HPM 81.5

Question 1

What is the policy of the California Highway Patrol regarding traffic enforcement stops for drug interdiction?

Answer 1

CHP officers shall not conduct traffic enforcement stops for the primary purpose of drug interdiction without probable cause or reasonable suspicion.

Question 2

What must management ensure regarding drug enforcement efforts?

Answer 2

Management must ensure drug enforcement efforts are consistent with the Department’s primary mission of providing traffic safety.

Question 3

What documentation is required for asset forfeiture seizures?

Answer 3

CHP 202/216, CHP 135, CHP 180, and CHP 36 may be required.

Question 4

What is the annual review requirement for Area AFCs?

Answer 4

Area AFCs must review their respective MOUs annually and forward copies to their Division by February 1.

Question 5

Is it necessary to renew asset forfeiture MOUs with a change of command?

Answer 5

It is not necessary unless the incoming commander wishes to make changes.

Question 6

What is the equitable share in asset forfeiture?

Answer 6

Negotiation of equitable share reflects the proportionate contribution of each agency involved in the seizure.

Question 7

In state cases, what percentage of asset forfeiture proceeds can the Department request?

Answer 7

The Department may request up to 65 percent.

Question 8

What must be done within 15 days of holding seized property?

Answer 8

The investigating agency must notify the local district attorney to initiate asset forfeiture procedures.

Question 9

True or False: Seized currency can be held in evidence for more than 15 days.

Answer 9

False.

Question 10

What is the notification requirement for the Franchise Tax Board?

Answer 10

Notify the FTB if the seized property has a value in excess of $5,000.

Question 11

What are the requirements for federal asset forfeiture sharing for assets over $40,000?

Answer 11

No conviction is required for sharing.

Question 12

What is the responsibility of the Area Asset Forfeiture Coordinator (AFC)?

Answer 12

The Area AFC is the Area level liaison for the Asset Forfeiture Program.

Question 13

What must be established with local district attorneys regarding asset seizures?

Answer 13

Procedures and guidelines for conducting seizures, including minimum currency amounts accepted.

Question 14

What is the time limit for the Area AFC to contact the Division AFC after an asset seizure?

Answer 14

No later than seven working days.

Question 15

Fill in the blank: Officers must obtain a _______ from the person in possession of seized property.

Answer 15

signed receipt.

Question 16

What should be included in the case file for each asset forfeiture incident?

Answer 16

All reports and related documents.

Question 17

What is the purpose of the Officer’s Checklist on the CHP 300D?

Answer 17

To provide abbreviated departmental policy and asset forfeiture requirements.

Question 18

What should be done if the local district attorney authorizes the issuance of a Notice of Intent to Seize?

Answer 18

Use the local district attorney’s forms when serving Notices and claim forms.

Question 19

What is the minimum equity value below which vehicles should generally not be seized?

Answer 19

Less than $10,000.

Question 20

What procedures should be followed for currency seizures?

Answer 20

Obtain a signed receipt before turning over possession to an allied agency/NTF.

Question 21

What does the CHP 202D not require completion for?

Answer 21

Parole or probation searches, pat-down searches with no findings, prestorage inventories, searches incident to lawful arrest.

Question 22

What information should be obtained before authorizing a whisper enforcement stop?

Answer 22

Requesting agency, contact supervisor’s telephone number, officer safety concerns, desired action, and any other relevant information.

Question 23

What is the first step when the Department is asked to conduct whisper enforcement stops?

Answer 23

The on-duty CHP supervisor shall be made aware of the nature of the request and shall provide appropriate direction.

Question 24

What factors can a supervisor consider when deciding on a request for a whisper enforcement stop?

Answer 24

Current priorities and available resources.

Question 25

What information must be obtained prior to authorizing a whisper enforcement stop? List at least three items.

Answer 25

* Requesting agency * Contact supervisor’s telephone number * Officer safety concerns

Question 26

What should an officer ensure before conducting a whisper enforcement stop?

Answer 26

Independent probable cause exists to stop the vehicle.

Question 27

True or False: Officers can disclose information provided by the allied agency to vehicle occupants during a whisper stop.

Answer 27

False

Question 28

What should happen if no probable cause to search exists after a whisper enforcement stop?

Answer 28

Occupants shall be allowed to continue.

Question 29

What should in-custody reports not contain regarding whisper stops?

Answer 29

Information regarding the whisper stop details provided by the allied agency.

Question 30

What should officers do if an arrest is made following a whisper stop?

Answer 30

Begin the arrest report at the point of establishing independent probable cause.

Question 31

What title should the confidential disclosure report have? Whisper stop

Answer 31

Whisper Stop-Wall Case Confidential Report - Evidence Code Sections 1040-1042 and Penal Code Section 1054.7.

Question 32

Fill in the blank: Officers who receive subpoenas for whisper enforcement stops should contact the _______ prior to trial.

Answer 32

[allied agency who requested the enforcement stop]

Question 33

What must commanders ensure regarding the confidential disclosure to the prosecuting attorney?

Answer 33

A copy is maintained in an Area containing a confidential file to prevent inadvertent release.

Question 34

What should the confidential report be sealed in?

Answer 34

An envelope labeled 'Confidential Report - Not Discoverable (Evidence Code Sections 1040-1042 and Penal Code Section 1054.7)'

Question 35

What happens if the enforcement stop (whisper stop) results in an arrest?

Answer 35

The requesting agency shall be recontacted.

Question 36

What are officers advised to do during a pretrial discussion with the prosecuting attorney?

Answer 36

Ascertain the prosecutor’s intent to claim privilege pursuant to Evidence Code Section 915 and California Penal Code Section 1054.7.

Question 37

What is the purpose of the 'in camera' hearing that may be requested by the prosecution?

Answer 37

To ascertain the need for disclosure.

Question 38

What must be included in the confidential disclosure to the appropriate district attorney?

Answer 38

* Request for enforcement stop from a confidential informant or undercover officer * Information used for the whisper stop from a confidential informant or undercover officer