Procedure 4 Flashcards
4.01 STOP/DETENTION AND PAT DOWN PROCEDURES
Contacts that do not lead to enforcement action may be documented on the Officer’s Daily Journal, ______________.
at the officer’s discretion
4.01 STOP/DETENTION AND PAT DOWN PROCEDURES
What is common court terminology for reasonable suspicion?
“Criminal activity is afoot”
4.02 EYEWITNESS IDENTIFICATION
A suspect may waive the right to an attorney at the line-up, but it must be done how?
freely, intelligently, and in writing.
4.02 EYEWITNESS IDENTIFICATION
Can the defendants attorney be permitted to observe the procedure?
Yes he shall, but not to control or obstruct the procedure.
4.02 EYEWITNESS IDENTIFICATION
May the attorney speak with any witnesses after the line up?
Yes, but only if the witness agrees to speak with the attorney.
4.02 EYEWITNESS IDENTIFICATION
All line-ups should consist of at least how many persons?
four persons in addition to the suspect
4.02 EYEWITNESS IDENTIFICATION
True or False
Except in very rare instances, photographic line-ups should be conducted by investigative personnel only.
True
4.02 EYEWITNESS IDENTIFICATION
There should be at least how many photographs?
four, in addition to the suspect’s photograph
4.02 EYEWITNESS IDENTIFICATION
Can case agents present the sequential photo line-up(s)?
yes
4.02 EYEWITNESS IDENTIFICATION
True or False
Even if an identification is made, do not continue showing all of the remaining photos in the line-up.
False
Even if an identification is made, continue showing all of the remaining photos in the line-up.
4.02 EYEWITNESS IDENTIFICATION
How many times should a sequential line-up be shown?
once,
do not repeat a second showing unless asked to do so by the witness.
4.02 EYEWITNESS IDENTIFICATION
Only show the sequential line-up ______ times.
two
4.02 EYEWITNESS IDENTIFICATION
What are the three exceptions where you would bring the suspect to the victim?
- PC to arrest
- consent
- Impracticality
a. The Witness is Injured
b. Availability of Officers is Limited
4.03 ADMONITION PROCEDURES
If the suspect is a juvenile, what alone will require an advisement of his or her rights; regardless of whether or not they are interviewed (refer to Welfare and Institutions Code, Section 625)?
custody
4.03 ADMONITION PROCEDURES
A felony suspect in custody should not be warned of his or her rights (except juveniles) and a waiver solicited unless an interrogation is to __________________ or in the very near future. Conversely, Interrogation should commence, ____________________, following a warning and waiver.
follow immediately
without any significant delay
4.03 ADMONITION PROCEDURES
If, after invoking the right to silence or counsel, the individual changes their mind and freely indicates that they now wish to speak, what shoud be done?
the individual should be re-admonished and be allowed to speak and be questioned.
4.04 DOMESTIC VIOLENCE
A physical arrest _______ be made when there is probable cause to believe that a felony has occurred.
shall
4.04 DOMESTIC VIOLENCE
A physical arrest of a suspect ________ be made if a misdemeanor has occurred in the officer’s presence.
shall
4.04 DOMESTIC VIOLENCE
PC 836(c) provides that officers __________ make an arrest and take a suspect into custody, without a warrant, for a misdemeanor DV Protective or Restraining Order violation, whether or not the violation occurred in the officer’s presence, when probable cause exists that the suspect has notice of the order and has violated the order.
shall
4.04 DOMESTIC VIOLENCE
True or False
Once a suspect is arrested, officers WILL NOT issue misdemeanor citations due to the volatile nature of domestic violence.
True
4.04 DOMESTIC VIOLENCE
If a situation arises where it becomes necessary to release a suspect with a misdemeanor citation, who must be contacted?
a field supervisor must be contacted and must approve the issuance
4.04 DOMESTIC VIOLENCE
The weapon shall be held at least how long?
48 hours
4.04 DOMESTIC VIOLENCE
CDs from cases for which a suspect is in custody _______ be placed in the secured box prior to the end of shift
SHALL
4.05 PROTECTIVE ORDERS
An “Orders to Show Cause” is valid how long?
10 to 21 days pending a formal hearing
4.05 PROTECTIVE ORDERS
The Order After Hearing will state on its face the expiration date of the order, typically lasts how long from the date of issuance?
three years
4.05 PROTECTIVE ORDERS
The court may order a permanent restraining order remain in effect for up to how long?
five years
4.05 PROTECTIVE ORDERS
If the Sheriff’s Office cannot verify the order, may it still be enforceable?
yes
If the responding officer believes in good faith that an order presented to him or her at the scene is valid and the suspect was on notice (referring to questions “2” through “6”), a private person’s arrest may be made even though the Sheriff’s Office was not provided a copy to enter into CLETS.
4.05 PROTECTIVE ORDERS
If a physical arrest is made, and the suspect is going to be transported to jail, the officer will do what?
pick up a copy of the order at the Sheriff’s Office prior to booking approval by the Watch Commander.
Officers will submit the copy obtained to the Domestic Violence Unit through interoffice mail, MS759.
4.05 PROTECTIVE ORDERS
The reports should include the name and ID number of the Sheriff’s deputy who did what?
provided information over the telephone.
4.05 PROTECTIVE ORDERS
Shall an EPO be issued based solely on an allegation of financial abuse of an elder or dependent adult?
No
4.05 PROTECTIVE ORDERS
The officer requesting the EPO shall carry copies of the order till when?
while on duty until the end of their shift (mandated by Family Code, section 6273).
4.08 NOTIFY WARRANT PROCEDURES
May Traffic citation forms be used to request notify warrants?
No, the may not be used