100.68 Traffic Enforcement Policy * (12.2014) Flashcards Preview

CHP Sgt. Study (HPM #1) > 100.68 Traffic Enforcement Policy * (12.2014) > Flashcards

Flashcards in 100.68 Traffic Enforcement Policy * (12.2014) Deck (78):

The practice of detaining a suspect without any individualized suspicion of the particular person being stopped.

Racial profiling


Drug interdiction shall/should not be a primary purpose of traffic enforcement?

Traffic stops shall not be conducted for the primary purpose of drug interdiction unless they have probable cause or reasonable suspicion of drug related activity.


When should a 40610b violation be cited on a CHP 215 rather than on a CHP 281?

If the officer has reason to believe the violator will not comply with the conditions of the CHP 281


A person arrested has the right to make how many phone calls and in what time frame?

3, immediately upon being booked, and except where physically impossible, no later than 3 hours after being arrested.


After being arrested for "failure to sign" can the violator "change his mind"

As long as the violator changes his mind prior to being booked he shall be allowed to sign the citation and be released.


Juvenile violators are required to be cited in what county?

The county in which the offense is alleged to have been committed.


Are Miranda rights required to a juvenile if no interrrogation will be conducted?

Yes in all cases juveniles will be Mirandized prior to release to a jail, parent etc.


In the case of a citizen's arrest, when should a CHP 215 be issued and what is required on this form?

Legal custody must be accepted prior to issuing a 215 and "private person's arrest" is required in the "special box"


Is an officer required to determine if there was probable cause for an arrest in the case of a citizen's arrest? What is the officer's responsibility if he determines there was no probable cause for the arrest?

Probable cause for a private citizen's arrest is not necessary for the officer to accept custody of a person. If the officer determines there was NO probable cause for the arrest, the person shall be released from custody per section 849(b) pc


Who should normally issue a CHP 103 (849b)(release from custody)?

Normally a supervisor, if not available then officer


What is the department policy (in general) on off duty enforcement?

Off duty enforcement is discouraged and should not be conducted unless the violation is serious in nature or possess a danger to the public.


May a violator's speed be determined by using the patrol car's speedometer, a stopwatch and a calculator or other device?

NO, in some circumstances that may be considered a speed trap and is not legal. (3-3,1d)


Prima Facie Speed enforcement actions are guided by what?

10 MPH or more shall stop, should issue.

5-9 MPH should stop and take appropriate enforcement action.

1-4 MPH may stop and take appropriate enforcement action.



Absolute speed enfrocement actions are guided by what?

5 MPH or more shall stop, should issue.

1-4 MPH may stop and take appropriate enforcement actions.



Does the motorcycle helmet law apply on highway, off highway or both?

On highway only



When should an officer stop a violator for a motorcycle helmet violation?

Only if the person is not wearing a helmet or when it is obvious it is not a helmet. Persons that appear to be making a reasonable attempt to comply with the law should not be stopped.




Should an officer take a motorcycle helmet as evidence in order to prove it does not meet DOT specs?

Helmets shall not seized by officers as evidence.



Name some exemption of the mandatory seatbelt law.....

-Taxi driver with a fare on city streets.

-Rural mailmen between 1st and last stop.

-Newspaper delivery between 1st and last.

-Persons with medical condtions certified by doctor.

-Public employee in emergency vehicle (that's you) or passengers in the rear of an emergency vehicle.

-Passengers in sleeper berths.

-Garbage men between 1st and last stops.



Who should be cited in a vehicle where the seatbelts have been removed?

The registed owner should be cited and any driver or passenger 16 or older may be cited


When can an owner's responsibility citation be issued for violation of 16028 (no proof of insurance)?

Only when an employee/employer relationship exists.


The CHP is responsible for protecting life and property on the highways of California. This responsibility primarily involves the application of ____________enforcement to reduce traffic collisions. (1-3)

Preventive enforcement


The Department is also responsible for rendering services to the motoring public. These services include, but are not limited to…. (1-3)

-Providing information.

-Assisting those who are disabled or otherwise need help.

-Removing traffic hazards.


The Department uses the basic method of ___  ____  _____ patrol based on the belief that people do not generally violate the law when they know they are being observed by officers. (1-3)

In-view patrol.


Traffic laws are basically safety rules designed to ensure the efficient, ____ - _____  _____ of vehicles over the roads of the state. Their purpose is to protect persons from injury and to prevent property damage. (1-3)

Collision-free flow.


The maximum effectiveness of each beat officer in collision prevention cannot be obtained until the officer fully accepts the concept of "__________ _________." (1-3)

“Beat accountability.”


Each level of command _______ evaluate each subordinate's demonstrated willingness to accept personal obligations for the fulfillment of departmental duties and objectives within the scope of assigned responsibilities. (1-4) Should/shall?



Command and supervisory personnel are responsible for instilling in each enforcement officer a lasting personal interest and sense of individual obligation to prevent traffic collisions on their assigned beat. This can be accomplished by: 3 things… (1-4)

1) Identifying their strengths and weaknesses;

2) Establishing methods for increasing individual effectiveness;

3) Personally providing high-quality leadership and expert direction.


The Department’s enforcement efforts must be consistent with the organizational values of respect for others, fairness, ________ ________, and equitable treatment for all. (1-4)

Ethical practices.


All enforcement action by members must be based on sound professional judgment and accomplished in a business like, _____, impartial, ___________, and _________ manner. (1-4)

firm, courteous, consistent.


Officers shall not stop individuals for the primary purpose of drug interdiction unless they have _________ __________ or _________ __________ of drug-related activity. (1-5)

probable cause or reasonable suspicion


After a stop has been made, officers shall not extend the stop beyond the time necessary to address the traffic violation unless there is reasonable suspicion or probable cause of ________ ________. (1-5)

criminal activity


We are supposed to direct enforcement towards __________ and __________ causing violations. (1-5, 2e)

collision and congestion


Emphasis should be placed on _______ enforcement rather than ________ alone. (1-5, 2e)

quality, quantity.

(funny because every month I always get a comment about how my "activity" is great and the more the better.)


A CHP 215 should normally charge a ________, major, hazardous violation observed during the continuing movement immediately prior to the enforcement action. (1-6)



The single violation concept does not preclude charging a violator with ________ _______ for a series of violations which clearly constitute the elements of that offense. (1-6, c)

reckless driving


Normally, correctable violations identified in Section 40303.5 of the CVC should be charged on a (CHP) _________. (1-6,d)

CHP 281, Notice to Correct Violation Note: However, when enforcement action is taken on a CHP 215, a correctable mechanical defect or other violation eligible for dismissal under Section 40610(b) CVC shall be identified by checking the "YES" box on the CHP 215 violation line.


Verbal warnings shall be recorded on your 415. (1-7,4b). True/False?



Officers patrolling the highways observing motorist behavior or writing reports _____remain on their assigned beats and in public view at all times. (1-7, h) Should/Shall?



Officers shall not create an appearance of concealment. (1-7, h) True/False?



Parking on freeway ramps for the purpose of observing motorist behavior is normally prohibited. Parking on freeway ramps is restricted to providing services, investigating traffic collisions, or taking enforcement action against a violator. (1-7, h1) True/False?



Officers monitoring traffic from the side of the roadway ______ not use the technique of parking on the wrong side of the highway facing oncoming traffic. (1-8, 3a) Should/Shall?

Shall not


Monitoring traffic from the center median is discouraged and requires Division approval. (1-8, 3a & b) True/False?



Area commanders shall refrain from assigning officers to the duty of enforcing any _____ or ________ ___________. (1-8, i).

city or county ordinance


Officers _______ physically arrest all felony violators as prescribed by law. (2-3,a1) should/shall?



10-15’s have a right to make ______ completed phone calls immediately upon being booked or detained, and except where physically impossible, no later than _____ hours after arrest. (2-3, 2a1a).

3 calls, 3 hours.


Effective January 1, 2006, pursuant to Section 851.5(c) PC, if upon questioning, an arrestee is identified as a custodial parent with responsibility for a minor child, the arrestee ________ be entitled to make two additional calls for the purpose of arranging for the care of the minor child or children in the parent’s absence. These telephone calls shall be given immediately upon request, or as soon as practicable. (2-3, 2a1b) should/shall?



Each area office is required by law to have a sign posted stating that an arrestee has the right to free telephone calls (within the local dialing area). (2-3,2a1c) true/false?



Officers _______ physically arrest all violators meeting the conditions described in Section 40302 VC, i.e., DUI. A complaint may be filed in those instances where no useful purpose would be served through the violator’s incarceration. In applying this exception, officers shall coordinate the violator’s release with a supervisor whenever one is available. Examples where the exception may apply are: (2-3, 2a2) should/shall?

Should physically arrest. Examples: (a) Over-excited persons with small children. (b) Elderly persons who are confused and as a result, become obstinate. (c) Sick persons. (d) Pregnant women. (e) Juveniles.


Refusal to sign CHP 215: If the violator refuses after the officer has explained the process to them, the officer ______ notify an on-duty supervisor. The _________ ______ determine the appropriate course of action and respond to the scene as necessary. (2-4, 3c) should/shall, officer shall/supervisor shall?

Should notify on-duty supervisor. Supervisor shall determine.


Refusal to sign CHP 215: As a final measure, the violator shall be taken without unnecessary delay before a magistrate, or if after court hours, to jail. If at any time during the course of transportation to the court or jail, the violator reconsiders and requests to sign the citation, the violator _____ be permitted to do so. (2-4, 3d) should/shall?



Minors: When filling out your 215, the “place of appearance” shall be “before the juvenile court, a juvenile court referee, or a juvenile hearing officer from _________________________________. (2-5, 3a1)

“within the county in which the offense charged is alleged to have been committed”.


Minors: Custody of minors shall be handled in the manner which least restricts the minor's freedom of movement. (2-6, 3a3) true/false?



Minors: The peace officer ________ prepare a concise written statement of the probable cause and reasons for taking the minor into temporary custody. The officer ______ provide the statement to the probation officer at the time the minor is delivered. (2-6, 3a4) should/shall, should/shall?

shall, shall.


Minors: Section 627 WIC provides that an officer taking a minor before a probation officer or to a place of confinement shall take immediate steps to notify WHO? (2-6, 3a5)

a relative


Minors: A minor has the right to make ____ phone calls. The calls, except where physically impossible, are to be allowed no later than _____ hour(s) after the minor is taken into custody. (2-6, 3a5)

Two phone calls, one of which may be to their parent or guardian, responsible relative, or their employer; the other may be to an attorney. One hour.


Minors: Although Section 207.1 WIC generally provides that a minor may not be detained in a jail or lockup for adults, an exception permits the temporary, secure detention of a minor in a police or sheriff's lockup (i.e., locked room under control of a peace officer), not a jail, if the minor meets all the following criteria: (2-7,3a7)

-14 yrs or older. -Taken into temporary custody on the basis of having violated a criminal law. -Serious security risk of harm to self or others.


You cannot “temporarily” detain a minor in “lockup” longer than _____ hours? To be securely detained long than _____ hours, the minor must be transferred to a juvenile facility. (2-7, 3a8)

6 hours


Minors: When temporarily detaining a minor in a room or cell in the station, the minor must be: (2-7, 3a8c)

-separated from adults. -told how long the incarceration can last (6 hours). -adequately supervised. -& the agency must keep a written record explaining the need and length of the detention.


Minor: The total secure and nonsecure detention time in a law enforcement facility, excluding a jail, may not exceed ____ hours. However, the minor may remain on the premises voluntarily. (2-8,3a10)

6 hours.


A minor arrested for DUI may be escorted by an officer into an adult detention facility or jail for the purpose of what? (2-8, 3a11)

Administering an evaluation, test, or chemical test for alcohol or drugs.


Minors: A reasonable effort to notify a parent or guardian _____ be made regarding a minor's arrest. (2-10,3b) should/shall



Private Persons Arrest: Uniformed employees of this Department shall, subject to the discretionary power vested in them by law, accept custody of persons arrested by private persons. (2-10,4a) true/false?



Private Persons Arrest: When the arrest is for a public offense not requiring a mandatory appearance, the arrested party should be satisfactorily identified. The arrested party should then be cited and released after signing what? (2-10,4c1)

the CHP 215. (NOTE: take them before a magistrate if for a felony or a misdemeanor requiring mandatory appearance).


Private Persons Arrest: Prior to issuing a CHP 215, what needs to of occurred? (2-10,4c1a)

taking legal custody of the person.


Private Persons Arrest: What is the unique thing you do on a 215 for a private persons arrest? (2-10,4c1b)

Enter "private person’s arrest" in the “Special” box.


Private Persons Arrest: What must be attached to the 215 for a private persons arrest? (2-10,4c1c)

A completed 202 or 215 with the name and address of the arresting person in the “witness” section.


Private Persons Arrest: There is no requirement for the officer accepting custody of a person arrested by a private citizen to determine probable cause for the arrest. (2-11,4c4). True/false?

True - (Kinney vs. County of Contra Costa). However, if the facts of the arrest become known to the officer and the officer thinks there are insufficient grounds for making a criminal complaint against the person arrested, the arrested party should be released from custody pursuant to Section 849(b)(1) PC. (Fill out CHP 103-release from custody). Document the circumstances in a memo to the area.


Release from physical arrest: When a person is arrested and released pursuant to Section 849(b)(1) or (3) PC, or when such person is released and no accusatory pleading is filed charging an offense, the person shall be issued a certificate describing the action as a detention. The certificate shall be signed by… (2-11,5a)

The releasing officer or their supervisor.


Release from physical arrest: When a person arrested (arrest includes issuance of a CHP 215) by this Department is released from custody without being formally charged with an offense, that person shall be issued a CHP 103 by who? (2-11,5b)

Should normally be issued by a supervisor. If a supervisor is not available, the arresting officer may issue the certificate.


Release from physical arrest: When releasing a person from custody an officer ______ coordinate the release with a supervisor whenever one is available. (2-11,5c) should/shall?



Release from physical arrest: While on duty, ___________ shall be responsible for having copies of the CHP 103 in their possession. (2-12,2) officers/supervisors?



Release from physical arrest: When circumstances require issuance of a CHP 103, it _______ be completed in duplicate. (2-12,4) should/shall?

Shall. - The original shall be filed in the Area office and the copy shall be delivered to the person being released. If not hand-delivered, the CHP 103 will be mailed to the person released from custody. The mailing date shall be noted on the Area office copy.


Arrest of unlicensed, suspended, or restricted drivers: Physical arrest for these violations ______ only be made with the concurrence of a supervisor. (2-13,2) should/shall?



Arrest of unlicensed, suspended, or restricted drivers: Officers are not required to cease normal patrol activity to surveil the driver to preclude the recurrence of an offense. (2-13,c) true/false?



Off-Duty arrests: Officers involved in off-duty enforcement actions _____, as soon as practical, notify their command of their involvement. (2-16,8b4) should/shall?



Officers ______ arrange for a medical examination whenever a prisoner appears to be in need of or requests medical attention, regardless of outward symptoms of illness or injury. (2-16,9a) should/shall?



Slow-moving vehicle enforcement actions are guided by what?

10 MPH or more below the normal speed of traffic, shall stop and should issue a CHP 215.

5 to 9 MPH below the normal speed of traffic, should stop and take appropriate enforcement action.

1 to 4 MPH below the normal speed of traffic, may stop and take appropriate enforcement action.



If an officer determines that the rider of a motorcycle is wearing a head covering that is obviously not a helmet... what shall the officer do before citing the rider?

SHALL obtain supervisor approval.