HPM 10.4 in-class quiz Flashcards
The finding in a complaint shall be based on a thorough and complete review of the facts of the complaint, and may also include opinions based on the investigator’s judgment and experience. The investigation must demonstrate that _________________________ clearly supports the finding.
a. Reasonable suspicion
b. Probable Cause
c. A Preponderance of the Evidence
d. A Solid Hunch
c. A Preponderance of the Evidence
This form is intended to be the primary instrument for citizens to file complaints against non-uniformed (non-peace officer) employees, while also informing complainants about the complaint process.
a. CHP 240, COMPLAINT INVESTIGATION
b. CHP 240A, COMPLAINT CONTROL LOG
c. CHP 240B, CITIZENS’ COMPLAINT INFORMATION
d. CHP 240D, CITIZENS’ COMPLAINT INFORMATION
d. CHP 240D, CITIZENS’ COMPLAINT INFORMATION
Complainants or witnesses who desire to use an audio tape recorder to record an interview or discussion with an investigator ___________ be allowed to do so.
a) Should
b) Shall
c) Shall not
d) Should not
b) Shall
All complainants ________ be acknowledged by correspondence within ________ (#) business days of the Department’s notification of the complaint.
a. Should, Five (5)
b. Shall, Five (5)
c. Should, Ten (10)
d. Shall, Ten (10)
b. Shall, Five (5)
Due to new evidence or allegations, it may be necessary on occasion to amend complaint documentation. What reason can a complaint be amended?
A. Changing the finding for an allegation
B. Addition of an employee to the complaint
C. Deletion of an employee to the complaint
D. All the above
D. All the above
Officer Smith, new to the Area, mistakenly gives a motorist wrong directions to the freeway entrance. The citizen later complains that the officer’s incompetence caused him to be late
for an interview. Since it was not the intention of the officer to provide inaccurate information, the proper finding should be ________________.
a. Sustained
b. Unintentional Error
c. Undetermined/ No Finding
d. Departmental
e. Exonerated
c. Undetermined/ No Finding
The complainant shall be requested to return the CHP 240B or CHP 240D within _____ (#) business days.
a. Five (5)
b. Seven (7)
c. Ten (10)
d. Fourteen (14)
b. Seven (7)
Which of the following would not be a considered a factor in establishing whether or not a complaint is frivolous?
A – The allegations appear to be, on their face, preposterous.
B – The complainant had provided conflicting or false statements.
C – The complainant is able to produce multiple, credible witnesses to the alleged circumstance.
D – The complainant has previously filed other frivolous complaints with this Department or another agency.
C – The complainant is able to produce multiple, credible witnesses to the alleged circumstance
9) When a complainant, after having been notified of the findings of a complaint investigation, formally expresses dissatisfaction with the methodology or conclusions of the investigation, which command shall conduct a separate complaint review.
A. Area
B. Division
C. BIA
D. All the above
A. Area
While in training at the Academy an employee has a complaint filed against them. Who will be responsible for conducting the investigation?
A. They are not investigated
B. Employee’s permanent Area Commander
C. Division Commander
D. Academy Commander
D. Academy Commander
Inclusion of a chronological log, ______ be included in all investigations regardless of category.
a) Shall
b) May
c) Is Highly Recommended
d) Should Not
a) Shall
T/F. A complaint that has already been reviewed and signed by the employee can be amended.
A. True
B. False
A. True
The normal suspense period for complaints received at the command, or forwarded from BIA is _____.
A. 30 days
B. 60 days
C. 90 days
D. 1 year
B. 60 days
Officer Smith is a motor officer working a protective service detail (PSD) for the day while a foreign dignitary is in town visiting for the weekend. During the temporary assignment a complaint is filed against Officer Smith. Who would be responsible for handling the complaint.
A. Assistant Commissioner
B. Employee’s permanent Commander
C. Division Commander
D. PSD Supervisor
B. Employee’s permanent Commander
Rescinded/Frivolous Complaints will not have a finding as both are considered to be without merit.
a. True
b. False
a. True
A citizen files a complaint against Officer Smith for using an inappropriate hand gesture when the citizen inadvertently drove over some flares at an accident scene. When questioned, Smith does remember the driver, but denies making any such gesture. There are no witnesses. The investigator, lending equal credence to the officer and the citizen, and finding no reason to doubt the veracity of either, would justifiably come to a conclusion of _____________________.
a. Sustained
b. Unintentional Error
c. Undetermined/ No Finding
d. Departmental
e. Exonerated
c. Undetermined/ No Finding
Complaint Investigations. All commands ___ maintain a Master Complaint File,
in which all Category I, Category II and Other complaint investigations ___ be
stored.
A. Should/Shall
B. Should/Should
C. Shall/Shall
D. Shall/May
C. Shall/Shall
Complaint Investigations. Category I, Category II, and Other complaints shall be
destroyed after a period of _____ years, commencing from the date the Department originally received the complaint.
A. 3 years
B. 5 years
C. 7 years
D. 10 years
B. 5 years
To ensure the integrity of statistical information maintained by BIA, all
Divisions, Areas, and Sections shall report complaint information on an ___ basis
A. Bi-annual
B. Every 6 months
C. Annual
D. When requested
C. Annual
A public safety officer shall have ____ days within which to file a written response to any
adverse comment entered in his personnel file.
A. 15
B. 60
C. 30
D. 12
C. 30
True or False. Each department or agency in this state that employs peace officers should establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and shall make a written description of the procedure available to the public
False/ SHALL
True or False. The Department’s Internet website shall provide instructions on filing the complaint electronically, or on the manner in which to download, complete, and mail the complaint form to the state agency
True
A non-uniformed employee, or an off-duty uniformed employee, engages in acts not related to their employment and willfully uses unlawful force or violence upon the person of another resulting in minor injuries. The other person then files a complaint againt the employee. This would be coded as,
a. Battery
b. Assault
c. Unauthorized tactics
d. Misuse of Position
a. Battery
A complainant comes into the Area office to make a complaint against an officer assigned to the command. The allegation is the officer failed to take an individual into custody as required by policy or authorized by law. As a sergeant assigned to investigate the allegation, you recognize it as a Failure to Arrest complaint and know it is a ___________ complaint a. Category 1
b. Category 2
c. Either a Category 1 or 2
d. Other
b. Category 2
