100.69 General Law enforcement Policy * Flashcards

1
Q

When citing a juvenile, what county should they be cited into?

A

County in which offense occurred

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2
Q

Under what circumstances shall a juvenile be advised of Miranda rights?

A

Any time taken into custody

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3
Q

Unless physically impossible, juveniles must be allowed to make at least 2 phone calls within what time frame?

A

1 hours after being taken into custody

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4
Q

What is the maximum amount of time a juvenile may be detained?

A

6 hours

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5
Q

What is needed on the CHP 215 for a citizen’s arrest?

A

“Private person’s Arrest” in the special box and write the private person’s name and address in the witness section

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6
Q

Hate crimes are crimes against person for reasons of race, religion, ethnic/national origin and sexual orientation. Does it include reasons of physical or mental disabilities?

A

Yep

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7
Q

What forms must be given to a victims of a hate crime?

A

CHP 876 Rights of Hate Crime victims and CHP 174 right to privacy acknowledgment

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8
Q

When listing the violation of the hate crime on the CHP 216 how should the violation be listed?

A

With the primary crime, followed by “Possible Hate Crime”

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9
Q

Under what conditions does the Department NOT discourage off duty enforcement?

A

When the violation is serious in nature or possess a danger to the public

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10
Q

What forms shall be given to sexual assault victims?

A

CHP 174, Right to Privacy Achnowledgment and “Victims of Domestic Violence card

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11
Q

Under what conditions may an aircraft land on, taxi on, or take off from a highway?

A

When an emergency or when given prior approval

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12
Q

What forms are required to be provided to Domestic Violence Victims?

A

CHP 174, Right to Privacy Achnowledgment, CHP 182 Domestic Violence Resource info, Domestic Violence Card and CHP 173, Domestic Violence Referral

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13
Q

Should officers make routine arrests of both DV parties?

A

No, attempts should be made to identify and arrest the primary aggressor

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14
Q

May the victim of Domestic violence make a citizen arrest when it was a misdemeanor not committed in the officer’s presence?

A

Yes, the officer shall advise the victim of that and the advisement shall be documented on a CHP 216

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15
Q

When do emergency Protective Orders expire?

A

No later than the close of judicial business on the 5th court day or the 7th calendar day following the day of issuance

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16
Q

In cases of suspected child abuse, when should DOJ report be completed?

A

Any time child abuse is suspectd, regardless if it was turned over to CPA. The DOJ report shall be submitted

17
Q

Emergency portective orders are good for ___ business days or ____ calendar days and can be obtained by an officer when?

A

5,7 any time day or night

18
Q

If an officer responds to a suspected case of child abuse and the CHP’s role is limited to “standing by” until the local CPA has arrived and assumed responsibilty, a report should/shall be prepared and submitted witin ____ hours?

A

SHALL, 36 hours

19
Q

Whenever an officer arrests of detains a foreign national for more than ____ hours for a criminal investigation, the officer shall advise the individual that they are entitled to have their country’s consul notified and given the right to speak with a member of the consul

A

2 hours

20
Q

Is it an option whether or not to physically arrest all felony violators?

A

No…. it is a SHALL. You shall arrest all felony violators.

(1-3)

21
Q

What is the longest you can temporarily detain a minor in a law enforcement facility?

2 hours

3 hours

6 hours

8 hours

A

6 hours

SIX

(1-8)

22
Q

Even if you don’t interrogate a minor you have to do what before you release them to a jail facility or parent?

A

Give them this advisement…

1. Anything they say can be used against them;

2. Their right to remain silent; and

3. Their right to have counsel present during any interrogation and to have counsel appointed, if they are unable to afford counsel.

(1-5/1-9,1-10)

23
Q

When serving a CHP 412 (warrant service notice), do you serve the original warrant to the arrestee at the time of service or the copy?

A

The original.

You will attach the copy of it to the office copy of the CHP 215 to be retained @ area.

(1-12)

24
Q

Private person’s arrest: If the violation is the normal responsibility of another law enforcement agency, that agency should be requested to handle the arrest to conclusion.

True/False?

A

True

(1-15)

25
Q

When “849Bing” someone…. what form will you fill out?

A

CHP 103 (Certificate of Release from Custody)

(1-15)

26
Q

Private persons arrest: When 849B’ing someone are you required to write a memo to area explaining the circumstances?

A

Yes

(1-15)

27
Q

Nobody in possession of a valid state medical marijuana ID card shall be subject to arrest for possession, transportation, delivery, or cultivation of medical marijuana.

True/False?

A

True.

11362.71 (e) H&S

(1-18)

28
Q

If you arrest an individual for say a warrant… and they have a valid medical marijuana card accompanied with marijuana. When you are towing their car what do you do with the marijuana?

  • Leave if in the car
  • Seize it as evidence
  • Handle it as “property”
A

Handle it as property… that way the property may be released to them without a court order.

(1-20)

29
Q

Marijuana: What is the weight in grams that changes your action from citing and releasing a person for possession, transporting, giving away, or driving a motor vehicle in possession, to arresting them?

A

28.5 grams or less must be cited and released.

(1-23)

30
Q

A criminal act committed in whole or in part because of

  • Disability,
  • Gender
  • Nationality,
  • Race or ethnicity,
  • Religion, or
  • Sexual orientation.

Is defined as what type of crime?

A

A Hate Crime.

(1-24)

31
Q

The victim of a hate crime shall be provided with a “Rights of Hate Crime Victims brochure” CHP form.

What CHP form number is this ^ ?

A

CHP 876

Rights of Hate Crime Victims brochure

(1-25)

32
Q

A crime referred to as “bias-motivated” is what type of crime?

A

A Hate Crime

33
Q

Hate Crime: Officers Shall provide the victim with a “Right to Privacy Acknowledgement” form.

What CHP form # is that?

A

CHP 174

Right to Privacy Acknowledgement

(1-26)

34
Q

Hate Crimes: A “Uniform Crime Report” shall be completed.

What CHP form # is that ^ ?

A

CHP 729

Uniform Crime Report

(1-26)

35
Q

What is a major component to a Hate Crime?

A

The victims perception.

(1-27)

36
Q

Do vitims of Hate Crimes have the right to have their name and address withheld from the CHP 202 or CHP 216?

A

YES

6254(f)(2) GC

(1-28)

37
Q

When you 849b a person, the person shall be issued a certificate describing the action as a detention (CHP 103).

Who should issue this certificate?

A

A supervisor. If one is not available then the arresting officer.

38
Q

Does the 849b party get that original CHP 103 or a copy of it?

A

A copy of it!

The original shall be filed in the Area office.

(1-29)