect Life and Property
Enhance Public Trust through Superior Service
Invest in Our People
Anticipate Public Safety and law Enforcement Trends and Provide Assistance to Allied Agencies.

275
Q

ORGANIZATIONAL VALUES. To accomplish our mission, we are committed to the following organizational values as the foundation of our pledge to public safety and service: (Name 4)

A

1) Respect for others
2) Ethical practices
3) Equitable treatment for all
4) Fairness

276
Q

MANAGEMENT PHILOSOPHIES.

The following concepts guide the Department’s overall philosophy of enhancing public safety and service through a participative management program. (5)

A

1) Public Responsibility
2) Leadership and Innovation
3) Organizational Development
4) Personnel Development
5) Command Accountability

277
Q

The purpose, mission, and objectives of the California Highway Patrol (CHP) are based upon an overriding pledge to provide the highest degree of: (3)

A

safety, service, and security

278
Q

What is CHP PRIDE?

A

Courage
Honesty
Professionalism

Principles
Respect
Integrity
Dedication
Esprit de Corps

279
Q

Smoking shall not be permitted within 20 or 25 feet of doorways, ground level air intake structures, and operable windows.

A

25 feet

280
Q

A commander may find it justifiable to prolong office hours beyond the period encompassing 0800 to 1700 hours daily, except Saturday, Sunday, and legal holidays. During the extended hours, offices shall be staffed at the commander’s discretion, except that at least _______ will be used for coverage.

A

One officer

281
Q

True or False - Normally, an officer should not be assigned as an acting sergeant unless their name is listed on the current sergeant promotional list. They can complete all duties normally assigned to a Sergeant.

A

False – No performance appraisals, no 415 approvals

282
Q

An OIC shall only be appointed when ___ or more officers will be on duty under their supervision. Officers who are assigned to perform the duties of an OIC for ___ hours or more during a regular shift shall receive the OIC pay differential as specified in the current Bargaining Unit 5 Labor Agreement.

A

2 or more officers

6 hours

283
Q

An OIC manual should/shall be developed, or a section of the Area Standard Operating Procedures (SOP) shall be devoted to the OIC program.

A

Should

284
Q

The Department’s EIS (Early Intervention System) is a proactive program designed to identify and positively influence ________ or ___________exhibited by individual employees.

A

conduct or performance-related matters

285
Q

The goal of EIS is to address work performance before it results in______, _____, ________, or other negative consequences.

A

discipline, lawsuits, injuries

286
Q

The following events will be used to identify circumstances warranting an intervention advisory and supervisory review:

A

(1) Citizens’ complaints – 3 in 18 months
(2) Use of force – 3 in 12 months.
(3) MOD’s – 2 in 12 months.
(4) Censurable CHP 2 – 2 in 12 months.
(5) Positive written performance documents – 2 in 12 months.

287
Q

Within Area commands, staffing levels are primarily based on needs of the
Department. However, in general, the criteria for the rank of the commander
should be as follows:

A

(1) A command with 30 or less officers should be commanded by a lieutenant.

(2) A command with more than 30 officers should be commanded by a captain.

Note: ACF can make exceptions

288
Q

True or False

Multi-Area/Agency Pursuit Report: When more than one Area or Division is involved in the same pursuit, each involved Area or Division is responsible for completing and
reviewing only those portions of the report that apply to their involvement.

A

True

289
Q

True or False

The first Area to initiate the pursuit will complete the “Create New CHP 187

A

False – The first Area to create a pursuit report will complete the Create New CHP 187 page.

290
Q

Each PRS CHP 187, pursuit report, shall be completed within ___ calendar days following the date of occurrence.

A

10

291
Q

True or False - CHP employees shall not participate while on-duty in parades, community or organization celebrations, or advocacy events without prior approval of their direct supervisor.

A

False – Commander

292
Q

RE: Special Relationships - A Peace Officer owes a duty of care to the public when the officer:

A

(1) Places a person in peril;
(2) Affects or increases the risk of harm to a person by specific conduct; or
(3) Creates a Special Relationship by making an express or implied
promise to undertake specific conduct on behalf of an individual and that individual detrimentally relies on that promise.

293
Q

Uniformed personnel establishing Special Relationships as defined in this Order should remain at the scene until one or more of the following occur:

A

(1) properly relieved by CHP personnel.
(2) relinquished the scene management responsibilities to governmental agency having primary responsibility
(3) learned of a reasonably apparent emergency requiring their immediate attention elsewhere.
(4) They have received direction from a supervisor to assume duties elsewhere.
(5) assistance and/or protection is no longer reasonably necessary.

294
Q

True or False

Personnel shall not place motorists, passengers, or pedestrians in a position of foreseeable danger from either traffic or other potentially hazardous factors after contact has been made.

A

True

Remember: FORSEEABLE DANGER. Key to Special Relationships

295
Q

Employees who have been unavailable for a cancellation notification shall contact their office within __ hours of the scheduled court appearance between 0800 and 1700 hours, Monday through Friday, excluding legal holidays.

A

24

296
Q

You stop one vehicle with four occupants, cite the driver for speeding and search two passengers. How many entries will you have on the CHP A415.

A

3 - An entry on the CHP A415 must be made for each person contacted

297
Q

Any individual who is cited and released for a recordable offense in lieu of formal booking must be ________prior to their appearance in court.

A

Fingerprinted

A CHP 194, Fingerprint Notification/Verification, shall be provided to the violator at the time the citation is issued.

298
Q

What box shall be checked on the CHP 215 when a suspect is cited and released for a recordable offense?

A

The BOOKING REQUIRED box.

299
Q

True or False - In the case of an accident where a motor vehicle has killed or injured livestock, reasonable efforts shall be made to locate and notify the owner(s) of the animal(s).

A

True

300
Q

True or False - An arrestee is required to give his SS number for CHP 202/216 purposes.

A

False - release of this information is voluntary

301
Q

True or False – An OIC, Acting Sergeant or Sergeant shall review and sign all arrest reports.

A

True

302
Q

Normally, two officers shall be assigned to a field patrol unit between 2200 and 0600 hours. However, _________ may authorize the assignment of one-officer field patrol units between 2200 and 2400 or 0400 and 0600 hours.

A

Division Chiefs

303
Q

MVARS: Sworn employees who operate
MVARS equipment, and those who immediately supervise or manage such employees, shall review this policy on an ______ basis.

A

Annual

304
Q

In circumstances where there is a need to view buffer time between events in the video review or burn the loop contents, the approval of the ___________ is required

A

Commissioner

Commissioner’s office has admin password

305
Q

Managers, supervisors, or other authorized personnel may only review non-threshold event video recordings under the following circumstances:

A

(1) employee responsible for the MVARS event recording voluntarily agrees
(2) Prior to the approved release of the recording outside the Department
(3) For the purpose of proving or disproving specific allegations of misconduct.
(4) If not covered above, the Division commander’s approval shall be obtained and the OER shall be notified. Each circumstance will be evaluated on a case by case basis.

306
Q

True or False -There will be a $5 charge for DVDs copied as a result of a criminal
subpoena duces tecum or discovery order.

A

False – No charge

307
Q

True or False - The copying, viewing, and releasing of DVDs maintained for civil proceedings shall be coordinated through Legal Affairs Section, Case Management Unit. A fee is required for each DVD copy

A

True

308
Q

Division WSP coordinators shall ensure Warrant Service training is conducted. A minimum of one_______, per quarter, shall be utilized to provide training.

A

8 hour

Note: should attend recertification training every 2 years

309
Q

What are the four components of “knock and notice”

A

(1) Knock and give notice of presence.
(2) Identify as peace officers.
(3) Explain purpose. (“We have a search/arrest warrant.”)
(4) Demand entry and wait a reasonable amount of time.

310
Q

The courts have held that Knock and Notice is not necessary where exigent circumstances exist. What are they:

A

(1) Serious injury or loss of life (officers and/or the public).
(2) Serious damage to property.
(3) Destruction of evidence or property.
(4) Escape of the suspect(s).

311
Q

Can forcible entry be made into a residence for an arrest warrant if no one answers the door?

A

Maybe - Arrest warrants require the belief that the suspect is inside before forcible entry is allowed.

312
Q

For each MEP holiday, enforcement efforts shall focus on _________, ________ and ___________, but does not preclude officers from enforcing all other observed traffic violations.

A

occupant restraints, speed violations, and driving under the influence

313
Q

MEP: Field commands utilizing a 9- or 8-hour work shift for most officers shall schedule and deploy a minimum __ percent of all available field officers for each shift during the MEP.

A

80 (includes egress/ingress)

314
Q

In order for a consent search to be lawful, the following requirements must be met:
(4)

A

(a) Consent must be granted freely and voluntarily.
(b) The person granting consent must have “standing” over the items to be searched.
(c) The scope or limitation of the search must be defined and cannot be exceeded by the officer.
(d) The person granting consent has the right and the ability to withdraw consent at any time.

315
Q

A probable cause search is conducted with negative results. Is documentation required?

A

CHP 216 and Shall include:
1) location and reason for stop and/or contact, 2) specific observations which
provided reasonable suspicion/probable cause which led to a search, 3) contraband /evidence and location where found, 4) condition of vehicle/property prior to and after search, 5) names and ID numbers of personnel assisting with the stop/ search.

316
Q

True or False: If an arrest is made the original copy of the CHP 202D shall be attached to the arrest report and a copy made for the 202D file.

A

True

317
Q

When worn on the uniform, communication devices shall/should be in the silent/vibrate mode. Communication devices carried while on a tactical deployment Shall/should be concealed for officer safety.

A

Shall

Should

Sergeant Policy Review (3 decks)

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