HPM 110.1 MAIT CALL OUT, 120.1 DISCOVERY OF PEACE OFFICER PERSONNEL RECORDS, 90.1 MEDIA RELATIONS MANUAL Flashcards Preview

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Flashcards in HPM 110.1 MAIT CALL OUT, 120.1 DISCOVERY OF PEACE OFFICER PERSONNEL RECORDS, 90.1 MEDIA RELATIONS MANUAL Deck (63)
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1

The appropriate Division commander shall be notified for the following types of
incidents for which MAIT shall be utilized: What are they?

A fatal or severe injury collision occurs involving an on-duty CHP or
Caltrans employee, including subcontractors working on a Caltrans work
project (i.e., broken bones, dislocated or distorted limbs, severe lacerations, or
unconsciousness at or when taken from the collision scene). The fatal or
severe injury pertains to any involved party, and not specifically to the on-duty
CHP or Caltrans employee (e.g., CHP pursuit resulting in a collision causing
fatal or severe injury to a party other than CHP personnel).
A fatal or severe injury accident occurs involving a departmental aircraft or
when specifically requested by the OAO. In cases where the collision or
incident involves substantial damage only, OAO may determine if MAIT
involvement is required. A qualified member of OAO will be assigned as a
member of the MAIT conducting the investigation of any departmental aircraft
accident or incident.

2

At the discretion of the Division commander, MAIT may be utilized in what situations?

Any collision or incident which, in the judgment of the Area commander or
of a higher command authority, MAIT involvement would be appropriate. An
example of this would be a collision involving a law enforcement agency during
which a fatal or severe injury occurs.
Any significant collision in which a fatality or fatalities occur which could lead to prosecution.
Any collision in which a fatality or fatalities involving any vehicle or
combination of vehicles described in Section 34500 of the California Vehicle Code.
Any collision which results in the spillage or leakage of a significant
amount of a hazardous material which seriously threatens life or property.
Any collision in which the Department has been notified that
investigators from the National Transportation Safety Board will be
responding to conduct a parallel investigation.
Any fatal or severe injury collision involving a possible roadway defect
as a primary cause or contributing factor.
Any collision where there is an indication that an involved vehicle has
a manufacturing defect which was the primary cause or contributing factor.
Any collision where there is a need for an in-depth speed analysis.
A fatal or severe injury collision occurs in which the investigating officer
suspected an occupant restraint system failed to operate as designed. In
cases where the only issue is the possible failure, a consultation with the team
leader shall be conducted. After consultation, the team leader will determine if a failure analysis should be conducted and whether or not sufficient physical evidence is available to complete the investigation. If enough physical evidence is documented, a failure analysis will be conducted. If enough physical evidence is not available, the Area will document the condition of the safety restraint with MAIT assistance/consultation.

3

The exclusive means by which a peace officer's personnel records can be disclosed (other than by his / her own authorization) is by what is commonly known as a?

Pitchess Motion

4

Penal Code Section 832.5 requires that complaints and any reports or findings
relating thereto be retained for how many years?

five years

5

Who is the Office of Primary Interest for departmental community outreach activities?

The Office of Community Outreach and Media Relations (COMR)

6

Community outreach/public information officers shall utilize what CHP form to prepare and forward a quarterly community outreach activity report to their respective commanders?

CHP 320 PUBLIC RELATIONS ACTIVITY SUMMARY

7

The use of any official CHP insignia decals must be approved by?

The Commissioner’s Office

8

MAIT (may be / should be / shall be) called for any collision in which the Department has been notified

may be

9

MAIT (may be / should be / shall be) called for any collision where there is a need for an in-depth speed

may be

10

MAIT (should be / should not be / shall be / shall not be) called out after hours solely for an inspection of a safety restraint system.

shall not be

11

When a severe or fatal injury accident occurs in which an Area suspects a failure of the safety restraint, system worn by the injured party, MAIT (may be / should be / shall be) called.

shall be

12

Who shall notify the appropriate Division commander when requesting MAIT assistance?

Area commander

13

You are at a fatal collision scene, which you have determined to be a possible murder scene. A local reporter, from a well-known news station, approaches you and requests permission to enter the scene (crime scene). You deny the request. Three hours later all the evidence at the scene has been collected. The reporter asks you again to enter the scene. Can you allow him to enter the scene?

Yes (90.1 / 5-10)

14

True or False. When a juvenile has been in a collision and is also arrested (e.g., driving under the influence), personal information such as name and address is releasable. (90.1 / 6-4 & 6-5).

False (is not releasable)

15

TRUE OR FALSE?
A Pitchess Motion is a legal process which enables the defense to attempt to obtain peace officer personnel records or information contained therein. Such information may include complaints concerning the officer's alleged use of excessive force or propensity for racial / ethnic prejudice, fabrication of charges, illegal search and seizure, false arrest / imprisonment, etc.

TRUE

16

Penal Code Section 832.5 requires that any agency employing peace officers establish procedures for investigating citizen complaints and make those procedures available to the public. This Section also requires that investigative reports be retained for how many years? (P.1)

Five (5)

17

Can a district attorney obtain access to the personnel records of a peace officer or police agency while investigating their conduct without court ordered authorization.?

Yes. The district attorney may not further disclose such records without a court's authorization or order.

18

What information is discoverable through a Pitchess Motion regarding persons who have made complaints against an Officer and / or persons interviewed in connection with complaints?

(1) Names (2) Addresses (3) Telephone Numbers

19

A defendant must file a written motion with the proper court. Such motion must be served on the agency having custody or control of the records either by mail or in person. If served by mail, the motion must be served _(?)_ days prior to the date of the hearing; if personally served, it must be served _(?)_ days prior to the hearing date.

20 / 15

20

The “Right Turn” program reaches out to what age demographic?

11-14

21

The “Start Smart” program reaches out to what age demographic?

15-19

22

Any employee who receives a request for official insignia decals shall refer the person making the request to who?

Community Outreach and Media Relations. NOTE: Requests shall be in writing and from the vehicle’s registered owner

23

Fatal victim information is only releasable through who?

Coroner

24

Areas are required to provide a printed news release to the media how many hours prior to the checkpoint operations? (P.6-14)

48

25

True or False: Traffic collision photographs are not releasable to the media

True

26

True or False: Video recordings obtained during the course of employment by any CHP employee on any camera, cellular telephone, and/or recording device are considered the property of the CHP.

True

27

When can media access be denied?

Crime scene – restricted from areas that closed for immediate emergency operations and evidence preservation
If access would clearly interfere with emergency crews or equipment
When the incident involves the collision of a military aircraft and it has been declared a National Defense Area – appropriate military authority must be on scene

28

When a juvenile has been involved in a traffic collision, what information regarding the juvenile can be released?

Collision - the name, age, and hometown
Arrest – age and hometown

29

Are BAC test results releasable pursuant to the California Public Records Act (PRA)? PAS results?

BAC test results are not releaseable
PAS results are consider public information and can be released

30

If a judge determines the requirements for the defense’s Pitchess Motion are met, what information is released to the defense?

Disclose the information to the defense attorney - normally limited to names, addresses, and phone #s of complainants and witnesses
Order the records or information to the district attorney and defense attorney by a certain compliance date