When citing a juvenile, what county should they be cited into?
County in which offense occurred
Under what circumstances shall a juvenile be advised of Miranda rights?
Any time taken into custody
Unless physically impossible, juveniles must be allowed to make at least 2 phone calls within what time frame?
1 hours after being taken into custody
What is the maximum amount of time a juvenile may be detained?
What is needed on the CHP 215 for a citizen's arrest?
"Private person's Arrest" in the special box and write the private person's name and address in the witness section
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?
What forms must be given to a victims of a hate crime?
CHP 876 Rights of Hate Crime victims and CHP 174 right to privacy acknowledgment
When listing the violation of the hate crime on the CHP 216 how should the violation be listed?
With the primary crime, followed by "Possible Hate Crime"
Under what conditions does the Department NOT discourage off duty enforcement?
When the violation is serious in nature or possess a danger to the public
What forms shall be given to sexual assault victims?
CHP 174, Right to Privacy Achnowledgment and "Victims of Domestic Violence card
Under what conditions may an aircraft land on, taxi on, or take off from a highway?
When an emergency or when given prior approval
What forms are required to be provided to Domestic Violence Victims?
CHP 174, Right to Privacy Achnowledgment, CHP 182 Domestic Violence Resource info, Domestic Violence Card and CHP 173, Domestic Violence Referral
Should officers make routine arrests of both DV parties?
No, attempts should be made to identify and arrest the primary aggressor
May the victim of Domestic violence make a citizen arrest when it was a misdemeanor not committed in the officer's presence?
Yes, the officer shall advise the victim of that and the advisement shall be documented on a CHP 216
When do emergency Protective Orders expire?
No later than the close of judicial business on the 5th court day or the 7th calendar day following the day of issuance
In cases of suspected child abuse, when should DOJ report be completed?
Any time child abuse is suspectd, regardless if it was turned over to CPA. The DOJ report shall be submitted
Emergency portective orders are good for ___ business days or ____ calendar days and can be obtained by an officer when?
5,7 any time day or night
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?
SHALL, 36 hours
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
Is it an option whether or not to physically arrest all felony violators?
No.... it is a SHALL. You shall arrest all felony violators.
What is the longest you can temporarily detain a minor in a law enforcement facility?
Even if you don't interrogate a minor you have to do what before you release them to a jail facility or parent?
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.
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?
You will attach the copy of it to the office copy of the CHP 215 to be retained @ area.
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.
When "849Bing" someone.... what form will you fill out?
CHP 103 (Certificate of Release from Custody)
Private persons arrest: When 849B'ing someone are you required to write a memo to area explaining the circumstances?
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.
11362.71 (e) H&S
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"
Handle it as property... that way the property may be released to them without a court order.
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?
28.5 grams or less must be cited and released.
A criminal act committed in whole or in part because of
- Race or ethnicity,
- Religion, or
- Sexual orientation.
Is defined as what type of crime?
A Hate Crime.
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 ^ ?
Rights of Hate Crime Victims brochure
A crime referred to as "bias-motivated" is what type of crime?
A Hate Crime
Hate Crime: Officers Shall provide the victim with a "Right to Privacy Acknowledgement" form.
What CHP form # is that?
Right to Privacy Acknowledgement
Hate Crimes: A "Uniform Crime Report" shall be completed.
What CHP form # is that ^ ?
Uniform Crime Report
What is a major component to a Hate Crime?
The victims perception.
Do vitims of Hate Crimes have the right to have their name and address withheld from the CHP 202 or CHP 216?
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 supervisor. If one is not available then the arresting officer.
Does the 849b party get that original CHP 103 or a copy of it?
A copy of it!
The original shall be filed in the Area office.