The practice of detaining a suspect without any individualized suspicion of the particular person being stopped.
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)
The Department is also responsible for rendering services to the motoring public. These services include, but are not limited to…. (1-3)
-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)
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)
The maximum effectiveness of each beat officer in collision prevention cannot be obtained until the officer fully accepts the concept of "__________ _________." (1-3)
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)
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