HPM 100.69 - GENERAL LAW ENFORCEMENT Flashcards
(96 cards)
Arrested person has right to at least ___ phone calls immediately upon being booked
No later than __ hours after arrest
3 calls
Within 3 hours
+2 if child care needed
Officers SHOULD or SHALL arrest all felony violators
SHALL
If there is a claim that child care is needed - they are entitled to ___ additional calls
2 additional calls
Arrestee shall be afforded every opportunity to sign the CHP 215 - right up until ____________ has begun
Booking
When arrestee is a minor - the place of appearance shall be the juvenile court within the ______ in which the offense charged took place
In the same county
Minors SHOULD NOT or SHALL NOT be locked in a cell or room within a jail
SHALL NOT
Arrested minors SHOULD or SHALL remain under continuous supervision of a dept or law enforcement facility employee?
SHALL
Minors SHOULD NOT or SHALL NOT be permitted to come into contact with an in-custody adult.
SHALL NOT
If it happens, contact shall not be permitted to continue
In no event shall a minor be present in an adult detention facility or jail for a continuous period in excess of ____ hours
No more than 2 hours
Even when an interrogation of an arrested juvenile will NOT be conducted, MIRANDA should still be given when?
Just prior to release of the juvenile to the jail or parent to comply with 625 WIC
As with all arrests, if a juvenile will be interrogated, ________ shall be advised
Miranda
A __________ effort to notify a parent / guardian shall be made regarding a minor’s arrest.
Reasonable
Basically, __________ shall be advised to all juvenile arrestees
Miranda
Per WIC, prior to an in-custody interrogation and before waiving their Miranda rights, a youth 17 and under SHALL consult with _________________
Legal counsel - in person/by phone/video
When conducting a non-custodial interview with a juvenile suspect, the issue of custody from the perspective of ___________ shall also be considered prior to questioning
the child
Officer shall take steps to notify relative of minor’s arrest how soon after arrest?
Immediately
How many calls does a minor get after arrest?
Calls must be made in the presence of who?
2 calls within 1 hour
One call to parent/guardian/employer
Second to attorney
In presence of public officer or employee
Minor may not be detained in room or cell at station any longer than ___ hours at a station lock-up
6 hours
Minor may remain in room or cell at station longer than __ hours with their permission
6 hours
If minor is detained longer than 6 hours, they have to be booked where?
Juvenile facility
Minor can’t be detained in a jail or lockup for ADULTS, BUT they can temporarily be secured in a police or sheriff’s lockup (again, not a jail) if minor is at least ___ years old
Minor is 14 years old or order
So 14-17 years old
Minors MUST be separated from ______
adults
If the minor is UNDER 14, and is NOT believed to be a security risk, they may be kept in temporary custody at a police station.
HOWEVER, the custody must be non-________
Non-secure
*the minor is not locked in a cell or room.
*minor must be supervised
All of this must take place in 6 hours
Can a minor arrested for DUI be taken into an adult detention facility or jail for purpose of chemical test?
Yes, per WIC, if certain conditions are met:
- Minor can’t be locked in a cell/room with adults.
- Must be under constant supervision
- No contact with adults
- Can’t exceed 2 hours in custody