HPM 100.67

Question 1

What is the Mutual Aid Concept?

Answer 1

A planned cooperative effort between city, county, and state emergency response agencies to ensure consistent and efficient emergency services to each other in extraordinary situations.

Question 2

Who must approve the commitment of CHP resources for mutual aid?

Answer 2

The Commissioner or their designee.

Question 3

What remains in effect for CHP personnel committed to support local authorities?

Answer 3

All CHP policies and procedures, including the policy on carrying and using firearms.

Question 4

Who can request CHP assistance during a law enforcement job action?

Answer 4

The chief administrator or chief law enforcement official of the affected city or county.

Question 5

In non-traffic matters, who is the primary backup law enforcement agency?

Answer 5

The sheriff.

Question 6

When will CHP respond to a situation involving non-traffic matters?

Answer 6

After supervisory and administrative personnel of the affected law enforcement agency are committed to the fullest extent practical.

Question 7

What types of situations will CHP response be limited to?

Answer 7

Life-saving or property-protection situations.

Question 8

What is the policy of CHP regarding national parks under exclusive jurisdiction?

Answer 8

The Department will continue its no assistance position in national parks held under exclusive jurisdiction.

Question 9

What must local agencies do to request supplemental law enforcement assistance from CHP?

Answer 9

Follow the same steps contained in the mutual aid process.

Question 10

Who convenes a planning session when the Governor’s Office requests CHP assistance?

Answer 10

The Commissioner’s Office.

Question 11

What is the duration limit for traffic law enforcement services provided by CHP to newly incorporated cities?

Answer 11

12 months from the date of incorporation.

Question 12

What is the policy regarding traffic law enforcement services to newly annexed areas of incorporated cities?

Answer 12

The CHP will not extend traffic law enforcement services except to provide temporary assistance during the transition period.

Question 13

What is the Fresh Pursuit Act?

Answer 13

Statutory extension of peace officer authority to officers from other states when in ‘fresh pursuit’ of a fleeing felon.

Question 14

What is the maximum distance for CHP officers to provide assistance outside California under Interstate Mutual Assistance Agreements?

Answer 14

50 statute miles of any point along the common border.

Question 15

What must officers do when performing voluntary assistance in another state?

Answer 15

Notify the state within whose territory the assistance is being rendered.

Question 16

What is one of the limitations of the Fresh Pursuit Acts regarding misdemeanor violations?

Answer 16

They do not apply to misdemeanor violations.

Question 17

What is required for CHP officers to conduct felony investigative follow-up outside California?

Answer 17

The investigation must be timely and continuous, and should not exceed 50 statute miles from the state border without supervisory approval.

Question 18

What should officers do if a DUI suspect is pursued out-of-state?

Answer 18

Detain the suspect and request the appropriate local law enforcement authorities investigate for a violation of their statutes.

Question 19

What is the role of federal law enforcement officers on federal lands?

Answer 19

They are only empowered to make private person’s arrests for most crimes unless appointed as law enforcement officers by the state.

Question 20

What is the criminal jurisdiction on Indian reservations?

Answer 20

Federal officials enforce federal laws, state officials have proprietary jurisdiction, and tribal officials have proprietary jurisdiction excluding adjudication of non-Indians.

Question 21

What is the CHP’s obligation on federal lands?

Answer 21

To provide its full range of services, including collision investigation, code enforcement, and mitigation of hazardous materials incidents.

Question 22

True or False: CHP personnel are allowed to solicit requests for extended traffic law enforcement services.

Answer 22

False.

Question 23

Fill in the blank: The _______ must include provisions for full reimbursement of services when requesting extended CHP assistance.

Answer 23

[city’s governing body]

Question 24

What is the general criminal jurisdiction on Indian reservations and rancherias?

Answer 24

Federal officials enforce federal criminal laws. State officials have proprietary jurisdiction. Tribal officials have proprietary jurisdiction excluding the ability to adjudicate and punish non-Indians.

Question 25

List examples of California Vehicle Code sections enforceable by the Department against tribal members on their reservation or rancheria.

Answer 25

* California Vehicle Code 2800(a) - Compliance with Peace Officer Orders * California Vehicle Code 2800.1-2800.4 - Evading a Peace Officer * California Vehicle Code 10851 - Vehicle Theft * California Vehicle Code 20001-20002 - Felony and Misdemeanor Hit and Run * California Vehicle Code 21464 - Interference with Traffic Devices * California Vehicle Code 21651 (b) and (c) - Driving Wrong Way on a Divided Highway * California Vehicle Code 21963 - Failure to Yield to a Visually Handicapped Pedestrian * California Vehicle Code 23103 - Reckless Driving * California Vehicle Code 23104 - Reckless Driving: Bodily Injury * California Vehicle Code 23109 - Speed Contests * California Vehicle Code 23110 - Throwing Substances at a Vehicle

Question 26

What jurisdiction do Indian reservations and rancherias have regarding civil matters?

Answer 26

Exclusive jurisdiction, with no authority for the Department or local government to cite for parking violations or enforce local ordinances.

Question 27

Under what conditions can the Department remove a vehicle located within the limits of an Indian reservation or rancheria?

Answer 27

In emergency situations or under specific California Vehicle Code authorities.

Question 28

What is a foreign national?

Answer 28

Anyone who is not a citizen of the U.S. A person with dual-citizenship, U.S. and foreign, is not a foreign national.

Question 29

True or False: Diplomatic agents are exempt from arrest or detention.

Answer 29

True.

Question 30

What is the immunity status of consular officers?

Answer 30

They are immune from arrest or detention, except pursuant to a felony warrant, and only for official acts.

Question 31

What types of consular personnel have immunity only for official acts?

Answer 31

Consular employees (e.g., advisors, attachés) and service staff (e.g., cooks, housekeepers).

Question 32

Fill in the blank: Honorary consuls may be arrested and detained; limited immunity for official acts may be available as a _______.

Answer 32

[subsequent defense]

Question 33

What identification is issued to diplomatic and consular personnel entitled to immunity?

Answer 33

Distinctive identification cards by the DOS Protocol Office.

Question 34

What type of license plates do vehicles owned by foreign missions display?

Answer 34

Distinctive red, white, and blue license plates.

Question 35

What should an officer do when encountering a foreign service personnel claiming immunity?

Answer 35

Treat them with respect and courtesy, issue a citable offense document regardless of immunity status.

Question 36

What procedures should be followed if a claim of diplomatic or consular immunity is made?

Answer 36

Verify the claim, notify a supervisor, and follow specific identification procedures.

Question 37

What must be documented in the case of any enforcement contact involving a diplomatic agent or immunity claimant?

Answer 37

A photocopy of each CHP 215, CHP 216, or CHP 202 involving the individual must be sent to the Assistant Commissioner, Field.

Question 38

What happens if a foreign national does not claim diplomatic or consular immunity?

Answer 38

The policies and procedures for arrest or detention apply.

Question 39

What does OFM assess against the DOS driver license of foreign service personnel?

Answer 39

Points for court convictions ## Footnote OFM stands for Office of Foreign Missions.

Question 40

Under what circumstances shall officers arrest foreign nationals?

Answer 40

Only under the following circumstances: * Valid judicial warrant * Violation of federal, state law, or local ordinance ## Footnote Officers shall not stop solely for immigration status determination.

Question 41

What constitutes illegal presence in the U.S.?

Answer 41

Unlawful entry or remaining after visa expiration ## Footnote Illegal presence is a civil violation enforceable only by federal officers.

Question 42

Can officers detain foreign nationals for illegal presence?

Answer 42

No ## Footnote Deportation proceedings are civil, not criminal.

Question 43

What defines illegal entry into the U.S.?

Answer 43

Entering at other than designated time and place by immigration officer ## Footnote Illegal entry is a misdemeanor offense under 8 USCS Section 1325.

Question 44

What is required for probable cause to arrest for illegal entry?

Answer 44

Actual unlawful border-crossing observed by the officer ## Footnote The undocumented presence alone is not sufficient.

Question 45

What is the penalty for the illegal transportation of a foreign national?

Answer 45

Felony under 8 USCS Section 1324 ## Footnote Officers should detain suspects for ICE if there is sufficient reasonable suspicion.

Question 46

What does Section 113 of the California Penal Code prohibit?

Answer 46

Manufacture, distribution, or sale of false documents ## Footnote Violations can be misdemeanors or felonies.

Question 47

What information must be documented when a foreign national is arrested?

Answer 47

Right to communicate with a consulate and whether notification was made ## Footnote Must be included in the arrest report.

Question 48

What must law enforcement ensure if a foreign national dies in the U.S.?

Answer 48

Notification of the consulate of that person's country ## Footnote This is required by the VCCR and bilateral agreements.

Question 49

What is the purpose of the U Visa?

Answer 49

Grants relief from deportation and permission to work in the U.S. to specified crime victims ## Footnote Established by the Victims of Trafficking and Violence Prevention Act of 2000.

Question 50

What types of criminal activity qualify for U Visa certification?

Answer 50

Qualifying criminal activity includes: * Rape * Torture * Human trafficking * Domestic violence * Sexual assault * Kidnapping * Murder * Extortion * Witness tampering * Obstruction of justice ## Footnote A comprehensive list of qualifying activities is detailed in Section 679.10 PC.

Question 51

Fill in the blank: Officers shall not prolong the duration of a lawful detention to facilitate the response of _______.

Answer 51

[U.S. Immigration and Customs Enforcement (ICE)]

Question 52

True or False: Officers can arrest foreign nationals solely for alleged illegal presence.

Answer 52

False ## Footnote Officers may not arrest for illegal presence alone.

Question 53

Can officer conduct misdemeanor follow up out of state?

Answer 53

Yes, if the investigation is **timely and within 50 miles