Written 5 Flashcards
What are the 4 COMMAND ILLNESS AND INJURY CASE MANAGEMENT objectives? (HPM 11.1)
- BENEFITS
- REPORTING
- COMMUNICATION
- RETURN TO WORK
How many sets of evidence keys Shall each area have? (HPM 22.1)
2
What are the dollar amounts for the change drawer and petty funds? (HPM 22.1)
CHANGE: $100
PETTY: $200
What are the three basic types of evidence? (HPM 70.1)
- Testimonial
- Documentary
- Physical
How shall suspected PCP be bagged? (HPM 70.1)
Double bagged in heat sealed polyester or plastic
Large quantities of controlled substances, in excess of how many pounds, may be destroyed without a court order? (HPM 70.1)
Ten pounds
Money in excess of $1,000, seized as evidence or safekeeping, shall be secured how? (70.1)
Shall be secured inside evidence room, a secure safe, an allied agency evidence room, or safety deposit box at a bank. Shall not be stored in pass-through locker.
Who shall be notified when securing money in excess of $1,000? (HPM 70.1)
Area evidence officer, alternate, or Area Commander
When the Department confiscates live marijuana plants, how shall the plants be stored? (HPM 70.1)
In paper bags, cardboard containers, or wrapped in paper material.
What are the 6 purposes of the CHP 36? (HPM 70.1)
- Record of evidence/property
- Receipt of property taken
- Notice right of property hearing
- Declaration of ownership
- Affidavit (person turns in found property)
- Report for found property
List the 8 ways to dispose of Evidence? (HPM 70.1, 9-3)
- Return to owner/finder
- Sale
- Destruction
- Recycle
- Discard (items little or no value)
- Other claims of ownership (civil, pawn, insurance company)
- Donate to charity
- Departmental training/educational uses
A court officer shall forward adjudication records to the evidence officer in how many working days? (HPM 70.1, 9-4)
2
Evidence (pending adjudication) from cases that are punishable by death or life imprisonment, or embezzlement of public funds or falsification of public funds, shall be held how long? (HPM 70.1, 9-5)
Indefinitely
Evidence (pending adjudication) from cases that involve felony sexual offenses, shall be held how long? (HPM 70.1, 9-5)
10 years
Evidence (pending adjudication) from cases that could result in imprisonment for 8 years or more, shall be held how long? (HPM 70.1, 9-5)
6 years
Evidence (pending adjudication) from cases involving penal code section 368 (elder abuse), shall be held how long? (HPM 70.1, 9-5)
5 years
Evidence (pending adjudication) from cases that are punishable by imprisonment is state prison shall be held how long? (HPM 70.1, 9-5)
3 years
Evidence (pending adjudication) from misdemeanor/infraction cases shall be held how long? (HPM 70.1, 9-5)
1 year
Evidence from THRESHOLD INCIDENTS, shall be held at least how many years? (HPM 70.1, 9-5)
10 years
Evidence from infraction cases shall generally be disposed of how often? (HPM 70.1, 9-5)
12 month, rotating basis
Evidence from MAIT cases shall be held how long? (HPM 70.1, 9-6)
10 years
Evidence from ADJUDICATED cases shall be held how long? (HPM 70.1, 9-6)
Felony—90 Days
Misdemeanor—60 Days
Juvenile cases—90 Days
If a defendant was granted DIVERSION, how long is evidence held? (HPM 70.1, 9-6)
Duration of the Diversion program
All seized firearms are required to be entered into what program/database? (HPM 70.1)
Etrace
Firearms and property shall be held how many days prior to being destroyed/disposal? (HPM 70.1)
Property—90 Days
Firearms—180 Days
If the owner of found money cannot be located, where does the money get forwarded? (HPM 70.1; 9-13)
Fiscal Management Section (Custody of money trans effected from evidence officer to area cashier—money combined with sales from area and all monies itemized to show origin).
An owner of a firearm has 60 days to file an application to DOJ for clearance letter. How many days does owner then have to contact CHP about the weapon? (HPM 70.1)
180 Days. If owner does not contact CHP within that timeframe, evidence officer should initiate destruction proceedings.
How does the CHP pay for a drug burn? (HPM 70.1)
X Number
How often should areas conduct drug burns? (HPM 70.1)
Twice annually
How many employees should accompany the drugs for a drug burn? (HPM 70.1)
2–one must be uniformed
All attempts to restore an obliterated serial on a firearm shall be undertaken by whom? (HPM 70.1)
Academy Weapons Control Unit
How many surprise inspections of the property room shall an area commander conduct in a single calendar year? (HPM 70.1)
One
How often should a complete (100%) inventory of evidence room be conducted? (HPM 70.1)
One per year
Documented on memo
If change of command, inventory shall be undertaken also
How often shall the evidence supervisor Inspect the property system? (HPM 70.1)
Quarterly
A random sample of evidence/property shall consist of what percentage of the the total items in the evidence room? (HPM 70.1)
10%—or a minimum of 10 items
How long Shall property/evidence be left in the temporary locker (excluding weekends and holidays)? (HPM 70.1)
Not more than 24 hours
What CHP form is used to document issuance of MVARS DVDS? (HPM 70.1)
CHP 36D (completed by Sergeant or OIC)
Section 22655.5 VC pertains to seizing vehicles as evidence. Before utilizing this section, permission shall be obtained from whom? (HPM 70.1)
Supervisor or OIC
MVARS DVDs which contain significant events shall be placed in what color sleeve? (HPM 70.1)
Red
Under what conditions can a MVARS DVD be released to a defendant in a traffic citation case? (HPM 70.1)
As long as DVD copy does not contain private, third party information, or any officer safety issues.
Can an MVARS DVD be released for a civil case? (HPM 70.1)
Yes
A defendant in a traffic citation requests MVARS DVD. However, the DVD contains private 3rd party info. How shall Area proceed? (HPM 70.1)
Have officer bring DVD to court on the day of the hearing (otherwise a Proposed Protective Order is needed).
Are commanders required to complete a 100% inventory of the MVARS DVDs? (HPM 70.1)
No. Only if discrepancies are found during quarterly audits, or if Commander deems 100% inventory is needed.
Who are the only people who can possess keys to the MVARS locker? (HPM 70.1)
Commander and coordinator
How long are MVARS DVDs retained for? (HPM 70.1)
One year
Administrative cases—five years
Misdemeanor or felony cases—until adjudicated or all appeals are exhausted
How long are MVARS DVDs for MAIT cases retained? (HPM 70.1)
10 years
Procedures for violation of 23136 (under 21–BAC .01-.04). (HPM 70.4, 4-21)
Issue 215
Take possession of CDL
Complete DS 367/DS 367M
Procedures for violation of 23140 VC (under 21–BAC .05–.07). (HPM 70.4, 4-21)
Issue 215
Take possession of CDL
Issue appropriate DS 367
Procedures for violation of section 23154(c)(1)(under influence under .08, on probation for previous DUI). (HPM 70.4, 4-21)
Issue 215 (probation verified through CLETS)
Take CDL
Issue appropriate DS 367
Which suspects are exempt from a forced blood draw? (HPM 70.4)
Hemophiliacs
Certain Heart conditions
Person on anticoagulants
How often are PAS devices calibrated? (HPM 70.4)
Every 10 calendar days
—-OR—-
Every 150 tests, whichever comes first
A DUI checkpoint team leader should be what rank? (HPM 70.4)
Sergeant (commander can designate OIC at their discretion)
Operational plans for a DUI checkpoint shall be submitted to Division within what timeframe before the checkpoint is scheduled to take place? (HPM 70.4)
One week prior
State the timeframes for issuing a press release prior to a DUI checkpoint. (HPM 70.4)
48 hours prior (no location) 2 hours (location can be given)
What are the three phases of DUI evaluation and detection? (HPM 70.4, 2-1)
Vehicle in motion
Personal contact
Pre-arrest screening
Which FSTs are known as the THREE TEST BATTERY (scientifically evaluated)? (HPM 70.4, 2-10)
HGN
Walk and turn
One leg stand
How and who approves Non-Consensual Testing Programs (NTP)? (HPM 70.4, 5-21)
Division and area commanders with concurrence of local DA
Who is liable for costs incurred from the Non-Consensual Testing Program chemical tests and analysis she samples? (HPM 70.4, 5-25)
City or county
When does Administrative Per Se apply? (HPM 70.4, 6-3)
.08 BAC or greater
.04 BAC for commercial driver
.01 BAC or greater for under age 21 (including refusal to submit to a PAS)
.01 BAC or more for person on probation for previous DUI
.04 BAC or more for hire drivers (Lyft, Uber), As long as having paying Passenger
The Explorer program is administered by what program? (HPM 70.5, 1-3)
Learning for Life
The Explorer Program is funded through what CHP Division? (HPM 70.5, 2-4)
Personnel and Training Division
Donations received by an Explorer Post shall be deposit in how many hours? (HPM 70.5, 2-4)
72 hours
Who is the Departmental representative for the area Explorer Post? (HPM 70.5, 3-5)
Area commander (also chairs the advisory committee for the Post)
What rank is the Explorer Post Coordinator? (HPM 70.5, 3-5)
Sergeant
Who funds Explorer accidental insurance coverage? (HPM 70.5, 3-6)
Learning for Life
What are the requirements for an Explorer to be issued an identification card? (HPM 5-5)
Explorer must have been active member for at least 6 months
Completed Level I and II academy
Who takes possession of an Explorer’s Identification card when the separate from the post? (HPM 5-5)
Post advisor for destruction
Disbursement of funds from an Explorer Post in excess of what dollar amount requires whose approval? (HPM 70.5, 8-7)
$1, 000 Area Commander (in excess of $5,000 needs Division Commander approval, excess of $10,000 needs approval from Board of directors)
Explorer activities within their own division, needs approval from whom? (HPM 70.5, 11-3)
Area Commander (activities outside Division need division approval, out of state needs Assistant Commissioner Field approval)
Explorers SHALL not operate state owned vehicles in public view. What are the exceptions to this rule? (HPM 70.5, 11-4)
Approval from board of directors and during Explorer competitions On private property (not in public view) On state property (not in public view) During patrol vehicle safety checks When fueling the vehicle
How often shall an Area Commander conduct an Explorer uniform inspection? (HPM 70.5, 12-3)
Annually
What are the five elements/conditions when department personnel may USE FORCE? (HPM 70.6)
Defense of self Defense of others Effect an arrest/detention Prevent escape Overcome resistance
Uniformed personnel must be guided by what two principles in understanding the USE OF FORCE? (HPM 70.6)
Sound professional judgement
Only the force necessary/reasonable for the situation as prescribed by law and within policy
What are the 7 USE OF FORCE options? (HPM 70.6, 1-6)
Baton Less lethal shotgun OC Spray Control holds ECD personal weapons Deadly force (Demeanor is not a force option)
How often shall the USE OF FORCE policy be reviewed? (HPM 70.6)
Quarterly (rank of sergeant and below)
Officers involved in a shooting shall be advised of what, prior to being interviewed by an allied agency? (HPM 70.6)
Legal Representation Program
What are the 6 authorized legal intervention/forcible stops options? (HPM 70.6, 5-10)
Channelization Roadblocks Ramming Spike strip Boxing In Use of Firearms
Legal intervention may be undertaken under what circumstances? (HPM 70.6)
Continued movement presents imminent danger
Risk of harm (other than occupant of pursued vehicle) outweighs risk of making a forcible stop
The pursuit policy shall be reviewed how often? (HPM 70.6)
Quarterly
The CHP 228, PURSUIT ATTESTATION, shall be reviewed and signed how often? (HPM 70.6)
Annually at yearly review
What vehicles should the spike strip not be used on (unless pursued vehicle constitutes an unusual hazard to others)? (HPM 70.6)
Motorcycles/mopeds, similar type vehicles
Vehicle transporting haz mat
Passenger bus transporting passengers
School bus with pupils on board
In how many calendar days should the pursuit report be entered into the PURSUIT REPORTING SYSTEM? (HPM 70.6)
10
What ratio of AOST trainers to officers shall Area commanders ensure exist in their command? (HPM 70.6)
Ratio of 1 to 10
What is the weapon position for a HIGH RISK and FELONY STOP scenario? (HPM 70.6)
High risk—low ready
Felony—Ready position
At an officer’s discretion, who may be exempt from being handcuffed to the rear? (HPM 70.6)
Visibly pregnant
Elderly
Sick, injured or disabled
Under what circumstances may flex cuffs be used? (HPM 70.6)
Multiple arrests where there are not enough handcuffs
Securing multiple suspects to each other
Situations where handcuffs would be ineffective
In addition to nylon restraints
In a one officer patrol vehicle (no cage), what would be the seating position for two arrestees? (HPM 70.6)
Right front and right rear
In a two officer patrol vehicle (no cage), what would be the seating position for two arrestees? (HPM 70.6)
Right front and right rear, second officer in the left rear
What other things/objects may an officer use on a subject if they are not in possession of a spit sock? (HPM 70.6)
Nothing—can only use approved spit sock
What is the minimum distance (absent extreme hazard to the officer) OC spray can be used?
3 feet
How often shall policy on the use of less lethal shotguns be reviewed? (HPM 70.6)
Quarterly (rank of division commander and below)
What is the optimal deployment range for the less than lethal shotgun? (HPM 70.6)
5-60 feet
If OC is used on a subject, their face shall be flushed with saline in what timeframe? (HPM 70.6)
Within 30 minutes
Who is required to re-certify with the ECD? (HPM 70.6)
Sergeants and below—annually
Review policy quarterly
The ECD holster shall only be placed where in the duty belt? (HPM 70.6, 29-4)
Support side
On primary side in front of gun holster
What is the optimal distance for a ECD deployment? (HPM 70.6)
7-15 feet
Max distance is 25 feet
The ECD Shall be downloaded after each deployment, or if no deployment, how often? (HPM 70.6)
Monthly
Downloaded ECD records shall be retained for how many years? (HPM 70.6)
10 years
A post storage hearing shall be conducted within how many hours of the request? (HPM 81.2)
48
In what 3 ways may a post storage hearing be conducted? (HPM 81.2)
In person
In writing
Telephonically
How long will CHP 180s for evidence be retained? (HPM 81.2)
2 years
A notice of a stored or impounded vehicle shall be mailed to the owner within how many hours? (HPM 81.2)
48 hours (excluding weekends and holidays)
What are the procedures for amending a CHP 180? (HPM 81.2)
Line out and write corrections
Draft a memo and attach
Notify owner
Notify tow company in writing
A tow operator can enter an estimated value of a vehicle if the officer did not fill out this information in the CHP 180 within how many days? (HPM 81.2)
Three
If an Area does not take stolen reports telephonically, an officer shall respond within how many hours? (HPM 81.2)
6 hours
Area shall notify in writing owner/victim of their recovered stolen vehicle within what timeframe? (HPM 81.2)
24 hours (excluding weekends and holidays) Still have to notify in writing if owner was previously contacted by phone
Commanders shall notify the applicable District Attorney within how many hours of seizing a vehicle for evidence from a criminal case? (HPM 81.2)
72 hours
A person or agent requesting a post storage hearing, must make the request within how many days of being notified? (HPM 81.2)
10 Days
What ranks will the hearing officer be in a post storage hearing? (HPM 81.2)
Lieutenant or sergeant (one rank higher than person who stored the vehicle)
Can a person appeal the findings in a post storage hearing? (HPM 81.2)
Yes, they complete a CHP 287
The department is liable for tow and storage charges (evidence seizure) from the initial seizure, up to what point? (HPM 81.2)
To the point criminal charges are filed with the DA
How long is the evidence tow contract good for? (HPM 81.2)
1-3 years
What are the four levels of mutual aid? (HPM 100.67)
Local
Operational
Regional
State
Whose approval is needed to commit CHP personnel to a mutual aid request? (HPM 100.67)
Commissioner
Although Commissioner approval is needed to commit personnel for a mutual aid request, an Area Commander may take what actions during a mutual aid request? (HPM 100.67)
Can mobilize (not deploy) his or her forces before Commissioner approval is obtained
CALEMA has divided the state into how many mutual aid regions? (HPM 100.67)
7
Interstate mutual assistance with Nevada, Oregon, and Arizona, shall be limited to how many miles? (HPM 100.67)
50 miles
What is Exclusive Federal Jurisdiction? (HPM 100.67, 6-3)
All powers are vested in the Federal Government. State has no authority (except can serve criminal and civil processes). Examples are federal building or parks.
What is Partial Jurisdiction? (HPM 100.67, 6-3)
Federal government has some authority and the state has some authority. Day to day law enforcement activities are considered the same as exclusive federal jurisdiction.
What is concurrent Jurisdiction? (HPM 100.67, 6-4)
The federal, state and local agencies all hold same authority to act. State and local agencies furnish normal services. Normally, state personnel should not stop and cite a federal violation. An example is national forest.
What is proprietary Jurisdiction? (HPM 100.67, 6-4)
Feds have an interest but no Jurisdiction. Feds can only make private person’s arrest. CHP provides full range of services. Examples are low rent housing projects, off base military housing, bird and wildlife refuges, etc.
In respect to criminal matters, Indian Reservations and Rancherias are considered to be what type of Jurisdiction? (HPM 100.67, 6-5)
Proprietary. CHP shall not enforce gaming, hunting or fishing rights, etc.
NOTE: A VC violation by a tribal member on their own reservation shall not be enforced. However, a VC violation of a tribal member on another tribes reservation will be enforced.
In respect to civil matters, Indian Reservations and Rancherias are considered to be what type of Jurisdiction? (HPM 100.67, 6-6)
Exclusive—cannot enforce civil matters. CHP cannot enforce admin per se, parking violations, zero tolerance, local ordinances, etc.
NOTE: exception is if the tribe entered into a contract/MOU to provide such services.
What actions can uniformed members of the department take against someone claiming diplomatic immunity? (HPM 100.67)
Can take appropriate enforcement actions, excluding in custody arrest.
Are consular officers immune to arrest and detention? What about consular employees? (HPM 100.67)
Consular officers—yes, are immune, except for felony arrest warrants.
Consular employees—no immunity
Are suspected DUI drivers with diplomatic immunity required to submit to a chemical test? (HPM 100.67)
No
A photocopy of a CHP 215/216/202, involving a diplomat, shall be faxed to Assistant Commissioner Field within what timeframe? (HPM 100.67)
48 hours
Typically, subjects with diplomatic immunity shall not have their vehicles towed. What is the exception? (HPM 100.67)
May be towed a reasonable distance if the vehicle poses a traffic hazard
A foreign national’s consulate shall be notified if they are detained/arrested more then how many hours? (HPM 100.67)
2
Also must notify if foreign national is killed in traffic collision
Arrested persons have the right to make how many phone calls within what timeframe? (HPM 100.68)
Three and three
NOTE: Two additional calls for parent or child care giver to make proper arrangements
How long may a juvenile offender be kept in a locked room or cell in the station/Area? (HPM 100.68)
6 hours
Does a minor have to be advised of Miranda? (HPM 100.68)
Yes, but can be done just before release
What are the three exceptions when a minor can be temporarily placed in an adult lock up? (HPM 100.68)
14 or older
Custody is temporary for a criminal violation
Minor is a security risk of harm to themselves or others
An officer accepts custody of a person placed under a private person’s arrest. Later the officer determines there are insufficient grounds for arrest. What should the officer do? (HPM 100.68)
Release per 849(b)(1) pc
Prima Facie speed enforcement actions shall be guided by what three criteria? (HPM 100.68, 3-4)
10 mph over, SHALL stop and take appropriate action
5-9 mph over, should stop and take appropriate action
1-4 mph over, may stop and take appropriate action
Enforcement of the ABSOLUTE speed laws shall be governed by what two criteria? (HPM 100.68, 3-5)
5 mph or more over, shall stop and take appropriate action
1-4 mph over, may stop and take appropriate action
Slow moving vehicle enforcement shall be guided by what three principles? (HPM 100.68, 3-7)
10 mph below, shall stop and take appropriate action
5-9 mph below, should stop and take appropriate action
1-4 mph below, may stop and take appropriate action
Who is responsible for briefing members of courts and district attorneys before the initial deployment of Primary Collision Factor Vehicles? (HPM 100.68; 3-9)
Area Commander
What uniform may officers wear who are using Primary Collision Factor Vehicles? (HPM 100.68)
Work (tans)
Utility if they have Level 1 commercial training
Who is excluded from the mandatory seatbelt law? (HPM 100.68, 5-6)
Taxicab operators on a city street with a fare paying customer
Rural postal carriers engaged in delivering mail
Newspaper delivery persons while actually delivering newspapers
Persons with physicians note (medical reasons)
Public employees in an authorized emergency vehicle
Passengers in a sleeper berth
Driver engaged in collection of solid waste (garage man)
Whose approval is needed before an unmarked vehicle is utilized for the apprehension of speed contest violators? (HPM 100.68)
Commissioner
What is the policy/law regarding child safety seats? (HPM 100.68, 5-8)
Child under 8 years old, or less than 4’ 9” in height, must ride in child or booster seat.
Child under 2 years old shall ride in rear facing child seat (unless over 40 pounds or 40” in height
What are the legal exemptions to riding in the back of a pickup? (HPM 100.68, 5-12)
Person in back is secured by restraint system
Being transported by public agency in emergency
Truck is owned by farmer and being used on boundaries of farm land
Parade
Under what conditions are farm labor vehicles exempt from seatbelt laws? (HPM 100.68)
Operated on a rancher/farmer’s property and not more than ONE mile of highway between parts of the farm or ranch.
An officer arrests a school teacher for controlled substance or a sex crime. What notifications are required? (HPM 100.69)
COMMANDER shall notify superintendent and give written notice to the Commission on Teacher Credentialing
What are the rules for an arrested juvenile making telephone calls? (HPM 100.69)
2 calls within one hour
Made to parent, legal guardian, responsible relative or employer, the other call to an attorney
When taking someone into custody for 5150 WIC (72 hours hold), what forms are required to be completed? (HPM 100.69, 1-31)
DHCS 1801
CHP 216
What forms must be completed when investigating a sex crime? (HPM 100.69, 1-34)
CHP 216/202
CHP 174 (Right to Privacy Acknowledgement)—this notifies victim to right to remain confidential
If confidentiality is invoked, the CHP 174 becomes the face page
Provide victim with VICTIMS OF DOMESTIC VIOLENCE card
Officer notifies local rape center
If needed, transport victim to hospital for exam
In a domestic violence situation, officers shall attempt to identify which involved party was what? (HPM 100.69, 3-7)
The DOMINANT AGGRESSOR (does not necessarily mean the first aggressor)
What is an EPO? (HPM 100.69, 3-10)
EMERGENCY PROTECTIVE ORDER
Officers shall carry them at all times
Temporary court order when court is not in session (weekend, holidays, after hours, etc.)
What must an officer complete when investigating a Domestic Violence incident? (HPM 100.69, 3-12)
CHP 216 CHP 170–Notice to Victims of Violent Crimes CHP 173–Domestic Violence Referral Card CHP 174–Right to Privacy Acknowledgment EPO (if applicable) CHP 182–Victims of Domestic Violence Victims Bill of Rights Card/Marsy’s Card