Traffic Enforcement Policy Manual Flashcards
This procedure is to be used when violation of law is observed but officer is not certain of accuracy or observation regarding elements of violation
Verbal warning
Officers patrolling highways observing motorist behavior or writing reports SHALL remain on their ____ and in public view at all times
Assigned beats
Parking in freeway ramps for purpose of observing motorist behavior is normally ___
Prohibited
Monitoring traffic from the center median requires ___ approval
Division
Arrested person has the right to make at least __ completed telephone calls, immediately upon being booked or detained and except where physically impossible no later than ___ hours after arrest
3 and 3
Upon arresting a custodial parent with responsibility for a minor child, arrested SHALL be entitled to make ___ additional calls for purpose of arranging care for minor
2
Officers should physically arrest all violators meeting conditions of 40302 VC. Exceptions may apply for:
- over excited persons with small children
- elderly persons who are confused and as a result, become obstinate
- sick persons
- pregnant woman
- juveniles
If person refuses to sign CHP 215 and before taken into custody pursuant to section 40302(b) arresting officer:
- SHALL direct violators attention to statement of without admitting guilt
- explain signing citation is the same as cash bail which is required for release of taken before magistrate or jail
- if violator still refuses to sign SHALL notify on duty supervisor and supervisor will determine appropriate-course of action and respond if necessary
- as final measure violator SHALL be taken without delay to magistrate and if request to sign prior to booking SHALL be permitted to do so
Officers should cite and release specific misdemeanor offenses listed in 40303 and 40303 CVC unless officer has reasonable cause to believe:
- violator will not be available for due process
- continued liberty of violator presents danger to themselves or others
- violator is suspected of violating section 2813 CVC relating to refusal to submit to inspection size, weight, and/or equipment
- violator is suspected of violation section 21200.5 CVC DUI bicycle or 2122.5, DUI motorized scooter
Custody of minors. Section 626 and 626.5 of WIC provide officer may:
- release minor
- deliver or refer minor to public or private agency which city or county has agreement plan to provide care
- prepare CHP 215 for appearance before PO of county in which minor was taken into custody
- take minor without necessary delay (24 hours or less) before PO of county in which taken into custody
Officer taking minor to PO or place of confinement SHALL take immediate steps to notify relative. Minor has right to make ___ phone calls
- 1 to parent/legal guardian, responsible relative, or employer and 1 to lawyer
Minors phone calls are to be allowed no later than ___ hour after minor taken into custody and must be made in presence of officer or employee
1
Exceptions permit temporary, secure detention of minor in police or sheriffs lockup:
- Minor is 14 years of age or older
- minor is taken into temporary custody on basis of violated a criminal law (section 602 WIC)
- peace officer apprehending minor has reasonable belief minor presents “serious secure risk of harm to self or others”
Minors may be locked in rooms meeting criteria but subject to following conditions:
- may not detain la get than 6 hours
- temporary detention must be for purpose of giving office time to investigate case, facilitate release to parent/guardian, or arrange transfer to appropriate juvenile facility
- must be separated from adults
- must be told how long incarceration can last
- must be adequately supervised
- LE agency must keep written record explaining need and length of secure detention
Minor taken into custody under 14 years of age and not believed to be security risk may be kept in temporary custody at LE facility and final disposition must take place within ___ hours, unless minor remains in premise voluntarily
6
