Law and Policy Flashcards
(276 cards)
1
Q
What P. C. gives peace officers authority to take temporary custody of any firearm or other deadly weapon at the scene of a DV incident?
A
P. C. 18250
2
Q
Does P. C. 18250 give authority to enter a residence for any reason in order to seize a firearm?
A
No, entry must be made pursuant to consent, exigent circumstances, or warrant
3
Q
When practical, deputies shall interview who, in addition to the suspect and victim, at the scene of a DV incident?
A
Children, siblings, parents (other family members)
4
Q
Does the deputy have discretion to obtain an EPO on behalf of the victim of DV if the victim refuses one?
A
Yes
5
Q
Deputy personnel shall issue a receipt to whom when taking custody of a firearm or other deadly weapon on the scene of a DV incident?
A
The owner or person who possessed the weapon
6
Q
What paperwork shall be issued to the DV victim on scene?
A
Report memo, FAIR pamphlet and VINE pamphlet
7
Q
What documentation is required for a Domestic Dispute?
A
A definitive log entry only
8
Q
What P. C. grants authority to a peace officer to arrest for a DV misdemeanor not committed in his presence?
A
P. C. 836 (d)
9
Q
What documentation is required in all DV reports?
A
• check the “Domestic Violence Box”
• signs of intoxication of abuser
• previous LE responses to a DV call at the same location involving the same suspect and victim
• whether firearms or other deadly weapons are present
• weapons and receipt numbers of all confiscated weapons
• name and DOB of all children living at loc, and whether present during the incident
• offer EPO and results of offer
• that Report Memo, FAIR and VINE pamphlets issued
10
Q
At the scene of a DV incident, who shall be arrested if a crime is committed?
A
The dominant aggressor; the most significant, not necessarily the first aggressor
11
Q
What four factors allow a peace officer to enter a home lawfully?
A
• consent
• warrant
• exigent circumstances
• someone in the home is on parole, PRCS, searchable probation
(Legal Sourcebook, ch. 3/II/C1)
12
Q
What major factors constitute exigent circumstances?
A
• preventing imminent danger to life or welfare
• preventing serious damage to property
• preventing imminent escape of a suspect
• preventing destruction of evidence
13
Q
When issuing an EPO, what two things are required?
A
1) suspect must be served by a peace officer; 2) service must be entered into CARPOS by the station secretary
14
Q
What are the nine misdemeanors that a peace officer can arrest for, not committed in their presence?
A
• crimes committed by juveniles (625 WIC)
• DUI and 1) w/accident; 2) susp seen in or around vehicle that is blocking a roadway; 3) will not be apprehended unless immediately arrested; 4) may cause injury to himself or property; or 5) may destroy or conceal evidence unless immediately arrested
(VC 40300.5 & 40600)
• carrying loaded firearm on person while in any public place or any public street [PC 25850 (g)]
• assault or battery on school grounds while school activities are being conducted (PC 243.5)
• A or B on firefighter/med personnel while engaged in the course of their duties (PC 836.1)
• PC 243 (e)(1)
• A or B on elder 65 years old or older when related by blood or legal guardianship [PC 836(d)]
• carrying concealed firearm (PC 25400) inside a secured area of airport [PC 836 (e)]
• violation of protective court order when 1) suspect has been served, and 2) PC to believe he violated order
15
Q
What are the felonies that can be pursued in a vehicle?
A
Murder, mayhem, serious or violent sex crimes, robbery, arson, kidnapping, carjacking, ADW, burglary (including high dollar or serial comercial burg), major narcotics violations, terrorist acts, and confirmed grand theft vehicle
16
Q
What misdemeanors can be pursued in a vehicle?
A
• 417 on info from reliable witness or deputy, and contemporaneous
• reckless DUI
17
Q
What infractions can be pursued in a vehicle?
A
None
18
Q
When pursuing a possible GTA, what is the fist thing that must be broadcast to SCC?
A
Nothing, pursuits are not authorized for a possible GTA
19
Q
What is the statute of limitations for most felonies and misdemeanors?
A
Felonies, 3 years; Misdemeanors,
1 year…from commission of the crime
20
Q
Which crimes have no statute of limitations?
A
Murder, embezzlement of public money, kidnapping for ransom, falsifying public records
21
Q
What is the PC and level for bribery of an executive officer and does it include peace officers?
A
PC 67/F…includes peace officers
22
Q
When using a Gladys R. form for juveniles, should the juvenile be Mirandized?
A
Yes (LSB, ch. 14, I. B. 1)
23
Q
Generally, at what age are minors considered responsible for their actions under California law?
A
14-17
24
Q
Is it proper to detain a person for a curfew ordinance (for minors) based solely upon a “youthful appearance”?
A
Yes
25
What does the term “status offender” refer to?
A minor violating 601 WIC
26
Does California law require minors to be mirandized when taken into temporary custody?
Yes, they must be mirandized at some point
27
If a juvenile commits a crime and then flees the state, what will happen?
He will be prosecuted in regular criminal court (not juvenile court)
28
Is it an infraction to deprive a juvi of his telephone calls during detention?
No it’s a misdemeanor
29
When are juveniles required to consult with legal council?
Before any custodial interrogation or waver of Miranda rights (as of 2021)
30
Must school officials advise juveniles of their Miranda rights prior to questioning?
No
31
Can a parent or an attorney invoke Miranda rights for a juvenile?
No, the minor must do it himself
32
What standard of proof do school officials need in order to search minors on campus?
Reasonable Suspicion only (not PC)
33
What level of proof does a law enforcement officer need in order to search juveniles on campus?
Reasonable Suspicion only (not PC)
34
Is RS required in order to detain students on campus for LE officers and school officials?
No, as long as detentions are not capricious and used for harassment
35
Is it acceptable for a school official to search a student on RS that he has violated a campus rule (as opposed to a state law)?
Yes
36
Searching a student’s person on campus, as opposed to lockers or backpacks, requires what in addition to RS?
Additional justification and cannot be “excessively intrusive”
37
Generally, the permissible scope of a search of a student on campus is based on what?
The nature of the danger presented and the degree of suspicion that evidence will be found
(LSB ch. 14, IV, E. 3)
38
Would it be reasonable to search a student for weapons on campus, without suspicion, just because he left campus during lunch and then returned?
Yes
39
Do LE officers need to be summoned onto campus in order to exercise their authority there?
No, they can enter onto a campus at will
40
What are the elements for Threatening School or Public Officers P. C. 71?
• reasonable threat to school official or security officer to prevent them from carrying out their lawful duties
• “directly communicated” includes telephone, telegraph or letter
• FELONY OR MISDEMEANOR
41
What are the elements of Trespass in Public Buildings, P. C. 602 (q)?
• refusing to leave when asked during hours when normally closed to the public
• no reasonable business at the location
• MISDEMEANOR
42
What are the elements of Loitering About Schools or Public Places, P. C. 653b?
• lingering without lawful business (at or near any school or public place where children normally congregate, or re-entering the place within 72 hours after being asked to leave
• must show intent to commit a crime (not merely trespassing)
• MISDEMEANOR
43
Who is considered a school “outsider” for legal purposes?
Anyone who is not a student (unless suspended), parent or guardian, officer or employee of school district, public employee requested by the school, an elected public official
44
When do “school hours” extend?
One hour before the start of classes until one hour after classes end
45
What is a school “outsider” supposed to do in order to be approved to remain on campus?
Go expeditiously to the principal for registration, by following the signs posted, P. C. 627.2
46
If a school “outsider” does not comply with registration and is asked to leave the grounds and refuses, what can he be charged with?
MISDEMEANOR, P. C. 627.7
47
How long must a school “outsider” remain off campus when asked to leave?
7 days (P. C. 627.7)
48
What are the only grounds for denying registration to a school “outsider”?
• reasonable basis for concluding they will disrupt the school;
• damage property
• distribution or use of controlled substances
49
What and where are signs to be posted for school outsider registration?
• at every school entrance
• location of principal’s office and route to be taken
• hours of registration
(P. C. 627.6)
50
True or false: a principal or his designee of a school has the right to order a person to leave the grounds if he believes they will be disruptive?
True, E. C. 32211
51
Threatened Disruption or Interference with Classes; Request to Depart, E. C. 32211…if a person does not leave promptly or returns within 48 hours, what is the level of crime?
MISDEMEANOR
52
What are the elements of Willful Interference with Classroom Conduct,
E. C. 44810?
• any person 17 or older
• entering campus to disrupt or damage property or cause bodily injury, etc.
• includes parent or guardian
• MISDEMEANOR
53
If a student or employee has been suspended from the school campus, under what conditions is it unlawful for them to return, P. C. 626.2?
• after a hearing
• person must be served (written notice) by registered or certified mail
• MISDEMEANOR
54
If consent to remain on campus of a college or public school is withdrawn and the person does not leave, what level is the crime?
MISDEMEANOR
55
Regarding Disruptive Presence at Schools violations, are there different statutes for different schools?
Yes, one statute for colleges (P. C. 626.6) and another statute for pre-school through 12th grade (P. C. 626.8)
• MISDEMEANOR
56
True or false: a Threat to School or Public Officers (P. C. 71) refers to a threat that reasonably appears to the victim that it could be carried out?
True
57
When on a school campus, for purposes of P. C. 148 Obstructing, Resisting, Delaying Public Officer, is a school security officer considered a public officer?
Yes (LSB, ch. 14, sec. V/C. 1)
58
What are the elements of Disturbance of Assembly,
P. C. 403?
• anyone without lawful authority
• disturbs or breaks up an otherwise lawful assembly (not religious or electoral assembly)
• MISDEMEANOR
59
What are the elements of Inciting a Riot, P. C. 404.6?
• anyone who does an act or engages in behavior that urges a riot and urges others to commit acts of force or violence or destruction of property
• with clear and present danger
• MISDEMEANOR
60
Is it illegal to challenge someone to a fight in public?
Yes, P. C. 415, MISDEMEANOR
61
If a student of a school challenges another student to a fight, is that a violation of P. C. 415?
No, it does not apply to a registered student of a school on campus
62
What are the elements for charging a person with P. C. 415 when they are only causing a noise disturbance (no threats or violence)?
malicious and willful disturbance by loud and unreasonable noise
• MISDEMEANOR
63
What are the elements of Refusing to Disperse, P. C. 416?
• two or more persons assembled for disturbing the public peace or committing an unlawful act
• not dispersing after ordered by public officer
• MISDEMEANOR
64
What are the elements of Obstructing Public Places, P. C. 647c?
• willful and malicious obstructing free movement
• any public street, sidewalk, or any place open to the public
• MISDEMEANOR
65
What is truancy (E. C. 48260)?
• any pupil subject to compulsory full-time education or continuation education
• absent three full days in a school year, or tardy for any 30-minute period during the school day on three occasions during the school year
• without a valid excuse
66
What is a “habitual truant”?
A student reported truant three or more times in one school year
67
What is a “chronic truant”?
A student absent for ten percent or more of the school days per school year, without a valid excuse
68
What elements are needed to arrest a minor for truancy?
• any minor truant found away from his home and absent from school
• during school hours
• without a valid excuse
69
Is it lawful for a peace officer to detain a minor for a violation of compulsory school attendance laws?
Yes, upon reasonable suspicion
70
If you take a truant into temporary custody, can his person and belongings be searched?
Yes, incident to a custodial arrest (temporary custody is considered a custodial arrest)
71
If you arrest a truant, you must deliver him to where?
• parent or guardian, or
• the minor’s school, or
• designated nonsecure youth center for counseling, or
• school counselor located at a police station
72
If you arrest a truant, to whom must it be reported?
School authorities or school district AND the parents of the minor
73
Generally, a weapon on a school campus would be covered under which law?
• Injurious Object, E. C. 49330 (switchblades, BB guns, ammo, magazines, cane swords, etc.)
• P. C. 626.10 (dirk/dagger, pen knife, etc.)
• FELONY OR MISDEMEANOR
74
What are the two exceptions to possessing a firearm within a school zone?
• place of residence, business, or on private property
• concealable firearm unloaded in a locked container or in a locked trunk of a motor vehicle
• must be otherwise lawful
75
Are teachers and other school employees allowed to use physical force on pupils in order to maintain order in their schools?
Yes, E. C. 44807
76
What kind of physical force can teachers use on pupils at a school for discipline?
The same amount a parent would have in the discipline of his child, but not to exceed that which is reasonable in order to maintain order and protect life and property and an environment conducive to learning
77
Are teachers obligated to maintain order on campus, even if that means using reasonable force?
Yes, it is the law (E. C. 44807)
78
Is it a crime for a parent to disrupt classroom work at their child’s school?
Yes, a MISDEMEANOR (E. C. 44811)
79
Regarding P. C. 243.5 (arrest for assault or battery on school grounds not committed in your presence), what kind of school is it referring to?
Generally, public schools K-12; but several additional kinds
80
If an assault or battery not committed in your presence occurs on a community college campus, can an arrest be made?
Yes, P. C. 243.5
81
If an assault or battery, not committed in your presence, occurs on a university campus, can an arrest be made?
No, universities are not part of the definition of “school” in P. C. 243.5
82
Do adult continuation schools, technical schools and regional occupation centers qualify as schools under P. C. 243.5?
Yes
83
Do Cal State Universities qualify as schools under P. C. 243.5?
No
84
What level is possession of marijuana on a school campus my a minor?
INFRACTION, 11357 (d) H. S.
85
What level of crime is possession of marijuana on a school campus by an adult?
MISDEMEANOR
86
Is it legal to smoke marijuana within 1,000 feet of a school or daycare center while children are present?
No, INFRACTION
87
It is a MISDEMEANOR to dispose of a hypodermic needle or syringe upon the grounds of any…?
School, playground, beach or park,
B & P 4147
88
What crimes are schools required to report to law enforcement?
ADW, narcotics, alcohol, firearms and other dangerous weapons, assault or threat to school employee by any pupil, E. C. 44014
89
Does the term “child abuse” include a mutual fight between minors?
No
90
What categories are included under child abuse?
Neglect/endangerment, physical, mental, sexual abuse
91
Regarding mental abuse of a child, what is the important element?
“unjustifiable mental suffering”, 273a P. C.
92
True or false: peace officers are mandated reporters of child abuse only when having RS of a crime AND when in the normal course of duties (“on duty”)?
True (LSB, ch. 14, VI/A.3.a)
93
Does a minor being pregnant, in itself, constitute reasonable suspicion of child sexual abuse?
No [11166 (a)(1) P. C.]
94
The doctor-patient and psychotherapist-patient privilege does not apply when reporting what?
Child abuse under the Child Abuse Reporting Law, 11164-11174.3 P. C.
95
Is parental consent required for a doctor or dentist to take x-rays for the purpose of diagnosing child abuse?
No
96
Is a mandated reporter of child abuse required to obtain parental consent in order to take photographs of evidence of child abuse?
No
97
What is the Child Abuse and Neglect Reporting Act section?
11164 P. C.
98
Are all police and sheriff’s agencies considered “Child Protective Agencies”?
Yes
99
When is it illegal to give alcohol to your child or his friend in your own home, 25658.2 B&P?
• under 18 years old
• BAC of .05 or higher
• parent knowingly permits minor to drive, AND,
• minor causes a traffic collision
(applies also to controlled substance)
• MISDEMEANOR
100
Generally, is it illegal to furnish alcohol to anyone under the age of 21?
Yes, 25658 B&P
(MISDEMEANOR)
101
What is the level of crime for a person who furnishes alcohol to someone under 21, and the minor then causes proximate GBI or death to himself or another?
MISDEMEANOR, 25658 (c) B&P
102
Under what conditions is a minor emancipated?
• enters into a valid marriage (requires parental approval or a superior court order), even if it ends in dissolution
• is on active military duty
• receives a declaration of emancipation from a superior court
103
In order to petition a declaration of emancipation from a superior court, what conditions must be met?
• at least 14 years old
• willingly living apart from parents at the acquiescence of the parents
• managing his own LAWFUL financial affairs
104
Can child abuse victims’ names and addresses be disclosed to the public?
No
105
Are child abuse cases deferrable?
No
106
If a child is taken into protective custody, what form must be filled out?
Arrested Person’s Child and Protective Custody form (SH-R-625)
107
When is a booking number obtained for a child taken into protective custody?
Never
108
Per policy, at what ages can a deputy of either sex physically examine a child for evidence of child abuse?
3 years old or younger
109
If a juvenile is 4 years old or older, who must physically examine a child for evidence of child abuse?
A deputy of the same sex or medical personnel
110
True or false: in child abuse investigations, per policy all children residing in the home shall be examined?
True
111
Should a deputy consider having a witness present when examining a child for physical abuse?
Yes
112
When interviewing a child at school regarding child abuse, does the child have a right to have a staff adult member present?
Yes
113
In a child abuse report, names and DOB of whom must be documented?
Siblings and all persons residing at the location
114
When clearing a non-criminal SCAR, must names and DOB of all persons residing at the location be documented?
Yes
115
When another person is present during the interview of a child during a child abuse investigation, what must be documented?
The person’s name
116
Is it a crime to point a laser pointer at someone in a threatening manner?
Yes, MISDEMEANOR or INFRACTION
117
When must a firearm be reported stolen to law enforcement?
Within 5 days of discovery
118
What level of crime is it to brandish a firearm at an occupant of a moving vehicle, 417.3 P. C.?
FELONY, must be a moving vehicle
119
What level of crime is Negligent Discharge of Firearm, 246.3 P. C.?
WOBBLER
120
Is it possible for a BB gun to be fired in a negligent manner?
Yes, MISDEMEANOR, P. C. 246.3
121
Are drug addicts allowed to possess firearms?
No, FELONY, P. C. 29800
122
Are felons allowed to possess firearms?
No, FELONY, P. C. 29800
123
Can persons admitted to a mental health facility as a danger to self or others possess firearms?
No, WIC 8103
124
What level of crime is it for a person in possession of a firearm and a controlled substance at the same time?
FELONY, 11370.1 H. S.
125
True or false: it is always a crime for a juvenile to possess a firearm?
True, beginning July 1, 2023
126
What places can a person over 18 carry a concealable firearm without a license?
Residence, place of business, or his other private property
127
Is it legal to carry a firearm in a vehicle?
Yes, when unloaded and carried in a locked container
128
Can an unloaded firearm legally be locked in a trunk of a car?
Yes, a locked trunk qualifies as a locked container
129
Is it LEGAL to transport an unloaded firearm outside of a vehicle in a locked container?
Yes
130
Generally, what is the level of crime for possession of a loaded firearm in a public place?
MISDEMEANOR
131
Can a person carry an exposed, unloaded handgun in public?
No, MISDEMEANOR
132
Is it LEGAL to carry an unloaded long gun in public?
Not when outside of a vehicle
133
Per policy, can a sexual assault suspect be forced to submit to a medical examination without a warrant?
No (5-09/350.05)
134
When is the cutoff time for a SART exam?
5 days after the assault (5-09/350.05)
135
True or false: in a commercial location of a bomb threat, it is the victim’s decision whether to conduct a search for the alleged bomb?
True (5-06/080.00)
136
If a victim of a bomb threat does not desire a search to be conducted, what should the handling deputy do?
Write an SH-R-49 and take no further action (5-06/080.00)
137
Can canines be used for crowd control?
No (FOD 86-037)
138
Canine deployments shall be limited to what situations?
• Felony suspects and armed misdemeanor suspects wanted for serious crimes
• adult GTA suspects (driver only)
139
Can bloodhounds be used to search for explosives?
No, they’re only trained to find people
140
What are bloodhounds generally used to search for?
Missing persons
141
True or false: once a person’s scent dissipates from the air, it is lost?
False, it settles to the ground and is easily located by a bloodhound in a gentle breeze (FOD 86-037)
142
True or false: heat causes a person’s scent to dissipate rapidly (for purposes of using a bloodhound)?
True
143
When should a vehicle be IMPOUNDED (“held”)?
When needed for evidence purposes
144
True or false: a STORED vehicle can be released at any time to the R/O, or authorized agent, as long as the fees are paid?
True
145
If no PC exists for a private person’s arrest, are deputies compelled to accept the suspect?
No (FOD 02-006)
146
If PC does not exist for a private person’s arrest, what should the deputy do?
Do not accept custody of the suspect; log entry only
147
When taking custody of a private person’s arrest suspect, what must the private person do?
• complete a Private Person’s Arrest form (SH-CR-202-Rev. 10/09)
• sign the 9-line in space entitled “NAME OF ARRESTING OFFICER”
148
How long does a “Fraud Alert” remain on credit bureau accounts?
90 days unless accompanied by a police report
149
Are deputies required to advise victims of identity theft to place a “Fraud Alert” on the three credit bureau accounts?
Yes (FOD 00-001)
150
In addition to a “Fraud Alert”, what is a deputy required to inform a victim of identity theft?
That they are entitled to a free credit report from all three agencies and to review each report because not all reports may contain the same info
151
Are deputies required to reference other reports an identity theft victim has made with other agencies?
Yes
152
What pamphlet must be issued to a victim of identity theft?
Victim’s Guide to Identity Theft (Department issued)
153
What law gives peace officers authority to impound a vehicle?
14602.6 (a)(1) C. V. C.
154
What law gives peace officers authority to store a vehicle?
22651 (p) C. V. C.
155
True or false: a vehicle can be impounded for 1 day or 30 days, or longer?
True
156
If a driver is arrested who is not the
R/O, shall the vehicle be towed?
Yes (FOD 19-002)
157
If a package or letter contains a written biohazard threat AND/OR suspicious powder, what steps should be followed?
• notify HazMat Detail
• evacuate and contain the area, isolating the package
• turn off HVAC system
158
What report should be written for a letter containing a suspicious powder?
SH-R-49, WMD stat code 154
159
If a letter or package is unopened and determined to be suspicious, when should patrol personnel open it?
Never, contact Arson Explosives Detail
160
When encountering a possible bio-hazard in a letter or package, must deputies necessarily evacuate a whole building?
No, often only a room or floor will suffice
161
If a biohazard threat is determined not to be credible, should a 49 still be written?
Yes
162
What PC section and stat code should be used for a biohazard threat?
P. C. 11418.5 (a) ‘WMD Threats’ and WMD stat code 154
163
If a biohazard threat is made from a nearby pay phone, should the phone be secured and a prints request made?
Yes (FOD 01-014)
164
If the handling unit feels a biohazard threat is legitimate, who should be contacted?
HazMat
165
A telephonic biohazard threat should be handled in a similar manner as what?
A telephonic bomb threat
166
If a victim desires a search to be conducted for a bomb, who shall conduct the search?
Personnel from the victim’s location
167
True or false: field personnel should never assume responsibility for an unassisted bomb search?
True (5-06/080.05)
168
True or false: only after a thorough bomb search has been conducted can field personnel issue a statement that no bombs are present?
False, no such statement shall be made no matter how thorough the search (5-06/080.05)
169
During a bomb threat, field personnel shall not order an evacuation unless what?
Unless a real or suspected bomb is found
170
What is the minimum evacuation distance for a bomb?
300 feet
171
In a multi-story building, what is the minimum evacuation distance for a bomb?
Floors immediately above and below the device
172
When will Arson Explosives Detail dispatch a detection dog to bomb threat locations?
Only when a device is found, or the scene of an explosion to search for a secondary device
173
Under what circumstances may a bomb detection dog be dispatched?
In situations such as a VIP sweep, bomb threat to an airliner, train or bus
174
True or false: in a bomb threat situation, do not make radio transmissions within 600 feet of the device?
False, 300 feet
175
During a bomb threat, who must be notified?
• Arson Explosives Detail immediately
• station desk to notify watch commander
• fire department
• SHB
176
During a bomb threat, news media should be directed to whom?
SHB representative
177
When can the press be allowed a “walk-through” during a bomb threat situation?
When the scene has been cleared by Arson Explosives Detail
178
What observations must be made when responding to a 415E call?
• noise level at the street and neighboring houses
• size and location of crowd
• age group of participants
• observable violations of law
• behavioral condition of participants
• size of facility to accommodate number of participants
• time of day and day of week
• parking and traffic considerations
179
Who is to be contacted at a 415E call?
The host
180
When should a contact be recorded when responding to a 415E call?
Upon the second response to the location (when talking to the host)
181
When responding to a 415E call, should the contact with the complainant be recorded?
Yes, on all subsequent returns to the location
182
Should deputies encourage a private person’s arrest on a 415E call?
No, due to hostilities
183
If the complaining party of a 415E call insists on making a private person’s arrest, what must be done?
Deputies must determine if probable cause exists; if so, deputies shall take custody of arrested person(s)
(FOD 07-002)
184
True or false: it is a violation of the 4th amendment to take custody of an individual, pursuant to a private person’s arrest, when no probable cause exists?
True
185
Is it a crime for police to refuse a private person’s arrest, even when no probable cause exists for the arrest?
No, P. C. 142 does not apply to private person’s arrests
186
How should a deputy determine whether to accept custody of a suspect during a private person’s arrest?
He must determine if PC exists for the arrest before accepting custody of the individual (FOD 02-006)
187
True or false: if there is not adequate PC for a private person’s arrest, deputies MAY take custody of the suspect anyway?
False, do not accept custody
(FOD 02-006)
188
During a private person’s arrest of a juvenile, are deputies required to advise them of their constitutional rights at the time they accept them into custody?
Yes, they “shall advise”
(FOD 02-006)
189
Are deputies obligated to take custody of a private person’s arrest during a 415E call?
Yes, but only on subsequent responses (FOD 07-002)
190
In cases where a magistrate refuses to grant a search or arrest warrant for a party disturbance, what must happen?
Deputies must allow the party to continue
191
On a 415E call where the complaining party insists on a private person’s arrest, how do deputies legally enter the location in order to arrest the suspect?
• consent
• probation, parole, etc.
• imminent danger to life or property
• destruction of evidence
• imminent escape of suspect
• warrant
192
Can L. A. County Ordinances be utilized in all areas of L. A. County?
No, only in unincorporated areas and within incorporated cities which have adopted the Ordinances (FOD 07-002)
193
Can a Loud Party Disturbance Violation Notice (SH-CR-623) be issued to the host of a loud party on the first response to an incident?
Only within the unincorporated areas
194
When deputies detain and cite a juvenile for truancy, what must be written on the citation?
• “must bring one parent”—left margin
• name of school—right margin
(FOD 96-004)
195
Can a juvenile be cited and released in the field for truancy?
Yes; deputies may also release them to school officials
196
What kind of law is the truancy law?
L. A. County Ordinance, 13.13.57
(FOD 96-004)
197
What is the primary means of disseminating info on California’s registered sex offenders?
The Megan’s Law website
198
If two parents agree on a child custody court order, is that sufficient to establish the terms of custody or visitation?
Generally yes (5-02/160.00)
199
Prior to taking action regarding a court order, must the validity of the order be established?
Yes (5-02/160.00)
200
When in doubt regarding child custody terms and court orders, what should be done?
Take a report documenting the claims of each party
201
Is it advisable to take a report when in doubt about the terms of out-of-state child custody court orders?
Yes (5-02/160.00)
202
True or false: out-of-state child custody court orders are usually civil orders?
True (5-02/160.20)
203
What three things must be verified when dealing with court orders?
• are there conflicting orders?
• is the order valid?
• is there proof of service?
204
What is the most important factor when dealing with child custody disputes?
The welfare of the child
205
In child custody disputes where it is likely the child has been unlawfully removed from an out-of-state court jurisdiction, what shall be done?
Place the child in protective custody (DCFS) pursuant to 279.6 P. C.
206
In child custody disputes where it is likely that the child will be unlawfully removed from a California court jurisdiction, what shall be done?
Place child in protective custody (DCFS) pursuant to 279.6 P. C.
207
If there is NO evidence of physical or sexual abuse in a child custody dispute, but the child is placed in DCFS custody (due to unlawfully being removed out of court jurisdiction), should the child be detained pursuant to 300 WIC?
No (5-02/160.20)
208
Do not arrest a suspected violator of a child custody order unless what?
The deputy has verified that the person to be arrested has been served with the order (5-02/160.20)
209
True or false: the validity of an out-of-state court order should be established by telephoning the court of issuance?
True
210
A copy of an out-of-state child custody court order should have what two characteristics?
• should be a certified copy
• signed by a judge from a court of competent jurisdiction
211
Are child custody orders issued from conciliation courts enforceable?
No, those orders are only contracts
212
If more than one child custody court order exists, which one is valid?
The most recent one
213
True or false: per policy, an arrest for 278.5 P. C. in a child custody dispute should be considered as a last resort?
True (5-02/160.20)
214
What is the penal code section to arrest a violator of a child custody court order?
278.5 P. C.
215
In a domestic dispute, where should a deputy obtain information on a TRO?
Contact their station, one should be on file
216
Before making an arrest for a violation of a TRO, what must be verified?
• the copy must have a file stamp of the issuing court
• dates of the order
• proof of service
217
True or false: a violation of any court order/TRO is a misdemeanor and an arrestable offense under section 273.6 P. C. whether or not committed in the presence of the deputy?
True (5-09/040.10)
218
True or false: when in doubt about the validity of court documents in a domestic dispute situation, it is best to make an arrest for a violation of a court order?
False, the deputy should NOT arrest (5-09/040.10)
219
Is a deputy required to wait in order to release a vehicle to another driver when the current driver has been arrested?
No (FOD 19-002)
220
True or false: if the driver of a vehicle who is NOT the R/O is arrested, the vehicle shall be stored or impounded?
True (FOD 19-002)
221
Normally, are rental vehicles to be stored or impounded?
Stored (FOD 19-002)
222
Must a report still be written if the restrained person of a TRO at the scene of a domestic dispute, who has not been served, complies with the order and leaves the location without incident?
Yes (5-09/040.10)
223
If proof of service of a TRO is not on file, what must be done once a deputy admonishes a suspect of the TRO?
The deputy must advise the station where the TRO is on file in order to update it showing the suspect was advised of the TRO
(5-09/040.10)
224
When SHALL an arrest be made at the scene of a domestic dispute where there is a possible violation of a TRO?
Only when:
• victim has a valid copy of the TRO with a file stamp of issuing court
• the dates are valid
• restrained person has been served
(5-09/040.10)
225
If a TRO is located at another police agency, what must be done prior to booking the suspect?
Either a copy must be obtained from the agency, or an abstract of the TRO
(5-09/040.10)
226
If an abstract of a TRO was obtained in order to book a suspect, but the actual copy was not obtained, what must be done prior to filing the complaint?
A copy shall be obtained prior to filing the complaint
(5-09/040.10)
227
A valid copy of a TRO will contain what?
It will bear a file stamp from the issuing court
228
What details are required in a TRO report?
• suspect’s name who was admonished
• specific terms of the order the suspect violated
• name of advising deputy
• note a special request distribution at the end of the report, listing the court that issued the TRO
229
In a labor dispute situation, is 602
P. C. a useful means to resolve violations?
No, trespassing provisions are clouded in labor dispute situations
(5-09/040.15)
230
What two ways can a plaintiff seek remedy for a TRO violation in a labor dispute?
• contempt of court proceedings
• enforcement of 166 (4) P. C.
231
What must be done prior to taking any enforcement action at the scene of a labor dispute?
• contact a field supervisor
• contact an EOB, Industrial Relations Detail representative by telephone
(5-09/040.15)
232
Is hand billing a lawful activity in labor disputes?
Yes, unless specifically forbidden by court order
233
If a deputy wants to enforce a 602 P. C. violation at the scene of a labor dispute, what must be done prior?
• consult with a field supervisor, and,
• consult with an EOB, Industrial Relations Detail representative immediately by telephone
(5-09/040.15)
234
At the scene of domestic dispute where the complainant does not have all the required information regarding a TRO, what should be written in the report?
Document as much as possible and advise the complainant to contact station detectives when the proper info is obtained
235
What is a conditional sales contract?
It is an agreement to buy something on credit, while the title remains with the seller until the item is paid in full
236
During a repossession, what is the purpose of having a peace officer present?
only to keep the peace
237
Is it true that the Supreme Court has ruled that a notice and hearing are required before a seller can repossess property?
Yes (LSB, ch. 15/VI. A. 2.)
238
How are sellers legally able to repossess property without first having a hearing and giving notice to the buyer in default?
Because usually buyers agree to waive their right to notice and hearing at the time they enter into the sales contract
239
Are waivers of right to a notice and hearing prior to repossession legal when entering into a sales contract?
Yes
240
Do buyers have a legal right to “protest” a repossession?
Yes
241
How can a buyer “protest” a repossession?
Either verbally or by conduct
242
True or false: if a seller has to “breach the peace” in order to overcome a buyer who is protesting a repossession, the seller is not allowed to repossess the item?
True
243
When must a buyer begin protesting a repossession?
BEFORE the seller takes possession of the item
244
Can a buyer’s spouse legally object to a repossession?
Yes
245
For vehicles, when does a repossessor legally have possession of the vehicle?
When he gains entry to the vehicle OR when it becomes connected to a tow truck
246
Is a buyer allowed to retain personal property inside a vehicle during a repossession?
Yes, as long as it is not an integral part of the vehicle (i. e. after-market stereo)
247
Is a seller responsible for unattached property contained in a repossession item?
Yes, it must be returned to the buyer on demand
248
How can a buyer go about recovering his personal property taken during a repossession?
He must make a civil claim
249
Can a buyer recover attached personal property of a repossession at a later time?
Yes, he may demand a receipt
250
If a buyer allows someone to use his property, and during that time a repossession occurs, does the third-party have the ability to object to the repossession?
Yes, he retains all the rights of the buyer
251
Can a repossessor enter a building or enclosure without permission in order to effect a repossession?
No
252
Can a repossessor take property from a driveway or a porch without permission?
Yes
253
What three groups may repossess property?
• seller
• bank or finance company
• private repossessors
254
In order to legally repossess items, who needs a state license?
Only private repossessors are required to have a state license to do repossessions
255
Who in a seller’s group is able to effect a repossession?
Any full-time employee (not part-time)
256
Who in a bank’s group is able to effect a repossession?
Only full-time employees
257
True or false: peace officers can give legal advice during repossessions?
False
258
Can a repossessor break a lock on a garage in order to repossess an item?
No
259
If a repossessor has NOT gained possession of an item before the buyer objects, what should police do?
Advise the seller to take civil action against the buyer
260
Is a landlord allowed to lock a tenant out of his home in order to force him to move out?
No
261
Can a landlord seize or trespass onto a tenant’s property in order force him to move out?
No
262
How is a landlord supposed to force a tenant to move out?
Bring an “unlawful detainer” action to have him legally evicted
263
When can a landlord take physical possession of a tenant’s property?
Only with a court order
264
If a landlord has a copy of a lease agreement stating that he can take possession of a tenant’s property, is that legal?
Only if he also has a court order
265
When can a landlord legally enter a tenant’s property without permission?
When reasonable, for example to fix a leaking pipe or investigate smoke
266
Can a landlord interrupt a tenant’s utilities in order to force him to move out?
No
267
If an owner allows someone to stay at his house for free (for nothing in return), what is required in order to make the guest leave?
No legal proceeding is required; the owner only has to tell the guest to leave; if he does not leave, it is a trespass
268
How long must a switchblade be in order to be illegal?
Blade must be two or more inches long
269
Is a butterfly knife considered a switchblade?
Yes
270
If a switchblade is not carried on the person but stored on a shelf, is it still illegal?
No, it must be carried upon the person
271
Is it illegal to sell a switchblade knife?
Yes, MISDEMEANOR
272
Is it illegal to carry a switchblade upon one’s person within his own home?
Yes, MISDEMEANOR
273
What level of crime is carrying a switchblade upon one’s person?
MISDEMEANOR
274
When clearing a non-criminal SCAR, names and DOBs of who must be documented?
All persons residing at the residence
275
If the victim (commercial location) of a bomb threat/suspicious package does not desire a search and no device is found, what should the handling unit do?
Initiate an SH-R-49 and take no further action (MPP 5-06/080.00)
276
True or false: the handling unit on a bomb threat incident shall initiate an SH-R-49 even if no device is found and the victim is not desirous of a search?
False, “SHOULD initiate” and take no further action (MPP 5-06/080.00)
