Dept. Procedure 4 Flashcards by Anvi M

4.01 – STOP/DETENTION/PAT DOWN (02/27/2015)

It is not what the person contacted believes or should believe. It is what a reasonable person in the same circumstances would believe. True or False?

True

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4.01 – STOP/DETENTION/PAT DOWN (02/27/2015)

Courts have used what terminology for a detention?

“Investigative stop”

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4.01 – STOP/DETENTION/PAT DOWN (02/27/2015)

More than a hunch or speculation, but less than probable cause necessary to arrest is known as:

Reasonable suspicion

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4.02 – EYEWITNESS INDENTIFICATION (04/04/2014)

At least how long before the live lineup the investigator should recontact the suspect and ask if whether all necessary arrangements have been made with his attorney?

One day

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4.02 – EYEWITNESS INDENTIFICATION (04/04/2014)

If the suspect’s lawyer does not appear at the lineup or indicates in any way an appearance will be made, who should the investigator contact before proceeding with the lineup?

The Deputy District Attorney handling the case.

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4.02 – EYEWITNESS INDENTIFICATION (04/04/2014)

A suspect may waive the right to an attorney at the life lineup, but it must be done freely, intelligently, and_______.

In writing

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4.02 – EYEWITNESS INDENTIFICATION (04/04/2014)

Who should conduct photographic lineups?

Investigative personnel only, except in very rare instances.

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4.03 – ADMONISHMENT PROCEDURES (03/01/2014)

A person shall not be compelled in any criminal case to be a witness against himself; is what amendment of the United States Constitution?

The Fifth Amendment.

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4.03 – ADMONISHMENT PROCEDURES (03/01/2014)

If the suspect is a juvenile, Miranda admonishment is not required unless he is questioned. True or False?

FALSE - custody alone will require an admonishment.

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4.03 – ADMONISHMENT PROCEDURES (03/01/2014)

Can there be “custody” without an arrest?

Yes

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4.04 – DOMESTIC VIOLENCE (08/29/2014)

In 2008, California voters passed proposition 9, a constitutional amendment known as:

Marsy’s law

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4.04 – DOMESTIC VIOLENCE (08/29/2014)

Generally, a dating relationship is considered how many dates?

Intimate association primarily characterized by the

expectation of affection or sexual involvement independent of financial considerations.

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4.04 – DOMESTIC VIOLENCE (08/29/2014)

Per Marsy’s law, “Victim” also includes the person’s spouse, parents, children, siblings or guardian. True or False?

True

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4.04 – DOMESTIC VIOLENCE (08/29/2014)

Who handles all DV crimes involving juvenile suspects?

Area stations

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4.04 – DOMESTIC VIOLENCE (08/29/2014)

Firearms confiscated at a domestic violence incident shall be held at least how many hours?

48 hours

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4.04 – DOMESTIC VIOLENCE (08/29/2014)

Weapons shall be made available for return to the owner when?

After 48 hours and no later than five business days.

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4.04 – DOMESTIC VIOLENCE (08/29/2014)

Any firearm taken into custody and not recovered by the owner within______shall be treated as a nuisance unless there is an extended hearing process.

12 months

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4.04 – DOMESTIC VIOLENCE (08/29/2014)

If a petition to destroy the weapon was filed, the owner of the weapon will be notified within how many days?

Within 60 days of the seizure.

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4.05 – PROTECTIVE ODERS (04/26/2013)

When do EPO expire?

Within five judicial working days or seven calendar days, whichever comes first.

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4.05 – PROTECTIVE ODERS (04/26/2013)

What is 166(C)(1)PC ?

Violation of any protective order or stay away order issued during a criminal case involving domestic violence, or elder or dependent adult abuse case.

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4.05 – PROTECTIVE ODERS (04/26/2013)

What is 273.6 (A) PC?

Violation of protective order or restraining order.

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4.05 – PROTECTIVE ODERS (04/26/2013)

A “No Negative Contact” order is issued in a criminal case. True or False?

TRUE

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4.05 – PROTECTIVE ODERS (04/26/2013)

A protective order that is issued pursuant to the domestic violence prevention act may also be called as:

Order to show, or

2. Order after hearing

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4.05 – PROTECTIVE ODERS (04/26/2013)

Generally, how long is an order to show cause valid for?

From 10 to 21 days, pending a formal hearing.

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4.05 – PROTECTIVE ODERS (04/26/2013) The order after hearing is a permanent restraining order issued after a formal hearing. How long is the order after hearing valid for?

Typically three years from the date of issuance.

4.05 – PROTECTIVE ODERS (04/26/2013) A court may order a permanent restraining order remain in effect for up to how many years?

Up to five years.

4.05 – PROTECTIVE ODERS (04/26/2013) A protective order is typically effective no more than how many years after issuance of the order?

No more than three years.

4.05 – PROTECTIVE ODERS (04/26/2013) Restraining or protective orders are entered into what computer system?

California law enforcement telecommunications system (CLETS).

4.05 – PROTECTIVE ODERS (04/26/2013) Will the Sheriff’s Department accept orders issued in other states?

Yes, if they have been filed with a California court.

4.05 – PROTECTIVE ODERS (04/26/2013) In order to have a violation of a protective order, there has to be knowledge and intent. True or False?

True, the violation has to be knowing and intentional.

4.05 – PROTECTIVE ODERS (04/26/2013) What questions should officers ask to prove the knowing/intentional violation?

1. Date of the order 2. Expiration date 3. Terms of the order 4. Was the order served

4.05 – PROTECTIVE ODERS (04/26/2013) If the Sheriff’s Department cannot verify the order, may the order still be enforced?

Yes, if the officer believes in good faith an order is valid and the suspect was on notice, a private person's arrest may be made.

4.05 – PROTECTIVE ODERS (04/26/2013) If a physical arrest is made, and the suspect is going to be transported to jail, the officer must do what prior to booking approval by the watch commander's office?

Pick up a copy of the order at the Sheriffs Office.

4.05 – PROTECTIVE ODERS (04/26/2013) No EPO shall be issued based solely on an allegation of financial abuse of an elder or dependent adult. True or False?

True

4.06 – ARREST WARRANT PROCEDURES (07/24/15) Most warrant abstracts will be picked up at the watch commander's office. NCIC and CLETS warrants will be picked up where?

Teletype in Records Division

4.06 – ARREST WARRANT PROCEDURES (07/24/15) Misdemeanor or infraction warrants may only be served between what hours?

0600 and 2200 hrs.

4.06 – ARREST WARRANT PROCEDURES (07/24/15) Prior to booking a subject on an out-of-state warrant, the officer must do what?

Extradition by the out-of-state agency must be confirmed.

4.07 – TELEPHONIC SEARCH WARRANT (08/01/2014) Normally, telephonic SW should only be used when?

Saturday, Sundays, court holidays, and between 1700 and 0600 hrs. on weekdays.

4.07 – TELEPHONIC SEARCH WARRANT (08/01/2014) Is knock and notice required for outer doors that are standing open?

YES

4.07 – TELEPHONIC SEARCH WARRANT (08/01/2014) Is knock and notice required for open inner doors?

4.07 – TELEPHONIC SEARCH WARRANT (08/01/2014) Return of the warrant must be done when?

Before 1700 hrs. on the court date immediately following the day the warrant was executed.

4.07 – TELEPHONIC SEARCH WARRANT (08/01/2014) Can a Telephonic SW be obtained during working hours on weekdays?

YES - under emergency conditions and when time is of the essence. Any such requests should first be made to the SDPD Deputy District Attorney Liaison

4.08 – NOTIFY WARRANT (05/03/2013) Can notify warrants be used in situations where the offender was not present when the misdemeanor offense was committed?

Yes, such as a bartender serves liquor to a minor and the bar owner is not present.

4.09 – LOUD PARTIES (08/08/2014) What are the hours that applies to Penal Code section 415(2) ?

Anytime, day or night.

4.09 – LOUD PARTIES (08/08/2014) 415 (2) PC requires persons to know that their conduct is disturbing others. True or False?

TRUE

4.09 – LOUD PARTIES (08/08/2014) In most cases, a first response notice should be issued before enforcement action is taken when enforcing 415(2) PC. True or False?

TRUE - since it requires people to know their conduct this disturbing others.

4.09 – LOUD PARTIES (08/08/2014) SDMC section 59.5 .0501 (A), is also used for noise violations that occur at any time day or night. True or False?

TRUE

4.09 – LOUD PARTIES (08/08/2014) SDMC section 59.5 .0501(A) does not require a private person to state his or her peace was disturbed. True or False?

FALSE - it does require a person to state his peace was disturbed.

4.09 – LOUD PARTIES (08/08/2014) SDMC 59.5 .0502(b)(2)(a) proscribes what?

Loud radios, TVs, stereos, and other types up amplified noise or music.

4.09 – LOUD PARTIES (08/08/2014) A violation of SDMC 59.5.0502(B)(2)(a) occurs between what hours?

Between the hours of 2200 and 0800 hrs.

4.09 – LOUD PARTIES (08/08/2014) What are the issuing guidelines for SDMC section 59.5 .0502 (B)(2)(A)?

50 feet distance, for charging purposes, the city attorney's office requires 75 feet.

4.09 – LOUD PARTIES (08/08/2014) If an officer can state he heard the loud noise from 75 feet away, is a private citizen required?

4.09 – LOUD PARTIES (08/08/2014) What is the Penal Code section for unlawful assembly?

409

4.09 – LOUD PARTIES (08/08/2014) When issuing first response notice to juveniles, officers should also incorporate whose information in first response notice?

Parents' information

4.09 – LOUD PARTIES (08/08/2014) Is a person's signature on the first response notice required?

Should get it, but it is not required.

4.09 – LOUD PARTIES (08/08/2014) Officers who issued the second notice must notify Communications Division what?

The incident is a "cost recovery."

4.09 – LOUD PARTIES (08/08/2014) If the loud party disturbance is taking place on a beach or at a public park, officers should advise the participants what?

A permit from the Park and Rec Department is required.

4.09 – LOUD PARTIES (08/08/2014) 415 (2) PC, requires that there must be a civilian witness. However, is a citizens arrest required if the crime is occurring in the officers presence?

Citizens arrest is NOT required

4.11 –REQUEST FOR ASYLUM (09/28/2011) The United States has an obligation under a treaty to prevent the forcible removal of refugees from this country. True or False?

TRUE

4.11 –REQUEST FOR ASYLUM (09/28/2011) If necessary, reasonable force may be used to prevent the refugee from being forced to return to his homeland. True or False?

TRUE

4.11 –REQUEST FOR ASYLUM (09/28/2011) Who shall be notified if an asylum-seeker is taken into protective custody?

Department of Homeland Security/Immigration and Customs Enforcement (ICE).

4.13 – RETENTION OF OFFICERS' NOTES (06/14/2013) Copies for testifying in judicial and administrative proceedings shall be placed in The shred receptacle within how many days of completing the testimony?

Within three working days

4.14 – REPORTING CRIMES IN MEXICO (05/02/2014) Are officers required to take crime reports regarding public corruption occurring in Mexico?

They shall: crimes including extortion, bribery, and death by a public official, which includes police officers.

4.14 – REPORTING CRIMES IN MEXICO (05/02/2014) If a reports is taken, what crime code will be used and location?

1. 990000ZZ | 2. 5969 Rail Court

4.14 – REPORTING CRIMES IN MEXICO (05/02/2014) The reporting officer shall tell the victim that the crime must also be reported in person with whom?

Baja California State Attorney General's office

4.14 – REPORTING CRIMES IN MEXICO (05/02/2014) In cases where the victim is a US citizen, the reporting officer shall tell the victim to contact who else in Tijuana?

US Consulate in Tijuana

4.14 – REPORTING CRIMES IN MEXICO (05/02/2014) If a California resident had his vehicle stolen while in Baja California, Mexico, the victim needs to file the report with whom?

Baja California State Atty. Gen.'s office

4.14 – REPORTING CRIMES IN MEXICO (05/02/2014) If the victim's vehicle was stolen in Mexico, the victim should be told he may file a courtesy report with whom once returned to United States?

California Highway Patrol (CHP)

4.15 – PROBATION and PAROLE SEARCH (11/08/2013) The US Supreme Court has held that a suspicionless search of a parolee does not violate the Fourth Amendment, Samson v California. True or False?

TRUE

4.15 – PROBATION and PAROLE SEARCH (11/08/2013) In the event the search takes place in another agency's jurisdiction, who shall notify the appropriate law enforcement agency?

The sergeant

4.15 – PROBATION and PAROLE SEARCH (11/08/2013) Probation and parole searches are generally conducted between what hours?

Between 0700 and 2200 hrs.

4.15 – PROBATION and PAROLE SEARCH (11/08/2013) Parole/probation searches are between 0700 and 2200 hours unless:

1. Criminal activity is occurring 2. Suspect is present and awake 3. Parole/probation violation is taking place 4. Specific law enforcement goal is been served (gangs sweeps, 290 registration sweep, area specific or crime specific sweep)

4.15 – PROBATION and PAROLE SEARCH (11/08/2013) The reason for not contacting a state parole official prior to conducting the search must be articulated and written reports. True or false?

TRUE

4.16 – ESPRESSIVE ACTIVITY and FIRST AMENDMENT RIGHTS (10/09/2012) The California Supreme Court has ruled what location has assumed the function of the Townsquare where people used to meet and discuss the issue of the day?

Modern-day shopping malls

4.16 – ESPRESSIVE ACTIVITY and FIRST AMENDMENT RIGHTS (10/09/2012) It is unlawful for people to violate private business owners rules and regulations on private property. True or False?

FALSE - rules are not law.

4.16 – ESPRESSIVE ACTIVITY and FIRST AMENDMENT RIGHTS (10/09/2012) Unless he engages in activity genuinely obstructs the business or intimidates the business, he cannot be arrested for trespassing by virtue of his being present or refusing to leave. True or False?

TRUE

4.16 – ESPRESSIVE ACTIVITY and FIRST AMENDMENT RIGHTS (10/09/2012) A business owner seeking to remove or restrict persons engaged and expressive activity must obtain what?

A restraining order or injunction from a civil court.

4.16 – ESPRESSIVE ACTIVITY and FIRST AMENDMENT RIGHTS (10/09/2012) Labor activity is a form of expressive activity that is lawfully authorized by the local government. True or False?

FALSE - It is authorized by the federal and state law.

4.16 – ESPRESSIVE ACTIVITY and FIRST AMENDMENT RIGHTS (10/09/2012) People engaged in lawful labor actions are specifically excluded from the trespassing statues that pertain to certain types of property. True or False?

TRUE

4.16 – ESPRESSIVE ACTIVITY and FIRST AMENDMENT RIGHTS (10/09/2012) Expressive activity may be commercial, political, personal, or labor related in nature. True or False?

TRUE

4.16 – ESPRESSIVE ACTIVITY and FIRST AMENDMENT RIGHTS (10/09/2012) What factor is used to determine the right of the public to enter property for purposes of expressive activity?

The nature, purpose, and primary use of the property itself.

4.16 – ESPRESSIVE ACTIVITY and FIRST AMENDMENT RIGHTS (10/09/2012) Expressive activity may be prohibited on business properties that are not open to the public, such as office buildings. True or False?

TRUE

4.16 – ESPRESSIVE ACTIVITY and FIRST AMENDMENT RIGHTS (10/09/2012) The officer should make every attempt to determine if the time, place, and manner restrictions are reasonable. True or False?

FALSE - only a court can make those determinations.

4.16 – ESPRESSIVE ACTIVITY and FIRST AMENDMENT RIGHTS (10/09/2012) Both parties may request responding officers review their documents. It is appropriate for officers to decline to review these documents. True or false?

True, the officer's sole determination for taking action is whether or not a crime has been committed.

4.16 – ESPRESSIVE ACTIVITY and FIRST AMENDMENT RIGHTS (10/09/2012) Disputes between property owners and those engaging in expressive activity are civil in nature. True or False?

TRUE

4.01 – STOP/DETENTION/PAT DOWN (02/27/2015) During the course of citizen contacts, officers should not ask about a person’s probation or parole status, or other legally documented status, unless WHAT?

Unless the officer has independent knowledge of the person’s criminal history or the totality of the circumstances would necessitate the information be immediately ascertained.

4.16 – ESPRESSIVE ACTIVITY and FIRST AMENDMENT RIGHTS (10/09/2012) In the event that a party named in the court order is present, in violation of the court order, the officer should arrest the person and transport him away from the scene immediately. True or False?

False, the officer should offer the person an opportunity to comply with the court order.

Unless the officer has independent knowledge of the person’s criminal history or the totality of the circumstances would necessitate the information be immediately ascertained.

4.01 – STOP/DETENTION/PAT DOWN (02/27/2015) If an officer reasonably suspects that a person has committed, is committing, or is about to commit any crime, the authority to detain that person exists. Courts have used what terminology to describe these circumstances?

“Criminal activity is afoot”

4.02 – EYEWITNESS INDENTIFICATION (04/04/2014) In a Sequential photo lineup, how many photos are being used?

There should be at least four photographs in addition to the suspect's photograph, a total of FIVE.

4.02 – EYEWITNESS INDENTIFICATION (04/04/2014) What is the amount of time that went by between the crime and the lineup?

Probably this should not be more than an hour or two at the most; however, a four-hour period has been upheld in a case where all of the other factors have been strong

4.04 – DOMESTIC VIOLENCE (08/29/2014) When can a DV suspect be released on a misdemeanor citation?

An example would be a suspect admitted to a hospital for a serious injury. A field supervisor must be contacted and must approve the issuance of the citation.

4.05 – PROTECTIVE ODERS (04/26/2013) In order to obtain a more permanent order, officers should refer the protected person to where?

San Diego Family Justice Center. Officers shall write the address (1122 Broadway, 2nd floor, San Diego, CA 92101) on the face of the EPO.

4.06 – ARREST WARRANT PROCEDURES (07/24/15) Can an “Arrest Without Warrant” be made if the crime charged in the warrant is a felony and out-of-state?

YES - Probable cause to arrest based on information over the radio is sufficient if verification of the suspect is obtained (i.e., name, DOB, physical description, scars, etc.).

4.07 – TELEPHONIC SEARCH WARRANT (08/01/2014) If the officer is unable to contact the duty DDAs or the Department’s DDA liaison for a telephonic SW, who else can he contact?

The Sheriff’s Department' s DDA liaison.

4.10 - REPOSSESSIONS (02/01/2013) | Involuntary repossessions are legal as long as they are done without a breach of the peace. True or False?

TRUE - California statutes allow for repossessions without judicial process, so they may occur even without court orders, so long as they are done peacefully.

4.10 - REPOSSESSIONS (02/01/2013) Repossessions are private matters, governed by what code?

Uniform Commercial Code (UCC)

4.08 – NOTIFY WARRANT (05/03/2013) When a notify warrant is requested, an arrest report (ARJIS-8) shall be completed as though a custodial arrest had been made. True or False?

TRUE

4.10 - REPOSSESSIONS (02/01/2013) Why does the police role in all repossession matters shall be one of preserving the peace?

Because police intervention and aid in the repossession may amount to state action

4.10 - REPOSSESSIONS (02/01/2013) Vehicles repossession is complete when the repossessor gains entry to the vehicle or when the vehicle is hooked up to a tow truck. True or False?

TRUE

4.10 - REPOSSESSIONS (02/01/2013) Repossession of other personal property, including boats, furniture, appliances, etc., is complete when the repossessor has removed the item from the possessor’s private property. True or False?

TRUE

4.10 - REPOSSESSIONS (02/01/2013) If the possessor is not present, who may represent his or her interest and protest the repossession.

A spouse, a child, or other persons in legitimate possession.

4.10 - REPOSSESSIONS (02/01/2013) If the person in possession of the property is present and objects before the repossessor is in possession, the repossessor should do what?

The repossessor should stop, whether the item is on private property or on the street.

4.10 - REPOSSESSIONS (02/01/2013) Does a landlord, employer, or other person on whose property the item in question may be found have possessor control sufficient to legally protest a repossession.

DOES NOT

4.11 –REQUEST FOR ASYLUM (09/28/2011) How will officers document the contact with nationals who are seeking asylum in the United States?

Thoroughly document the contact on an ARJIS-9.

4.13 – RETENTION OF OFFICERS NOTES (06/14/2013) Are photographs, reports, and recordings of current, ongoing, active investigations allowed for personal custody?

YES

4.13 – RETENTION OF OFFICERS NOTES (06/14/2013) All relevant information (this includes exculpatory facts or statements) written in the notepad and PD-145 shall be immediately transferred to an official police record. How long will the notepads and PD-145s be saved?

Notepads and PD-145 that are completed or until all pages are filled shall be destroyed by the officer.

4.14 – REPORTING CRIMES IN MEXICO (05/02/2014) Officers shall prepare a crime report for the following crime categories believed to have occurred in Mexico:

Violent Crimes – including but not limited to rape, robbery, sexual assault, and assault with a deadly weapon.

4.14 – REPORTING CRIMES IN MEXICO (05/02/2014) Will officers take reports for any other crimes, such as crimes of domestic violence with minor injuries, batteries with minor injuries, thefts, etc.?

N0 - the victims should be advised to contact the Baja California Attorney General’s Office in person to report the crime to ensure that an investigation is conducted.

4.15 – PROBATION and PAROLE SEARCH (11/08/2013) Does a suspicionless search of a parolee violate the Fourth Amendment?

NO, per US Supreme Court case Samson v. California.

4.15 – PROBATION and PAROLE SEARCH (11/08/2013) A Receipt and Inventory form should be completed as the search progresses and a copy should be left at the site. True or False?

TRUE