Procedure 4 Flashcards by Richard Pekrins

4.01 STOP/DETENTION AND PAT DOWN PROCEDURES

Contacts that do not lead to enforcement action may be documented on the Officer’s Daily Journal, ______________.

at the officer’s discretion

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4.01 STOP/DETENTION AND PAT DOWN PROCEDURES

What is common court terminology for reasonable suspicion?

“Criminal activity is afoot”

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4.02 EYEWITNESS IDENTIFICATION

A suspect may waive the right to an attorney at the line-up, but it must be done how?

freely, intelligently, and in writing.

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4.02 EYEWITNESS IDENTIFICATION

Can the defendants attorney be permitted to observe the procedure?

Yes he shall, but not to control or obstruct the procedure.

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4.02 EYEWITNESS IDENTIFICATION

May the attorney speak with any witnesses after the line up?

Yes, but only if the witness agrees to speak with the attorney.

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4.02 EYEWITNESS IDENTIFICATION

All line-ups should consist of at least how many persons?

four persons in addition to the suspect

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4.02 EYEWITNESS IDENTIFICATION

True or False

Except in very rare instances, photographic line-ups should be conducted by investigative personnel only.

True

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4.02 EYEWITNESS IDENTIFICATION

There should be at least how many photographs?

four, in addition to the suspect’s photograph

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4.02 EYEWITNESS IDENTIFICATION

Can case agents present the sequential photo line-up(s)?

yes

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4.02 EYEWITNESS IDENTIFICATION

True or False

Even if an identification is made, do not continue showing all of the remaining photos in the line-up.

False

Even if an identification is made, continue showing all of the remaining photos in the line-up.

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4.02 EYEWITNESS IDENTIFICATION

How many times should a sequential line-up be shown?

once,

do not repeat a second showing unless asked to do so by the witness.

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4.02 EYEWITNESS IDENTIFICATION

Only show the sequential line-up ______ times.

two

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4.02 EYEWITNESS IDENTIFICATION

What are the three exceptions where you would bring the suspect to the victim?

PC to arrest
consent
Impracticality
a. The Witness is Injured
b. Availability of Officers is Limited

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4.03 ADMONITION PROCEDURES

If the suspect is a juvenile, what alone will require an advisement of his or her rights; regardless of whether or not they are interviewed (refer to Welfare and Institutions Code, Section 625)?

custody

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4.03 ADMONITION PROCEDURES

A felony suspect in custody should not be warned of his or her rights (except juveniles) and a waiver solicited unless an interrogation is to __________________ or in the very near future. Conversely, Interrogation should commence, ____________________, following a warning and waiver.

follow immediately

without any significant delay

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4.03 ADMONITION PROCEDURES

If, after invoking the right to silence or counsel, the individual changes their mind and freely indicates that they now wish to speak, what shoud be done?

the individual should be re-admonished and be allowed to speak and be questioned.

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4.04 DOMESTIC VIOLENCE

A physical arrest _______ be made when there is probable cause to believe that a felony has occurred.

shall

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4.04 DOMESTIC VIOLENCE

A physical arrest of a suspect ________ be made if a misdemeanor has occurred in the officer’s presence.

shall

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4.04 DOMESTIC VIOLENCE

PC 836(c) provides that officers __________ make an arrest and take a suspect into custody, without a warrant, for a misdemeanor DV Protective or Restraining Order violation, whether or not the violation occurred in the officer’s presence, when probable cause exists that the suspect has notice of the order and has violated the order.

shall

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4.04 DOMESTIC VIOLENCE

True or False

Once a suspect is arrested, officers WILL NOT issue misdemeanor citations due to the volatile nature of domestic violence.

True

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4.04 DOMESTIC VIOLENCE

If a situation arises where it becomes necessary to release a suspect with a misdemeanor citation, who must be contacted?

a field supervisor must be contacted and must approve the issuance

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4.04 DOMESTIC VIOLENCE

The weapon shall be held at least how long?

48 hours

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4.04 DOMESTIC VIOLENCE

CDs from cases for which a suspect is in custody _______ be placed in the secured box prior to the end of shift

SHALL

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4.05 PROTECTIVE ORDERS

An “Orders to Show Cause” is valid how long?

10 to 21 days pending a formal hearing

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4.05 PROTECTIVE ORDERS The Order After Hearing will state on its face the expiration date of the order, typically lasts how long from the date of issuance?

three years

4.05 PROTECTIVE ORDERS The court may order a permanent restraining order remain in effect for up to how long?

five years

4.05 PROTECTIVE ORDERS If the Sheriff’s Office cannot verify the order, may it still be enforceable?

yes *If the responding officer believes in good faith that an order presented to him or her at the scene is valid and the suspect was on notice (referring to questions “2” through “6”), a private person’s arrest may be made even though the Sheriff’s Office was not provided a copy to enter into CLETS.*

4.05 PROTECTIVE ORDERS If a physical arrest is made, and the suspect is going to be transported to jail, the officer will do what?

pick up a copy of the order at the Sheriff’s Office prior to booking approval by the Watch Commander. *Officers will submit the copy obtained to the Domestic Violence Unit through interoffice mail, MS759.*

4.05 PROTECTIVE ORDERS The reports should include the name and ID number of the Sheriff’s deputy who did what?

provided information over the telephone.

4.05 PROTECTIVE ORDERS Shall an EPO be issued based solely on an allegation of financial abuse of an elder or dependent adult?

4.05 PROTECTIVE ORDERS The officer requesting the EPO shall carry copies of the order till when?

while on duty until the end of their shift (mandated by Family Code, section 6273).

4.08 NOTIFY WARRANT PROCEDURES May Traffic citation forms be used to request notify warrants?

No, the may not be used

4.09 LOUD PARTIES – LAWS AND PROCEDURES In most cases, what should be issued before enforcement action is taken since a violation of PC section 415(2) requires persons to know that their conduct is disturbing others.

a First Response notice

4.09 LOUD PARTIES – LAWS AND PROCEDURES If the Department receives information in advance that a large party will be held and there is reason to believe that problems will arise from it, a patrol supervisor will take what action?

contact the party host, preferably in person.

4.09 LOUD PARTIES – LAWS AND PROCEDURES The patrol supervisor is to advise the party host of what?

the applicable laws; potential consequences of violations, including the impounding of property; and, the Department’s position with respect to the party.

4. 09 LOUD PARTIES – LAWS AND PROCEDURES 1. Officers should prepare what on responsible parties, including enough information for a notify warrant. 2. Copies of all forms must be given to who at the end of the shift?

An FI the field supervisor

4.09 LOUD PARTIES – LAWS AND PROCEDURES If more than one person is responsible, who will be given a First Response Notice?

all responsible persons

4.09 LOUD PARTIES – LAWS AND PROCEDURES After clearing the call, the officer issuing the notice(s) must contact a who and inform him or her of what?

field supervisor a First Response Notice has been issued

4.09 LOUD PARTIES – LAWS AND PROCEDURES The remaining two copies of the notice will be given to the supervisor, and the responsibility to monitor any recurrence of the disturbance will rest whom?

with that field supervisor.

4.09 LOUD PARTIES – LAWS AND PROCEDURES If a second response to the same party location is necessary [within in the 24 hours], the officer issuing the first notice, if possible, should return along with the \_\_\_\_\_\_\_\_\_.

field supervisor.

4.09 LOUD PARTIES – LAWS AND PROCEDURES If a supervisor is unable to respond to the disturbance with the original notice, a new notice can be completed and given to the responsible person(s). The Second Response Notice portion will then be filled out for a signature. Is a signature mandatory?

no it is NOT MANDATORY.

4.10 PROCEDURES RELATING TO REPOSSESSIONS The police role in all repossession matters shall be one of what? Police intervention and aid in the repossession may amount to state action.

preserving the peace _{Police intervention and aid in the repossession may amount to state action.}

4.10 PROCEDURES RELATING TO REPOSSESSIONS Officers have a duty to determine what during a repossession?

whether the repossessor has the lawful right to repossess.

4.10 PROCEDURES RELATING TO REPOSSESSIONS Officers may attempt to prevent or settle a confrontation to preserve the peace, but ______ take any action to facilitate the repossession.

may not

4.10 PROCEDURES RELATING TO REPOSSESSIONS Vehicle repossession is completed when?

the repossessor **gains entry** to the vehicle **or** when the vehicle is **hooked up to a tow truck**.

4.10 PROCEDURES RELATING TO REPOSSESSIONS 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.

4.10 PROCEDURES RELATING TO REPOSSESSIONS If the person in possession is not present, or if the person in possession is present but does not object and the repossessor is not in violation of any criminal law, the repossessor is ________ to proceed with the repossession.

allowed

4.10 PROCEDURES RELATING TO REPOSSESSIONS If the person in possession is present and objects to the repossession prior to the repossessor being in possession, the repossessor \_\_\_\_\_\_\_\_\_.

must leave

4.10 PROCEDURES RELATING TO REPOSSESSIONS If the person in possession is present and objects to the repossession prior to the repossessor being in possession, and the repossessor refuses to leave, this may amount to \_\_\_\_\_\_\_\_\_\_\_\_

criminal behavior

4.13 RETENTION/CUSTODY OF OFFICER NOTES, DOCUMENTS, AND OTHER EVIDENCE Department personnel shall return originals and destroy copies by shredding or placing them in a shred receptacle within ____________ days of completion of official duties.

three working

4.13 RETENTION/CUSTODY OF OFFICER NOTES, DOCUMENTS, AND OTHER EVIDENCE All relevant information (this includes exculpatory facts or statements) written in the notepad shall ___________________ transferred to an official police record.

be immediately

4.14 REPORTING CRIMES OCCURRING IN MEXICO Police Officers shall prepare a crime report for the following crime categories believed to have occurred in Mexico: A. B.

**A. Public Corruption** – including extortion, bribery, and theft by a public official, which includes police officers. **B. Violent Crimes** – including but not limited to rape, robbery, sexual assault, and assault with a deadly weapon.

4.14 REPORTING CRIMES OCCURRING IN MEXICO B. If the victim is reporting a crime of rape or sexual assault, the officer shall additionally:

Contact the on-call Sex Crimes Sergeant if a SART exam is required.

4.14 REPORTING CRIMES OCCURRING IN MEXICO In the event that a California resident had his/her vehicle stolen while in Baja California, Mexico, the victim needs to file a report with what agency?

the Baja California State Attorney General’s Office

4.14 REPORTING CRIMES OCCURRING IN MEXICO Who does a victim of a vehicle theft file a courtesy report with if the vehicle is stolen in Mexico? What are the requirements for filing a courtesy report for a stolen vehicle? a. b. c.

CHP a. Must be a resident of California; b. Vehicle must have been registered in California at the time of the theft; and, c. Must provide a copy of the Mexican stolen vehicle report.

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE To ensure the lawfulness of the search, supervisors are to be what?

actively involved anytime a building is searched pursuant to a parole or probation condition.

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE What searches require a Sergeant? Who will contact the Sergeant?

knock and talk searches, search warrants, parole or probation Fourth Amendment waiver searches that involve building entry and searches, or high-risk entries, The case agent.

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE What will be completed prior to any pre-planned knock and talk search, parole or probation search, high-risk entry, or search warrant service?

An Operation Plan (PD-1195)

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE Who will make the final determination as to whether the search will be conducted?

The sergeant

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE The assigned sergeant must be present throughout what searches to provide what? If the assigned sergeant is unavailable may another sergeant assume command of the operation?

knock and talk search, probation or parole search, search warrant service, or high-risk entry, supervision. yes, another sergeant may step in and assume command

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE In the event the search takes place within another agency’s jurisdiction, the sergeant will notify whom?

the appropriate law enforcement agency where the search is taking place prior to arriving at the location of the search.

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE A sergeant shall be present at all knock and talk searches and shall ensure that a minimum of _______ officers are present.

two

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE After contacting the occupants of a dwelling, officers or detectives should identify the person or persons who have control over the premises. A knock and talk search should not proceed without what? Officers or detectives should obtain what in all cases where it is possible?

proper consent or warrant written consent

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE Probation and parole searches are generally conducted between what hours?

0700 hours and 2200

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE Generally, probation and parole searches allow the search of what areas?

the subject’s personal property, property under the subject’s control and common areas of the subject’s residence.

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE The search of a probationer or parolee while they are visiting another person’s residence is limited to what areas? Can police enter the residence of a non-probationer for the sole purpose of conducting a Fourth Amendment waiver search without a warrant, exigent circumstances or permission?

to his or her person, his or her personal property and immediate area of control. they cannot

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE The case agent will present what to the supervisor, who will check it for accuracy and ensure it is valid? The supervisor in charge will do what before before approving the written operational plan.?

the signed search warrant read the entire search warrant

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE The case agent will complete a written operational plan, which the sergeant must approve prior to the warrant’s execution. The plan will include what in the event the warrant service becomes a critical incident?

emergency contingency plan and identify a command post location

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE Upon receiving approval, a team briefing will be conducted with who? Each team member must fully understand what? It will be the responsibility of who to brief the unit lieutenant regarding the operation?

all personnel involved the planned search and their role in the search the unit supervisor

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE Is a displayed badge sufficient identification if the situation requires forced entry?

No it is not

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE If forced entry is required, who shall decide if the entry should be attempted?

the supervisor

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE The entry will be made when the supervisor gives the order to enter unless what?

an emergency situation develops requiring immediate action.

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE The sergeant shall ensure that at least how many officers are present in each room as it is searched?

two

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE What facilitates documenting which personnel performed the search of each room?

floor plan sketch

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE May the supervisor alter these procedures when appropriate?

yes and will assume responsibility for doing so.

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE Planned forced entries provide an added level of risk to law enforcement officers. In an effort to mitigate this risk, a standardized assessment of each operation is necessary to ensure safety for all involved as outlined in what document?

the San Diego County Regional High-Risk Entry Checklist

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE The [San Diego County Regional High-Risk Entry] checklist is to be used when?

anytime a high- risk entry is anticipated.

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE Routine requests to assist outside agencies will be handled via whom?

a field supervisor

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE The supervisor will review the request to determine the scope of assistance needed and what other factors?

our current ability to provide the assistance based on staffing, availability and officer safety.

4.15 PROBATION, PAROLE, AND KNOCK AND TALK SEARCHES INCLUDING HIGH-RISK ENTRIES AND OUTSIDE ASSISTANCE An _______ will be present during any probation or parole search of a residence or building if __________ personnel are involved in the actual search.

SDPD sergeant SDPD