HPM 70.6

Question 1

The legal standard used to determine the lawfulness of a use of force is the Fourth Amendment to the United States (U.S.) Constitution and Graham v. Connor, 490 U.S. 386 (1989). Graham states, in essence, that any use of force must be:

Answer 1

objectively reasonable under the totality of the circumstances.

Question 2

The Graham decision specified three primary factors (the Graham Factors) to assist in determining reasonableness.

Answer 2

(1) Severity of the crime at issue.
(2) Whether the subject poses an immediate threat to the safety of the officer(s) or others.
(3) Whether the subject is actively resisting arrest or attempting to evade arrest by flight.

Question 3

It is the policy of the Department that officers may use force which is objectively reasonable to:

Answer 3

1. defend themselves or others
2. effect an arrest or detention
3. prevent escape
4. overcome resistance.

Question 4

While policy cannot realistically predict every possible situation, the decision regarding which force option to select should be guided by the following key principles:

Answer 4

(1) Sound professional judgment.
(2) Use of force that is objectively reasonable based on the totality of the circumstances perceived by the officer at the time
(3) De-Escalation
(4) The prospect of a favorable outcome is also often enhanced when supervisors
(5) Ultimately, the decision by an officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time,

Question 5

(a) While it is relevant, flight alone is not the only factor to be taken into consideration. In addition to flight, officers shall consider:

Answer 5

1 The severity of the crime.

2 Whether the subject poses an immediate threat to officers or others.

3 The officer-to-subject factors and environmental factors (lighting, footing, weather, etc.).

Question 6

Once an officer no longer perceives a threat, deadly force is no longer ___________

Answer 6

justified.

Question 7

(b) In self-defense while an assault with a deadly weapon (ADW) with a vehicle __________________

Answer 7

is actually beinq committed.

Question 8

The discharge of a firearm at a wrong-way, high-speed, or reckless driver or vehicle solely on the assumption that other persons may be injured or killed unless the driving act is terminated is _____

Answer 8

not authorized.

Question 9

(4) Warning shots ___be fired except under the same conditions which authorize the use of deadly force against a human being and only if the firing of such shots is not likely to endanger innocent persons.

Answer 9

shall not

Question 10

a. Following a use of force incident, officers should provide medical care _______as soon as practical.

Answer 10

within their scope of practice

Question 11

d. When a subject requests or is provided medical attention, arrest reports shall include, at a minimum, the following additional information:

Answer 11

(1) Nature of illness or injury.
(2) Name of attending doctor and their recommendations.
(3) Whether jail personnel were requested to arrange for medical care.
(4) When pertinent, include time elements, symptoms, requests for aid by the subject(s), and details of the transportation and treatment.

Question 12

e. All medical care provided by CHP employees shall be documented in the officer’s report and on a

Answer 12

CHP 330, Emergency Medical Report (EMT-P, EMT-1, EMR).

Question 13

All incidents involving the use of force shall be thoroughly documented. Documentation shall include the following:

Answer 13

(a) The totality of circumstances surrounding the use of force.
(b) Method(s) of force used.
(c) De-escalation techniques.
(d) Any medical assistance rendered.

Question 14

For use of force incidents: Supervisors are responsible for ensuring that:

Answer 14

(1) Accurate reporting shall be thoroughly documented in accordance with Highway Patrol Manual (HPM) 100.86, Risk Management Manual.
(2) An investigation is conducted and documented.

Question 15

An officer may discharge a firearm at an animal under the following conditions:

Answer 15

(1) In self-defense or to defend another person from serious bodily harm.
(2) When necessary to destroy a critically injured animal, provided such action can be accomplished with safety to persons and property.
(3) When necessary to destroy suspected rabid animals or animals attacking livestock.

Question 16

The departmental shooting policy shall be reviewed ________ by all uniformed employees at the rank of sergeant and below.

Answer 16

quarterly

Question 17

Firearms _____ be discharged from departmental aircraft except in compliance with this policy and only when the aircraft is not in flight.

Answer 17

shall not

Question 18

Officers should not place their finger on the trigger of any firearm during a tactical situation except under the following circumstances:

Answer 18

(a) When actually firing the firearm.

(b) When the firearm is pointed at an identified target and the use of deadly force is justified.

Question 19

The decision whether or not to place their finger on the trigger of a firearm must be based on the officer’s perception of the _____________

Answer 19

tactical situation with which they are confronted.

Question 20

.The shooting of an animal should be undertaken only as a last resort. The following steps shall be taken prior to shooting:

Answer 20

(1) Supervisor’s approval to destroy the animal should be obtained with consideration of the geographical location and the officer’s experience.
(2) If possible, the owner’s permission to destroy the animal should be obtained.
(3) All bystanders must be protected by removal to a safe area behind the shooting officer.
(4) The area behind and to the sides of the animal should be protected in the event of overpenetration or ricochet of the bullet. The preferred method is to select a location which provides a dirt embankment or other suitable backstop.
(5) When shooting any animal in the head, the chances of ricochet are reduced when shot from a 90-degree angle at the point of entry.
(6) The skull structure of large animals is predominately thick. There are, however, limited areas where the skull is thin enough to permit bullet penetration.

Question 21

The following discharge of firearms incidents shall be reported:

Answer 21

(1) The intentional discharge of any firearm by an officer while on duty.
(2) The intentional discharge of any firearm by an officer while off duty in the direction of, or causing injury to, any person, or toward the property of another person without their specific permission.
(3) Accidental discharge of any firearm while on duty.
(4) Off-duty accidental discharges of any firearm that may be carried concealed under the authority of California peace officer status.
(5) Warning shots fired by an officer while off duty in an attempt to apprehend a person for any crime.
(6) The intentional or accidental discharge of a firearm by a nonuniformed employee while on duty.

Question 22

Shooting animals: Shots to the heart are to be used as a ___________, as there is a good possibility of ricochet from the shoulder and rib bones.

Answer 22

last resort

Question 23

Except for ______, the most effective way to destroy an animal is to shoot it in the brain through the front of the head.

Answer 23

swine

Question 24

The officer who has a_____ to meet each situation is the officer who has a greater chance of survival.

Answer 24

plan and is flexible

Question 25

It is essential that the use of the rear flashing red, blue and amber lights be_____ to those instances when unusual or hazardous conditions exist

Answer 25

limited

Question 26

. Upon observing a violation, the officer should stop tfie violator’s vehicle_______

Answer 26

as soon as possible.

Question 27

FSTs ________ be conducted while standing directly between the patrol vehicle and the violator’s vehicle.

Answer 27

shall not

Question 28

The desired minimum distance between vehicles is

Answer 28

10 feet

Question 29

The first ______ are crucial in an officer’s contact with the violator. During this time, the officer may gain or lose support for the Department or place themselves in a life-threatening position.

Answer 29

60 seconds

Question 30

(2) Until the officer has an opportunity to learn the violator’s last name, the violator should be addressed as

Answer 30

“Sir” or “Ma’am.”

Question 31

Officers __________ apologize for taking an appropriate enforcement action.

Answer 31

should not

Question 32

A CHP 215 _____normally charge only a single major hazardous violation observed during the continuing movement immediately prior to the enforcement action.

Answer 32

should

Question 33

The officer _____ make any notes on the reverse side of the green copy

Answer 33

shall

Question 34

Vehicle Code Section 21055 grants the operators of AEV exemptions to the rules of the road when the vehicle displays a red light visible to the front and the siren is operated as reasonably necessary in conjunction with one or more of the following conditions:

Answer 34

(1) In response to an emergency call.
(2) While engaged in rescue operations.
(3) In the immediate pursuit of an actual or suspected violator of the law.
(4) In response to, but not returning from, a fire alarm.

Question 35

It should be emphasized that criminal responsibility is not covered by these sections and officers ____ be subject to criminal prosecution for an arbitrary act.

Answer 35

may

Question 36

Employees _____wear seat belts at all times when operating a departmental vehicle or as a passenger in a departmental vehicle.

Answer 36

shall

Question 37

(b) A patrol vehicle using a siren should pass traffic on the _____ even though it is necessary to drive across a center line of a roadway. A motorist will often swerve to the_____at the approach of an AEV. Therefore, an officer should cautiously pass on the right only when no other course is open and then only when the red light and siren have been _______.

Answer 37

left

right

deactivated

Question 38

Officer..____s clearly indicate their intent to stop the vehicle and arrest the subject.

Answer 38

shall

Question 39

(6) A pursuit ______ be initiated or engaged in while providing transportation for any person, other than sworn peace officers

Answer 39

should not

Question 40

Officers _____ trail the pursuit without supervisory approval, but ___ monitor the progress of the pursuit and be prepared to assist if directed by a supervisor.

Answer 40

shall not

should

Question 41

The unit initiating the pursuit should immediately notify the communications center that a pursuit is underway, giving:

Answer 41

• The reason for the pursuit.
• The location and direction of travel.
• The speed of the fleeing vehicle.
• A description of the vehicle and the license number, if known.
• The number of known occupants.
• The identity or description of the known occupants.
• Any information concerning the use of firearms, threat of force, or other unusual hazard.
• The current traffic conditions.

Question 42

Upon being notified of the pursuit, the supervisor shall immediately notify the communications center they are joining or monitoring the pursuit and accepting supervisory responsibility. The supervisor is accountable for the following:

Answer 42

1 Once the supervisor becomes aware of the pursuit, they shall take an active role in the pursuit and conduct an ongoing evaluation of the incident.

a The supervisor must also balance the known or reasonably suspected offense, and the apparent need for immediate capture against the risks to peace officers, innocent motorists, and others to protect the public.

2 Discontinuing the pursuit, when necessary, in accordance with the policy contained in this chapter.

3 Ensuring the pursuit is conducted in accordance with the provisions of this chapter, including:

a No more than the necessary number of units are involved.
b Request for aircraft has been made.
c The appropriate radio channel is being utilized. d Affected allied agencies have been notified.

4 Proceeding to the termination point, if at all practicable, to provide guidance and supervision, and to gather information for the pursuit report.

Question 43

(a) California Highway Patrol participation in an allied agency’s pursuit is appropriate ____ in response to a specific request for participation.

Answer 43

only

Question 44

2 Ramming should not occur when either the pursued vehicle or the pursuing vehicle is traveling in excess of ____miles per hour (mph).

Answer 44

35

Question 45

The supervisor ____ensure the vehicle is placed out-of-service if the vehicle experienced any level of reduced brake efficiency or damage during the high-performance driving

Answer 45

shall

Question 46

At the conclusion of the pursuit, the supervisor, when appropriate, ____ conduct an incident debriefing with the officer(s) involved in the pursuit.

Answer 46

should

Question 47

A supervisor ____ evaluate all pursuits and complete a CHP 187 Pursuit Report, when the incident meets the definition of a pursuit.

Answer 47

shall

Question 48

(a) Department policy requires patrol vehicle speedometers be calibrated every ____using radar or a fifth wheel.

Answer 48

90 days or 30,000 miles

Question 49

Of primary concern in freeway patrol is the:

Answer 49

maintenance of a smooth and steady flow of traffic.

Question 50

(2) Of these causative factors contributing to disruption of freeway traffic,____________ are those which can most easily be eliminated by the officer through conscientious and effective application of the methods presented in this manual.

Answer 50

improper enforcement, traffic direction, and accident investigation techniques

Question 51

No red light, siren, or rear flashing amber light __________ be used on the freeway when responding to an accident scene.

Answer 51

should normally

Question 52

(1) When the vehicles involved in an accident are all on the roadway shoulder, the CHP vehicle should be moved and parked in _____of the vehicles involved where practical. By doing this, witnesses and officers will be better protected from additional rear accidents as the accident vehicles will serve as a buffer

Answer 52

front

Question 53

(2) Orange traffic cones may be used as an alternative or supplement with flares, especially ______ daylight hours.

Answer 53

during

Question 54

(1) The officer should not depend solely on a flare pattern to warn and direct approaching traffic. The officer ____actively direct traffic whenever possible.

Answer 54

shall

Question 55

(2) For some motorists, the only time they come into contact with an officer is at the scene of an accident. The public’s perception of the Department is often formed by the activities of officers at accident scenes. Therefore, officers ____actively perform traffic control functions when normal traffic flow is impeded.

Answer 55

shall