Flashcards in 100.68 Traffic Enforcement Policy Deck (34):
Racial profiling as is the practice of detaining a suspect without any individualized suspicion of the particular person being stopped? T or F
Can CHP conduct a traffic stop stop for the primary purpose of drug interdiction?
No, Shall not unless the officer has probable cause or a reason suspicion to believe the vehicle is involved in illegal drug related activity.
A 215 should normally be used to charge as many violations as possible? T or f
False, usually charge a single, major, hazardous violation. other violations permitted when they are not connected to the major violation charged.
If an officer believes the violator will not comply with the conditions of the 281, what should he do?
Should Issue a 215
Can you park the wrong way in the center median or face the wrong way on the shoulder to observe traffic?
Phone call requirements for an adult?
3 calls immediately upon being booked, no longer than 3 hours.
if they are a parent with responsibility for a minor, they shall be entitled to make two additional calls for the purpose of arranging care for the child.
Should or shall a officer get permission to file a complaint against a suspect for meeting the one of the conditions of 40302 VC when they meet one of the following exceptions? over excited w/ small children, elderly, who are confused, sick persons, pregnant women, or juveniles.
they Shall if one is available
If booking a violator for refusal to sign, may he change his mind and sign the ticket and be released?
yes, at anytime prior to the booking process he shall be permitted to. You should try to transport them to their vehicle, but shall never be left at a location that put them in a hardship or peril
If a minor is taken to a probation facility or place to be booked what must you immediately do?
take immediate steps to notify a relative
Phone call requirements for a juvenile?
2 phone calls (1 to relative or employer, and 1 attorney) shall be within one hour of arrest
Can a minor temporarily be taken to an adult holding facility?
14 and over
they are in custody for breaking a law
you have belief he is a serious security risk of harm to self or others
When a minor temporarily is taken to an adult holding facility what rules must be followed?
can't be over 6 hours
must be for the purpose to release the minor or while the officer is investigating the case
must be serrated from adults
must be told how long incarceration can last
must be supervised
agency must keep written record of why it was done
a minor taken into custody for a criminal offense under _____ years of age or one that is not considered a security risk may be kept in a temporary custody at a law enforcement facility.
How long may a juvenile be detained
6 hours max, the can voluntarily stay longer though
If a minor fails to sign a citation would that bring him within the mandatory incarceration provisions of the CVC?
When shall miranda be read to a juvenile?
Before any criminal interrogation or before they are to be released to a parent or booked into a facility even if they aren't be questioned
Can you cite and release with a 215 a person who was turned over for a citizens arrest if they crime meets the criteria? if so what needs to be done?
Yes, take legal custody then cite, enter "private persons arrest" in the special box and complete appropriate arrest report.
Are we required to establish if there is probable cause for a private citizen arrest?
No, but if we think there is insufficient grounds for making a complaint we can 849 b them.
What is required for us to 849 b somebody?
CHP 103 should be issued by supervisor, if ones not available the officer may do it. they shall be issued a copy (includes a 215 not being charged too)
Who is required to carry a CHP 103 while on duty?
supervisors shall have
Must permission be given to physical arrest somebody for 12500, 14601.1, etc?
Yes shall be made with concurrence of supervisor or in response to warrant
what is CHP policy on off duty enforcement?
discouraged and should not be conducted unless the violation is serious in nature or poses a danger to the public
Are officer's requited to seek medical attention for a prisoner if they have no visible injuries?
Officer Shall arrange for a medical examination
Prima facie speed limit actions guide?
10 and over shall stop, should cite
5-9 should stop, take appr. action
1-4 over may stop, and take appro. action
Absolute speed limit action guide?
5 or more over shall stop, should cite
1-4 may stop and take appro. action
Do motorcycle helmet laws apply off road?
No, on highway only
Can pocket bikes be driven on a sidewalk or roadway?
NO, as well or highway, or bikeway.
Is a pocket bike subject to a lien?
NO, they have no vin, and there dis no impound authority either. they can only be seized as property
Who is issued a child seatbelt ticket if the parent is in or not in the car?
If the parent/guardian is in the car, they get the ticket even if they aren't driving.
If they aren't in the car, the driver gets the citation
THE VC says that 16028 (a) may be cited by officers , but department policy is what?
When can no insurance be a owner responsibility 215?
Only in a employee/ employer relationship
What shall be written on the 215 when it was written after a collision investigation that was not witnessed by the officer?
are they required to sign?
write "issued per section 40600cvc) in violation section and check AI box. This isn't considered an arrest, so they could refuse to sign. Just write "refused to sign" in the violators box
Can minors talk on a cell phone with bluetooth, or speakerphone?
no per 32124 except for an emergency call to health, fire, police, or emergency serivce