Patrol Ready Reference 2017
Property of ______#______
Revised January 2017 Edited by Oscar A. Martinez
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INTRODUCTION
WHAT THIS REFERENCE IS.... A tool to assist you in patrol and custody. A quick/informative guide to the most common codes (and not so common but interesting codes) which we used in our missions. A reference containing flow charts to make it easy to read and understand as we enforce the law. Nothing contained here is my creation; I simply gathered the plethora of information out there and condensed it here. Therefore, I thank you if you see something that you created in the past and shared with your partners.
WHAT THIS REFERENCE IS NOT... This reference contains Department's MPP sections and other policies, but it is not an official reference/guide endorsed by the Department. I used the Department's policies with respect as a reference only, but nothing contained here is policy. Always refer to the actual policy or source for the proper procedures. Always refer to the actual legislative code to ensure you have proper legal and administrative standing. This reference is FREE, which I created for myself and shared with my partners after many requests for it. Neither I nor anyone else shall make any profit from this guide. Only the Department can make a profit from its established policies and procedures (MPP 3-01/040.62 Use of Sheriff's Intellectual Property/Star/Logos).
Stay safe, lead the way, and back up your partners!
Sergeant Oscar A. Martinez LOS ANGELES COUNTY SHERIFF’S DEPARTMENT PALMDALE SHERIFF’S STATION 750 East Avenue Q, Palmdale, CA 93550 Station Phone: (661) 272-2400 Cell: (661) 381-1037 / Fax: (323) 415-6543
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TABLE OF CONTENTS
SUBJECT PAGE ABC LAWS 57 AIRCRAFT AND UAV INCIDENTS 53 BARRICADED SUSPECT CHEATER 23 BOOKING PROCEDURES AND REFERENCES 40 CIVIL LAW 62 CONSULAR NOTIFICATIONS 43 CONTAINMENTS AND COORDINATION 8 COUNTY CODES 89 DEPUTY INVOLVED SHOOTINGS CHEATER 18 DOMESTIC VIOLENCE 66 ELDER ABUSE 70 ELECTION/POLLING PLACES CHEATER 90 FOOT PURSUIT CHEATER 17 FRAUD AND ID THEFT 71 GENERAL CRIMINAL STATUES 94 INTERVIEW AND REPORT WRITING 9 JUVENILES 79 LESS-LETHAL WEAPON CHEATER 27 MDC AND CAD OPERATIONS 29 MENTALLY ILL PERSONS 44 MISSING PERSONS 48 MOBILIZATION PHASES 28 NOTIFICATION OF SIGNIFICANT INCIDENTS 26 PERSONS, CRIMES AGAINST 98 PROPERTY, CRIMES AGAINST 108 PROPOSITION 47 36 SEXUAL CRIMES 92 TACTICAL CANINE CHEATER 20 TARP CHEATER 25 TASER CHEATER 24 USE OF FORCE CHEATER 10 VEHICLE PURSUIT CHEATER 15
VICE CRIMES 61
NARCOTICS ENFORCEMENT 117
WEAPONS ENFORCEMENT 133
TRAFFIC ENFORCEMENT 143
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CA Government Code 26600 The SHERIFF shall preserve peace, and to accomplish this object may sponsor, supervise, or participate in any project of crime prevention, rehabilitation of persons previously convicted of crime, or the suppression of delinquency.
All law enforcement duties executed in the name of the SHERIFF are performed by deputy sheriffs and investigators. Because of the highly diverse law enforcement duties deputy sheriffs encounter, deputy sheriffs are cross trained in many areas of criminal law and civil law. The deputy sheriff can be considered the "jack of all trades" law enforcement officer. It is not unusual for a deputy sheriff to perform work similar to a police officer, correction officer, court officer, investigator, lawyer, accountant, and auctioneer all in one day. Because of the diversity in tasks a deputy sheriff must face, the requirements for deputy sheriff are one of the most stringent in comparison with other law enforcement positions available in the city and state. –NYC Sheriff Association
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WE REMEMBER
Sergeant Steve Owen Sergeant Alfonso Lopez Los Angeles County Los Angeles County Sheriff's Department, California Sheriff's Department, California
End of Watch: End of Watch: Wednesday, October 5, 2016 Monday, October 24, 2016
Sergeant Steve Owen was shot and killed after Sergeant Al Lopez suffered a fatal heart attack responding to a burglary in progress call in the while responding to assist other deputies who 3200 block of West Avenue J-7 in Lancaster, were involved in a high speed pursuit in Compton California. at approximately 5:20 am.
He was checking the rear of the apartment Shortly after he responded from the station a building when the subject emerged and shot him. citizen came into the lobby and advised deputies The other deputy on scene heard the shooting and that a patrol car had crashed at the intersection of ran to the rear of the building, where he found Myrrh Street and Willowbrook Avenue and the Sergeant Owen wounded. As he rendered aid the driver was unresponsive. Deputies responded to suspect attempted to steal Sergeant Owen's patrol location and began performing CPR on Sergeant car, but crashed into a second patrol car as the Lopez. He was transported St. Francis Medical second deputy attempted to stop him. Center where he passed away.
The man then fled into a nearby home where he It is believed that Sergeant Lopez suffered a fatal took two teenagers hostage for several hours. As a heart attack prior to his vehicle colliding with a SWAT team entered the apartment the man fled fence at low speeds. The pursuit he was but was quickly apprehended. responding to was terminated shortly after it began due to the dangerously high speeds of the Sergeant Owen had served with the Los Angeles fleeing vehicle. County Sheriff's Department for 29 years. He is survived by his wife and three children. Sergeant Lopez had served with the Los Angeles County Sheriff's Department for 26 years and was assigned to the Compton Station. He is survived by his wife and two adult children.
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In Memoriam
Alfonso Lopez - 2016 Didier M. Hurdle – 1977 Steven C. Owen – 2016 Darden Hollis - 1975 Randy Hamson - 2008 Theodor A. Abrey - 1974 Juan Escalante - 2008 James J. Foote - 1974 Raul Gama - 2007 Carl E. Wilson - 1973 Maria C. Rosa - 2006 Donald W. Schneider - 1973 Pierre W. Bain - 2006 Joseph R. Herrera - 1972 Luis Gerardo Ortiz - 2005 Charles O. Ley - 1972 James P. Tutino - 2004 Barry Jon Hoffman - 1971 Michael Richard Arruda - 2004 Gary D. Saunders - 1971 Stephen D. Sorensen - 2003 Louis C. Wallace - 1970 David A. Powell - 2002 Gordon D. Erickson - 1970 David W. March - 2002 Lionel W. Dashley - 1969 Jake Kuredjian - 2001 Charles D. Rea - 1969 Brandan G. Hinkle - 2001 Robert K. Schnur - 1968 Michael L. Hoenig - 1997 Gary E. McCullah - 1968 Shayne D. York, 1997 James W. Waygood - 1967 Antranik Geuvjehizian - 1995 Michael V. Wigderson - 1967 Stephen W. Blair - 1995 Ronald Ludlow - 1965 Jimmie R. Henry - 1995 John M. Slobojan - 1964 Richard B. Hammack - 1992 Lloyd G. Constantine - 1964 Nelson Yamamoto - 1992 Willard Ballard - 1964 Rosemary Iris May - 1989 William A. White - 1964 James D. McSweeney - 1988 Timothy J. Harnett - 1961 Roy A. Chester - 1988 Manuel A. Ayon - 1961 Jack B. Miller - 1988 Lee E. Sawyer - 1960 Charles R. Anderson - 1987 Harold A. Reis, Jr. - 1958 George L. Arthur - 1985 Ronald J. Gillis - 1958 David L. Holguin - 1984 David A. Horr - 1958 B. Loyd Brooks - 1984 Harold S. Blevins - 1957 James P. Clark - 1983 Vernon J. Corbeil - 1957 Larrell K. Smith - 1983 Edwin M. Falkowski - 1955 Lawrence M. Lavieri - 1983 Elbert J. Hall - 1949 Kenneth D. Ell - 1982 Fred P. Guiol - 1946 Constance E. Worland - 1981 John N. Hedge - 1933 Jack D. Williams - 1979 Rudolph G. Vejar, Sr. - 1932 George Barthel - 1979 Frank D. De War - 1932 Robert M. Cartmell II - 1978 Robert E. Magee - 1923 Walter Hannan - 1978 William E. Funkhouser - 1922 Thomas H. Pohlman - 1978 Henry J. Ronsse - 1922 Arthur E. Pelino - 1978 Herbert E. Glidden - 1920 Charles Plumleigh - 1978 Harold B. Broadwell - 1919 Gregory L. Low - 1978 Michael V. Van Vliet - 1918 Edward J. Russell - 1977 George Wilson - 1896 Didier Hurdle - 1977 William C. Getman - 1858 Lynn L. Lewis - 1977 James R. Barton - 1857
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CONTAINMENTS AND COORDINATIONS COMMON FORMATS ONLY – REFER TO YOUR STATION’S PRACTICE
459N OR 211N CALLS (CRIMES IN PROGRESS)
The easiest way to contain a location is to have: 1. Unit take up a position to the rear and 2. Units take a position in the front coming in from opposite directions. (i.e. (1) unit set up just EAST of the location and (1) unit set up just WEST of the location).
**REMEMBER** There might be other factors when containing a location, such as outside teams or other people trying to take independent action. Remember if it’s your handle it’s YOUR HANDLE! Anything you say should go!
459JO OR 211JO CALLS (JUST OCCURRED)
When enroute to a JO call, assign the closest unit to make contact with the victim(s) and have them put out a preliminary Crime Broadcast. The second responding unit, have them 927C the last known direction of travel of the suspect.
**NOTE** The key to this type of containment is a quick preliminary broadcast. This will allow your other assisting units to get vital details of the suspect and where he might be heading.
415FT OR 415J CALLS (LARGE CROWDS) OR (CRIMES WITH WEAPONS)
For this type of call, it is good to meet at an indicated location and roll in together. The purpose of this type of coordination is for a show of force, and to eliminate crossfire when weapons are involved.
THINGS TO THINK ABOUT There is nothing wrong with coordinating your call on the PATCH! Some units are not assigned to your call, or might be out of their vehicles and cannot hear or may not be monitoring L-TAC. You can use the Patch, and 10-31 all you assisting units so you can maximize your resources that are available to you. -DON’T FORGET TO ASK FOR AERO-
STATION SPECIFIC NOTES:
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INTERVIEW METHOD AND BASIC REPORT WRITING
DAILY NOTEPAD ENTRIES 1. Day/Date/Shift 2. Area/Partner 3. W/Cmdr. and W/Sgt. 4. Weather/Special Assignments 5. Briefing Information
THREE STEP INTERVIEW METHOD
1-SUBJECT TELLS STORY 2-SUBJECT RETELLS-DEPUTY TAKES NOTES -Listen -Ask/Annotate -Keep on Track -Chronology -Jurisdiction/Elements -Corpus Delicti
3-DEPUTY READS NOTES BACK TO SUBJECT -Review/Read Back -Catch Mistakes/Omissions -Changes/Additions -Keep Up With Notes-
CRIMINAL INVESTIGATION NOTES
1. Deputy’s Arrival Time 6. Whether/Lighting Conditions 2. Victim Statements/Conditions 7. Scene Conditions 3. Witness Statements 8. Notifications 4. Suspect Statements/Conditions 9. Evidence 5. Modus Operandi
“BASIC” FOUNDATIONS OF REPORTS
Patrol Custody 1. Dispatch/Arrival 1. Dispatch/Observations 2. Observations 2. Victim Statements 3. Victim’s Statements 3. Witness Statements 4. Witness’s Statements 4. Suspect Statements 5. Suspect’s Statements 5. Medical Response 6. Medical Response 6. Custody Holds 7. Disposition 7. Disposition 8. Notifications 8. Notifications
USE OF FORCE POLICY CHEATER
3-10/010.00 Any physical effort used to control or restrain another, or to overcome the resistance of FORCE another.
Head strike(s) with an impact weapon.* Deliberately or recklessly striking an individual’s head against a hard, fixed object 3-10/040.00 (e.g., roadway, driveway, concrete floor, wall, jail bars, etc.).* PROHIBITED From a standing position kicking an individual in the head with a shod foot while the FORCE individual is lying on the ground/floor; and/or.* Kneeing an individual in the head, deliberately or recklessly causing their head to strike the ground, floor, or other hard, fixed object.* * Prohibited unless circumstances justify the use of deadly force
3-10/050.00 Force used in the execution of one’s duties under the immediate direction of a DIRECTED supervisor. FORCE
3-10/060.00 When a Department member is compelled to use force in order to prevent harm from RESCUE FORCE occurring to medical staff, professional staff, or any non-Department member.
3-10/070.00 MEDICAL When a Department member restrains an individual under the immediate direction and ASSISTANCE supervision of medical staff. FORCE
Any use of force which is greater than that required for UN-RESISTED Department- approved: 3-10/100.00 Searching or handcuffing, USE OF FORCE Control holds or come-alongs, or REPORTING AND Hobbling must be reported REVIEW Any use of force which results in an injury or a complaint of pain must be PROCEDURES reported.* * A complaint of pain will constitute an injury only when subsequent medical evaluation determines that the complaint of pain is attributable to an identifiable injury, rather than mere temporary discomfort.
3-10/105.00 MEDICAL TREATMENT AND TRANSPORTING SUSPECTS* A suspect must be transported to a medical facility for examination/treatment by qualified medical personnel whenever the person: Suffers a gunshot wound; Strikes their head on a hard object, or sustains a blow to the head/face, as a result of the application of force by a member, regardless of how minor any injury to the head/face may appear. The member transporting the suspect shall inform the doctor that the suspect was struck on the head or struck their head; Is restrained with a carotid restraint, or any kind of neck/throat restraint, whether or not they are rendered unconscious. The member transporting the suspect shall inform the medical staff of the fact that the suspect was restrained with a carotid restraint and whether or not they were rendered unconscious; Is hit with a specialized weapon projectile (such as an Arwen round, Taser dart, Stunbag, Pepperball projectile, etc.); Is subjected to a TASER used in the drive stun mode; Sustains a canine bite resulting in any bleeding or penetration of the skin; Has injuries that appear to require medical treatment; Alleges any injury and requests medical treatment, whether or not they have any apparent injuries; Alleges that substantial force was used against them, whether or not they have any apparent injuries or requests medical treatment; Was wearing the electronic immobilization belt during its activation (unless qualified medical clearance is obtained in the field); or Has the Total Appendage Restraint Procedure (TARP) applied on them (unless qualified medical clearance is obtained in the field). * Any doubt regarding the need for medical treatment shall be resolved by transporting the suspect to an appropriate medical facility. If the suspect refuses medical treatment in any of the cases previously described, they shall be transported to a medical facility and required to personally inform the medical staff of their refusal to receive medical treatment.
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USE OF FORCE POLICY (cont.)
THREE CATEGORIES OF FORCE CATEGORY 1* Searching and handcuffing techniques resisted by a suspect; Hobbling resisted by a suspect; Control holds/come-alongs resisted by a suspect; Take downs; and/or Use of Oleoresin Capsicum spray, Freeze +P or Deep Freeze aerosols, or Oleoresin Capsicum powder from a Pepperball projectile (when a suspect is not struck by a Pepperball projectile) if it causes only discomfort and does not involve injury or lasting pain. *No Injury SUPERVISORY DUTIES NOTIFICATIONS MANDATORY REPORTS Watch Commander Supervisor Report on Use of Force (SH-R-438P) ***Mandatory submission to Division HQ w/in 30 days*** CATEGORY 2 Any identifiable injury; Complaint of pain that a medical evaluation determines is attributable to an identifiable injury; and Any application of force other than those defined in Category 1 Force, but does not rise to the level of Category 3 Force. SUPERVISORY DUTIES NOTIFICATIONS MANDATORY REPORTS 1. Watch Commander 1. Supervisor Report on Use of Force (SH-R-438P) 2. IAB (If criteria is met) 2. IAB Mandatory Notification Form (If Req.) ***Mandatory submission to Division HQ w/in 30 days***/***IAB Notification after hours via SIB*** CATEGORY 3 All shootings in which a shot was intentionally fired at a person by a Department member; Any type of shooting by a Department member which results in a person being hit, Force resulting in admittance to a hospital; Any death following a use of force by any Department member; All head strikes with impact weapons; Kick(s), delivered from a standing position, to an individual’s head with a shod foot while the individual is lying on the ground/floor; Knee strike(s) to an individual’s head deliberately or recklessly causing their head to strike the ground, floor, or other hard, fixed object; Deliberately or recklessly striking an individual’s head against a hard, fixed object, Skeletal fractures, with the exception of minor fractures of the nose, fingers or toes, caused by any Department member; All canine bites; or Any force which results in a response from the IAB Force/Shooting Response Team, as defined in MPP section 3-10/130.00 SUPERVISORY DUTIES NOTIFICATIONS MANDATORY REPORTS Watch 1. Supervisor Report on Use of Force (SH-R-438P) / IAB may take Commander 2. Employee Injury (If needed) 3. IAB Mandatory Notification Form 4. Foot Pursuit (If required) 5. Vehicle Pursuit (If required) ***Mandatory submission to Division HQ w/in 30 days***/***IAB Notification after hours via SIB*** -W/C will be required to make additional notifications and complete additional paperwork-
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USE OF FORCE POLICY (cont.)
3-10/010.00 USE OF FORCE DEFINED Any physical effort used to control or restrain another, or to overcome the resistance of another.
FORCE REVIEW PACKAGE The Watch Commander/Supervising Lieutenant shall prepare and submit a force review package to the Unit Commander for all reviews of force not conducted by a Force/Shooting Response Team. The force review package shall include the following items: 1. “Supervisor’s Report, Use of Force” (SH-R-438P), 2. Copy of SH-R 49 and related supplemental reports and/or memos, 3. Copy of in-service rosters for the concerned shift(s), 4. Documentation such to show suitable treatment from qualified medical personnel was sought and/or received, 5. Photographs and/or video recordings of suspect's injuries or areas of alleged injury (copies of booking photographs may also provide excellent documentation), 6. Copies of any recorded interviews conducted by supervisors during the investigation, 7. Any related material which is deemed significant or serves to further document the incident, such as dispatch or complaint telephone tapes, other photos, etc. The Watch Commander/Supervising Lieutenant shall submit a force review package (refer to Force Review Package subsection) to the Unit Commander as soon as possible, but no later than 21 days after the incident, unless otherwise directed. They are responsible for detailing the results of their review and their recommendation as to whether further action or investigation is warranted in the appropriate section of the SH- R-438P. REQUESTING A FORCE/SHOOTING RESPONSE TEAM The Watch Commander/Supervising Lieutenant is responsible for making an immediate verbal notification to the on-call Internal Affairs Bureau Lieutenant in any of the following situations: 1. All shootings by any Department member, both on-duty and off-duty, including accidental discharges, warning shots, and shooting at animals, 2. All incidents in which Deputy personnel are shot, 3. Hospitalizations due to injuries caused by any Department member, 4. Skeletal fractures caused by any Department member, 5. Category 2 or 3 force used by any Department member during or following a vehicular or foot pursuit, 6. All large party situations where Category 2 or 3 force is used, 7. Injury or complaint of injury to a person's head, or neck area, resulting in medical evaluation and/or treatment, following contact with any Department member. (This does not apply to contamination due to Oleoresin Capsicum spray, Freeze +P or Deep Freeze aerosols, or Pepperball projectile powder), 8. All head strikes with impact weapons, 9. Kick(s) to an individual’s head with a shod foot, 10. Knee strike(s) to an individual’s head, 11. Any situation wherein a Department member pushes, shoves, takes down, or otherwise causes a person to hit their head against a hard object (e.g. roadway, driveway, concrete floor, wall, door jamb, jail bars, etc.), 12. Canine bites resulting in medical treatment, 13. Any death following a contact with any Department member, 14. All inmate deaths, 15. Any of the above uses of force witnessed by a Department member applied by personnel from another law enforcement agency involved in an operation with Department personnel, 16. At any scene where the Sheriff’s Response Team (SRT) is deployed.
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3-10/115.00 VIDEO REVIEW AND ADMONISHMENT Department members shall prepare all necessary written reports related to a force incident prior to reviewing a video recording of the incident. Upon completion of the written report, involved Department members shall be provided the opportunity to review the recorded incident for the purposes of refreshing their memory AFTER the Field Sergeant or immediate supervisor has reviewed the first reports and any separate supplemental reports of the force incident, and concluded that there is no such evidence of apparent misconduct, or a failure to property notify. Once the video tape has been reviewed, personnel will have the opportunity to acknowledge in their report that they observed the video and that it either refreshed their memory, adding any corrective language, or that the original written statements were accurate.
FIELD SERGEANT/IMMEDIATE SUPERVISOR RESPONSIBILITIES Category 1 or Category 2 Force 1. Respond without unnecessary delay to any incident involving Reportable Force, 2. Advise the Watch Commander or Supervising Lieutenant of any Reportable Force incident. Category 1 or Category 2: 1. Locate and interview all potential witnesses, including Department personnel, including those who could have witnessed but claim not to have witnessed the; 2. Photograph and/or record the scene in conditions as near as possible to those at the time of the force incident, if appropriate; 3. Determine if the force incident was recorded and secure any such recordings of the incident whenever able to do so; 4. Ensure that Department members who used force or witnessed force prepare required reports in a timely manner; 5. Review first reports and separate supplemental reports or memorandums; 6. In cases where a recording has been secured, if the supervisor determines, after their initial review of the video and the incident reports, that there is evidence of apparent misconduct, or it appears that a Department member failed to make proper notifications of the incident, the supervisor should consult with the Watch Commander or Supervising Lieutenant before proceeding further (refer to Watch Commander/Supervising Lieutenant’s Responsibilities subsection); 7. If no misconduct, afford Department members an opportunity to review the recording of the force incident to facilitate recollection of additional details 8. Complete a "Supervisor's Report, Use of Force" (SH-R-438 P) documenting each member who used force, or witnessed force; 9. Interview the attending physician or other qualified medical personnel, 10. If the suspect is admitted to a medical facility or requires further medical treatment, follow up with medical staff; and photograph and/or record the members’ injuries, if appropriate. If TARP is used, ascertain and document: 1. How long the suspect was restrained with the TARP; 2. The emergency medical services agency that responded to the scene; 3. How the suspect was transported and in what body position(s) they were placed; 4. The length of time of the transport phase; 5. The observations of the suspect’s psychological/physical condition; and 6. Any alleged recent drug usage by the suspect or indications by them that they suffer from cardiac or respiratory diseases Category 3 Force Notify the Watch Commander or Supervising Lieutenant Identify witnesses; ensuring that the members who used force or witnessed force do not communicate with each other until they have prepared their report or have been interviewed by investigators; and Preserving the scene and evidence as appropriate.
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WATCH COMMANDER/SUPERVISING LIEUTENANT'S RESPONSIBILITIES
The Watch Commander/Supervising Lieutenant shall, with extreme priority, personally examine any suspect upon whom force has been used and, except in Category 3 force incidents, interview them regarding the incident. Except in the most compelling of circumstances, personnel involved in a use of force, including participants, witnesses, and supervisors directing force, shall not be present when the interview is conducted. If compelling circumstances require their presence, detailed justification shall be made in all supervisors’ subsequent reports. When interviewing suspects regarding use of force incidents, ask the person if they have any injuries, the nature of the injuries, and if they want medical treatment. These questions must be asked whether or not the suspect has any apparent injuries. If the suspect is taken to a medical facility for examination or treatment, the Watch Commander/Supervising Lieutenant shall: Ensure that a supervisor interviews the examining physician or qualified medical personnel as to the extent of the injuries, or lack thereof, and whether the injuries are consistent with the degree of force reported. Ensure that the interview of the suspect is recorded on video and, if appropriate, photographs are also taken, paying particular attention to any known or alleged areas of injury (obtain suspect consent for photographing injuries hidden by clothing). Where practical, the suspect should not be interviewed during actual medical treatment. Prior to beginning the interview, the time, date and location of the interview shall be clearly stated, along with the names, ranks, and employee numbers of all persons present. After interviewing a suspect in incidents involving Directed Force, the Watch Commander/Supervising Lieutenant shall: Determine who should complete the initial investigation. When a supervisor is available at the unit who did not direct the force, a non-involved supervisor should complete the initial investigation. If a non-involved supervisor is not available at the Unit, the Watch Commander/Supervising Lieutenant should consider the totality of the initial factors, including the severity of the force and the suspect’s interview in determining whether the supervisor who directed the force should complete the initial investigation. In instances in which another Sergeant is assigned to complete the initial investigation, the Sergeant directing the force shall prepare a supplemental report, or memo, detailing their actions for inclusion with the force review package. In cases where a supervisor has reviewed video of an incident and determined that there is evidence of apparent misconduct, or it appears that a Department member failed to make proper notifications of the incident, the Watch Commander/Supervising Lieutenant shall Determine the nature and seriousness of the matter. Contact the Unit Commander, who shall decide if an administrative or criminal investigation is warranted, including the necessity for an immediate response by IAB or ICIB. If an administrative or criminal investigation is initiated, then the force investigation will be conducted as part of that investigation. If it is determined that an administrative or criminal investigation is not warranted, then the force investigation shall be completed by the Watch Commander/Supervising Lieutenant.
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VEHICLE PURSUIT POLICY 5-09/210.00 PURSUITS - DEPUTIES' RESPONSIBILITIES A pursuit is an active attempt by the driver of a departmental vehicle to stop a moving vehicle whose driver is attempting to avoid apprehension through evasive driving tactics or, after a reasonably short period of time, fails to stop after red light and siren have been activated. Following a vehicle whose driver is attempting to evade, or has failed to yield, after a reasonably short period of time, whether accomplished with or without red lights activated and siren sounding, and regardless of the terminology used to describe these acts, is also a pursuit. A PURSUIT MAY BE INITIATED UNDER THE FOLLOWING CONDITIONS: 1) KNOWN OR SUSPECTED SERIOUS FELONY SUSPECT(S)* *“Serious felony” as used in this section includes: the attempt or act of murder, mayhem, serious or violent sex crimes, robbery, arson, kidnapping, carjacking, assault with a deadly weapon, first-degree burglary, major narcotics violations, and terrorist acts. Possession of narcotics/drugs in amounts associated with common personal use or a street-level sale does not warrant the initiation of a vehicular pursuit.
2) A CONFIRMED GRAND THEFT, VEHICLE.
3) MISDEMEANOR SUSPECTS ONLY IN THE FOLLOWING SITUATIONS** **where the suspect(s) has been observed by a Deputy or reliable witness(s) to be displaying a firearm in an assaultive manner reasonably contemporaneous to the initiation of the pursuit; **where there is reasonable suspicion to believe the suspect is driving under the influence of alcohol or drugs, or is otherwise impaired, and the suspect's driving prior to the attempted stop is so flagrantly reckless# that he presents a clear and present danger to other users of the highway, and failure to apprehend the violator would likely pose an imminent and life threatening danger to the public. #Examples of such flagrantly reckless driving include, but are not limited to, collisions with other vehicles or objects, forcing other vehicles to take evasive action to avoid collision, failure to stop at controlled intersections without slowing, or driving on the wrong side of the highway. Following the pursuit, personnel shall provide the Watch Commander with a full and specific explanation of the hazardous acts that led to the decision to pursue. A PURSUIT SHALL NOT BE INITIATED OR CONTINUED: 1. An infraction or misdemeanor crime (including CVC violations), except as provided above; 2. Any crime not classified as a serious felony, as described above; or 3. A possible grand theft, vehicle. A PURSUIT SHALL BE TERMINATED WHEN: 1. When there is an unreasonable danger to the Deputy or other users of the highway 2. When weather conditions, visibility, road conditions, and traffic conditions, indicate unwarranted risk to others; 3. When the violator can be identified to the point where apprehension may be more safely made at a later time; 4. When the primary unit has lost sight of the pursued vehicle and visual contact is not immediately regained. 5. When action is taken by another police department traversing our jurisdiction and our assistance is no longer needed; 6. After a reasonably short period of time when it has been determined that the only reason for the pursuit is a known reported stolen vehicle; or 7. When there is insufficient objective information to indicate that the suspect(s) is wanted for any crime inclusive of the approved felonies and misdemeanors described in MPP section 5-09/210.02. SPEEDS: Due to wide variations in roadways and conditions, speed limits cannot be established that will apply to all pursuits. On urban or suburban surface streets, speeds in excess of 20 miles per hour over the posted or prima facie speed limit would normally be considered unreasonable and shall require termination of the pursuit absent an articulable need to continue the pursuit. UNITS: The active pursuit shall normally consist of no more than three units: the primary vehicle unit and two back-up units. A Field Supervisor’s vehicle, if involved in the pursuit, is not counted toward the three-unit limit. SUPERVISORY DUTIES NOTIFICATIONS REPORTS 1. Watch Commander 5. Chief’s Memo (By W/C if required) 2. TSD (If collision occurred during pursuit) 6. Vehicle Pursuit Evaluation Form (If needed) 3. IAB (If Category 2 or 3 Force was used) 7. Foot Pursuit Evaluation Form (If needed) / Ensure digital copies of 4. SIB Operations Log (By E-Mail if fatal) Voice Print, Dispatch Channel and Cold Line recordings are attached to forms. 8. IAB Notification Form (If Category 2 or 3 Force was used) *All Vehicle Pursuits will be debriefed with all involved personnel by the Field Sergeant and documented by the Watch Commander* ***Mandatory Submission to Division HQ w/in 30 Days***
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VEHICLE PURSUIT POLICY (cont.)
CONTROL OF A VEHICLE PURSUIT - SUPERVISORY RESPONSIBILITIES FIELD SCC WATCH COMMANDER** AERO BUREAU SERGEANT* Immediately Acknowledge and Maintain overall command of the operation. Attempt to become involved in every activate the duplex actively monitor the pursuit initiated by this Department or patch and advise pursuit. Respond to the desk area and immediately conducted in the Sheriff's Department’s the primary unit of take command. patrol jurisdiction the identity and If necessary, assert location of back-up control of the pursuit Establish “cold line” communications with the Be under the command of the Station/Unit units in position to by directing specific SCC Watch Sergeant. Watch Commander, who has overall assist. units into or out of the responsibility for the pursuit. pursuit, re-designating If necessary to assert operational control, the Request an Aero primary and/or back- Watch Commander may communicate with Follow the directions of the Watch unit. up responsibilities or field units using Station/Unit transmitting Commander, unless these directions by terminating the capabilities (rarely be necessary). jeopardize the safety of the Aero unit or When the pursuit pursuit. ground units involved in the pursuit. approaches or Make a decision regarding the continuation or traverses another Ensure that the Watch termination of the pursuit. At the time of initial visual contact and Station’s/Unit’s Commander’s orders before engaging in the vehicle pursuit, area, that are strictly followed. In the absence of immediate information from broadcast: Station’s/Unit’s the field, order termination of the pursuit. frequency will be Respond to the The total number of ground units patched with the terminus of the Ensure that adjacent jurisdictions or visibly involved; frequency upon pursuit. Station/Unit areas are notified of any public or The estimated vehicle speeds which the pursuit is officer safety concerns following the and traffic conditions; and being broadcast. Oversee post-pursuit termination of a pursuit by this Department When conditions permit, the tactics. when the suspect vehicle is known or believed Aero unit shall broadcast the to be traveling into the other agency’s or rooftop numbers of all involved Assert control when Station’s/Unit’s area. units. warranted. If the Watch Commander authorizes an Aero Once the Aero unit is in a position to Ensure compliance unit to continue monitoring a vehicle whose maintain visual contact with the pursued with all Department pursuit has been terminated, the Watch vehicle, they shall notify SCC. policies, specifically Commander may direct the Aero unit to make as they relate to the that notification via radio. Radio broadcast responsibility and use of force and field coordination of law enforcement activity on tactics. **If a Deputy from a Unit other than a Patrol the ground then shifts to the Aero unit. Station, in transit from one assignment to Identify all another or from their headquarters to an Broadcast the location of the suspect Department personnel assignment, or assigned to Community vehicle and advise ground units of who participated in, or Colleges Bureau, initiates a pursuit, the SCC upcoming traffic congestion, road hazards, responded to, the Watch Sergeant shall notify the Watch or any other information which may terminus of the Commander of the nearest Station, who shall increase the margin of safety. pursuit. assume immediate command of the operation. Remain with the pursuit operation, whether *As with any tactical **If a Deputy assigned to Transit Services surveillance mode or actual pursuit, to its operation, it is not Bureau initiates a pursuit, the TSB Watch terminus, and shall adhere to the necessary that the Commander shall assume immediate instructions of the Watch Commander and Sergeant be command of the operation. Field Sergeant. physically present to begin coordination. ** If the Watch Commander is not immediately Seek authorization from either the Watch available, the Watch Sergeant shall assume Commander or Field Sergeant shall be operational responsibility for the pursuit. sought by the Aero unit prior to departing the scene.
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FOOT PURSUIT POLICY MPP 5-09/220.50 FOOT PURSUITS Deputies must initiate a radio broadcast with appropriate information within the first few seconds upon initiating a foot pursuit to ensure that adequate resources are coordinated and deployed to assist and manage the operation to a safe conclusion. FOOT PURSUIT DEFINED A foot pursuit is an attempt by a Department member to follow or track, on foot, a fleeing person who is attempting to avoid arrest, detention, or observation. Terms such as "chasing to follow," "moving containment," or other terms describing similar dynamic on-foot tactical operation shall be subject to the following procedures governing foot pursuits. PARTNER SPLITTING DEFINED "Partner splitting" during a foot pursuit occurs when loss of visual contact, distance, or obstacles, separates partners to a degree that they cannot immediately assist each other should a confrontation take place. INITIATING DEPUTIES' RESPONSIBILITIES Deputy personnel initiating a foot pursuit shall broadcast the following information over the radio: Unit identifier or name of Deputy in pursuit; Suspect description; and Suspect location and direction; Whether or not the suspect is armed, if known. Reason for the foot pursuit; Barring extenuating circumstances, if a Deputy is unable to promptly and successfully broadcast this information, the foot pursuit shall be terminated and containment immediately established. The initiating Deputy shall be in field command and bears operational responsibility for the foot pursuit unless relieved by a supervisor. ONE-PERSON FOOT PURSUITS Should the decision to initiate a one-person foot pursuit occur, the Deputy shall adhere to the following guidelines which include but are not limited to: Do not attempt to close and apprehend but maintain visual contact only; Do not continue to pursue if visual confirmation is compromised; Do not chase a suspect into a building; Should a containment be established and the suspect is within the containment, termination of the foot pursuit should be considered; and Should communication with SCC be lost, the pursuing Deputy shall immediately terminate the pursuit. FIELD SERGEANT OR COURT SERVICES BRANCH SUPERVISOR RESPONSIBILITIES Be prepared to clearly articulate the circumstances which supported their decision to terminate, or to allow the continuation of, a foot pursuit. Immediately respond to the terminus of the foot pursuit, oversee post-foot pursuit discipline, assert control as needed, and ensure compliance with all Department policies, specifically those relating to the use of force. WATCH COMMANDER OR COURT SERVICES AREA LIEUTENANT RESPONSIBILITIES Be in overall command of the operation. This command responsibility shall include all Department personnel involved in the foot pursuit. If the Court Services Area Lieutenant is not available, command responsibility shall be assigned to the next available individual who is below him/her in the Court Services Area rank structure. Respond to the desk area and immediately take command either by establishing "cold line" communications with the SCC Watch Sergeant or via Station/Unit transmitting capabilities. Make a decision based upon their assessment of the information received regarding the continuation or termination of the foot pursuit. Be prepared to clearly articulate the circumstances which supported their decision. Should the Watch Commander be in the field during a foot pursuit, they may authorize the Watch Sergeant to assume operational control of the incident from the desk. This does not alleviate the Watch Commander's overall responsibility for the pursuit. SCC RESPONSIBILITY Immediately place the broadcasting Deputy on the duplex patch and request an Aero Bureau Unit. Coordination of resources to assist the Deputy is of paramount importance. If Deputy personnel not assigned to a Patrol Station initiate a foot pursuit, and the pursuit is within an area patrolled by the Sheriff’s Department, the SCC Watch Sergeant shall notify the Watch Commander of the nearest Station. If the pursuit is not in an area patrolled by the Sheriff’s Department, SCC shall coordinate a response from, and notify the Police Agency who patrols the area where the pursuit is taking place. The Sergeant or Lieutenant from the Unit of the pursuing Deputy shall identify him/herself via radio and continue command of the incident. If no supervisor is on scene, the Watch Commander of the closest Station shall assume immediate command of the operation. SUPERVISORY DUTIES NOTIFICATIONS REPORTS Watch Commander 1. Foot Pursuit Evaluation Form (If needed) / Ensure digital copies of Voice Print, Dispatch Channel and Cold Line recordings are attached to forms. 2. IAB Notification Form (If Category 2 or 3 Force was used). 3. Supervisor’s Report on Use of Force (SH-R-438P) 4. Some units may require additional memos to be submitted with the above. ***Mandatory Submission to Division HQ w/in 30 Days*** *All Vehicle Pursuits will be debriefed with all involved personnel by the Field Sergeant and documented by the Watch Commander*
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DEPUTY-INVOLVED SHOOTINGS Hit Shooting: Department member intentionally shoots at a person and any person is hit. Non-Hit Shooting: Department member intentionally shoots at a person and no one is hit. Warning Shot: Department member intentionally shoots as a warning, without intent to shoot at a person. Animal Shootings: member intentionally shoots at an animal, whether or not an animal is hit. Accidental Discharge: Department member accidentally discharges a firearm. Shooting - Other: Department member intentionally shoots at an object. DEPUTY HANDLING UNIT: The Deputy assigned to write the first report (SH-R-49) shall provide details briefly describing the initial contact between Department personnel and the suspect. The report shall conclude by stating that a shooting occurred. No further details about the shooting or why it occurred shall be written. Transported, by a supervisor, if possible, or if not, by uninvolved Deputies, to the Station, Unit of assignment or other suitable location. X UNITS: Supplemental reports A canvass of the immediate area for witnesses shall be conducted without delay. Do not write canvass card info on Supplemental Report.
ALL DEPUTIES: Refrain from discussing the incident with anyone else until after being interviewed by Homicide Bureau investigators, or in shootings where no one has been wounded or killed, until each has written a detailed report articulating the circumstances leading to the encounter, the hazards/threats faced by Deputies or others and the reasons that the decision to use deadly force was made. FIELD SERGEANT Ensure that the injured have been cared for, suspects have been apprehended, and the scene has been protected. Ensure that involved personnel are transported to the Station, Unit of assignment, or other suitable location without delay by uninvolved Deputies. Ensure that all civilian witnesses have been identified and shall attempt to have the witnesses, except for immediate family members, transported to the Station to be interviewed by Homicide investigators. Identified Immediate family members of the wounded or deceased person, Ensure that no one questions or interviews involved personnel, except as set forth above, until the arrival of Homicide investigators, and that the witnesses are cared for and kept separated as space permits. Ensure deputies involved in the shooting are sequestered; and those who have wounded or killed someone have a Department member remain with them until homicide bureau can conduct interviews. Ensure deputies, who have sustained minor injuries, not requiring hospitalization, remain in their current attire and postpone cleaning up until they have been photographed. IF DEPUTY IS SHOT Organizing the information flow between the hospital and the Department, Arranging security details, maintaining order and communicating with the Return to Work Unit.
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DEPUTY-INVOLVED SHOOTINGS (cont.) W/COMMANDER Assign a Department member to provide aid and assistance as needed. Verbal notification to Homicide Bureau following any incident in which shots fired by a Deputy result in a person being hit, and in any incident in which a Deputy is shot. Verbal notification to the IAB on-call Lieutenant following any Deputy-involved shooting, including those in which no one is hit, as well as accidental discharges, warning shots and shooting at animals. Immediate verbal notification to the Unit Commander anytime an IAB Force/Shooting Response Team is activated. Respond to the location. UNIT COMMANDER Ensure that a sufficient supply of “Deputy Involved Shooting Information and Resources” pamphlets are maintained and available for distribution in the aftermath of a shooting incident or upon request. Respond to the location (if within Los Angeles County) when the employee, on or off duty, intentionally discharges a firearm at a person, whether or not anyone is hit, as well as to any type of shooting by the employee which results in a person being hit. Respond to every hit and non-hit Deputy-involved shooting (on or off duty) within their Station jurisdiction regardless of the involved employee’s Unit of assignment. COMMANDER Respond to the location (if within Los Angeles County) when the employee, on or off duty, intentionally discharges a firearm at a person, whether or not anyone is hit, as well as to any type of shooting by the employee which results in a person being hit. If the location of the shooting is outside Los Angeles County, the involved employee’s Division Commander shall evaluate the incident and determine whether their immediate response is necessary. Deputy Involved Shooting Commander’s Checklist. Ensure that the “Deputy Involved Shooting Information and Resources” pamphlets are distributed to all concerned parties, as appropriate. Ensuring that the concerned investigative Units’ needs are met, for arbitrating any conflicts between investigative Units, and for approving any deviation from the hit and non-hit shooting investigation protocols.
HOMICIDE AND IAB HOMICIDE Conduct a thorough investigation into the incident. Conduct the investigation of the scene and interviewing all concerned persons. Respond to the scene to conduct their investigation and then to the Station/Unit to interview the involved Deputies and other witnesses. Interview all parties separately, and Complete the detailed supplemental report of the actual shooting incident. The investigation conducted by Homicide Bureau investigators shall be submitted to which District Attorney's Special Investigations Division.
IAB FORCE/SHOOTING RESPONSE TEAM Conducting administrative reviews of shootings.
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TACTICAL CANINE DEPLOYMENT MPP 5-09/265.05 SPECIAL ENFORCEMENT BUREAU TACTICAL CANINE DEPLOYMENT Tactical canine search teams can be requested through the Sheriff’s Communication Center (SCC) or the Special Enforcement Bureau (SEB) Desk 24 hours a day. The following situations reflect suitable activities for tactical canine deployments: Commercial and residential structure searches where there is the possibility of suspects hidden inside and wanted in connection with activity listed below under authorized deployment; Area searches for criminal suspects who are wanted in connection with activity listed below under authorized deployment; Capture of suspects who are armed, or believed to be armed, when less lethal forms of apprehension are appropriate; Specialized security assignments; Specialized saturation patrol; and/or Unique tactical searches not previously described, with approval of the SEB Unit Commander or above. EXCEPT IN EXTREME EMERGENCIES, TACTICAL CANINE TEAMS ARE NOT TO BE UTILIZED FOR CROWD CONTROL SITUATIONS. Tactical Canine deployments are authorized for and shall be limited to the following searches: Searches for armed suspects; Searches for suspects wanted for serious or violent felonies and/or where the circumstances of the situation would present a clear danger to the law enforcement personnel who would otherwise conduct a search without a canine; serious or violent felonies will include any offenses classified as Part I Crimes in the FBI’s Uniform Crime Reporting Program, except those categorized under Larceny-theft; It is not uncommon for suspects driving stolen vehicles to be utilizing the vehicle to facilitate involvement in other serious or violent felonies. However, absent additional information at the time of deployment, searches for suspects wanted only for motor vehicle theft shall be limited to those who are reasonably believed to be adults, and are reasonably believed to be the driver of a confirmed stolen vehicle. Known passengers, absent extenuating circumstances, should not be searched for with the use of a police service dog; Searches for known juvenile offenders shall be limited to those instances where the severity of the crime, the subject’s age and propensity for violence, whether or not the subject is believed to be armed, or other critical factors would reasonably justify the use of a tactical canine search team. In these situations, an SEB supervisor of the permanent rank of lieutenant or above must first authorize the use of a canine; Searches for articles, including weapons, narcotics or other property, which may have value as evidence in a criminal case; and/or Special Weapons Team activations and other activities as may be deemed appropriate by the SEB Unit Commander, or his designee. If a tactical canine team is requested, station personnel shall refrain from searching prior to their arrival, unless an exigency arises. In all instances, a supervisor from SEB, and/or a field supervisor from the concerned station, shall respond to the scene of the incident. In those instances where an SEB supervisor is not immediately present, field supervisors shall monitor the operation and ensure Department policy is adhered to.
ANNOUNCEMENTS Prior to deploying tactical canine teams, announcements shall be made. The announcements shall be clear and audible to all personnel at the operation and made in both English and Spanish. Radio car and helicopter public address systems, if available and equipped, will increase the likelihood that the canine announcements are heard and shall be utilized. Prior to deployment, the canine
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handler or incident command post shall ascertain from units on containment positions if the announcements were clear and audible. Any exception to this policy must be fully justified by conditions and circumstances inherent in a specific incident which create officer or public safety concerns exceeding those that may typically be associated with tactical canine deployment operations. Absent exigent circumstances, the decision to forego canine deployment announcements must be approved by an SEB supervisor of the permanent rank of lieutenant or above. The justification and circumstances shall also be documented in all subsequent reports.
FORCE REPORTING In instances where a dog bite occurs, the facts shall be reported by the concerned canine handler and search team members to the SEB supervisor and an immediate follow-up investigation shall be conducted. In most instances, canine bites will be investigated by the SEB supervisor, with notification to the Internal Affairs Bureau (IAB) via memorandum. The highly specialized nature of tactical canine deployments, the expertise of the SEB supervisors, and the need for immediate and timely follow up will constitute compelling circumstances under the Department’s force review procedures which allow an SEB supervisor who may have been present and/or directed the deployment to conduct the investigation. However, in instances where canine bites result in hospitalization or any other mandatory notification circumstances occur in conjunction with the apprehension, the SEB supervisor will immediately consult with the on-call IAB lieutenant regarding the circumstances of the deployment and nature of the injuries. The IAB lieutenant will determine if an IAB Force/Shooting Response Team response is appropriate. If an IAB Force/Shooting Response Team responds to assume control of the investigation, the SEB supervisor shall remain and assist them, as needed. All canine bites will be reviewed by the Executive Force Review Committee. An additional level of oversight may be conducted by any entity designated with that responsibility by the Department.
REPORT WRITING Station personnel shall not describe dog bite incidents in their reports. However, they will make reference to the supplemental report(s) written by the canine handler in their reports. Photographs of any injuries which may have been inflicted by a Department canine shall be the responsibility of the SEB supervisor. Unless specifically directed by an SEB or IAB supervisor, station personnel shall not photograph or capture on video any part of the deployment, injuries, or follow-up investigation.
OUTSIDE AGENCY TACTICAL CANINE DEPLOYMENT Deployment and use of force policies of other departments can be quite different from our own. As such, the use of tactical canines from other law enforcement agencies, in support of a Sheriff’s Department operation, should be avoided, except in extreme emergencies which clearly dictate the need for an immediate canine search. When exceptional circumstances dictate the need to utilize a canine team from another agency, the following procedures shall be adhered to: The unit commander, or their designee, from the station making the request or a lieutenant from the Special Enforcement Bureau (SEB), must approve the deployment of other agency canines; The unit authorizing the deployment shall contact SEB and provide the details to the on-duty SEB canine supervisor; When a canine team from another agency is authorized and deployed, they shall be briefed and operate consistent with our Department’s tactical canine deployment policy; and In situations where outside agency canines are used and a bite occurs, watch commanders shall immediately notify SEB and request a canine supervisor. The SEB supervisor shall respond and conduct a follow-up investigation. Additionally, the canine handler from the outside agency shall provide a detailed written report explaining the events.
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TACTICAL CANINE DEPLOYMENT FIELD CHECKLIST
IMMEDIATE PRIORITIES AT THE SCENE OF A POTENTIAL DEPLOYMENT Establish containment. No people or vehicles in/out for the duration of the incident. Containment personnel employ spotlights, exit radio cars and maintain visual from a place of cover. Request Aero Bureau. Unless exigent circumstances exist, do not break containment or enter search area. Request additional personnel. If necessary. Consider adjacent stations’ response teams. Request Canine via SCC. If immediate acknowledgement is not received, telephone SEB Desk at (323) 881-7800. Establish command post and conduct roll call. Once initial containment is firmly established and situation is static.
SECONDARY CONSIDERATIONS Identify and transport to the CP any victims or witnesses who can identify the suspect. For burglaries to residences or businesses: o Contact responsible party and have them respond to the scene. o Check for forced entry and gather any relevant information on activations from the alarm company. o If a search is to be conducted for a suspect outside of the burglarized structure, identify and transport to the CP any witnesses who observed the suspect inside. Interview any witnesses and/or crime partners concerning the identification of suspect/s or weapon/s in his/her possession. Conduct a search of any involved vehicles for evidence of weapons or other criminal activity that may justify a deployment. For any identified suspect where the crime may not rise to deployment status, run a criminal history to check for any recent firearm arrests or significant crimes which may justify the deployment.
COMMON CANINE DEPLOYMENT SITUATIONS AND ASSOCIATED CRITERIA See color chart above.
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BARRICADED SUSPECT(S) MPP 5-06/110.05 BARRICADED SUSPECT, et al.
A barricaded suspect is any person armed or reasonably believed to be armed with a weapon, explosives, or other destructive or dangerous device who occupies and/or fortifies a fixed location and violently, or by threat of violence, resists apprehension by law enforcement officers. Although the presence of a hostage is a complicating factor in a barricaded suspect incident, the initial procedures and tactical considerations are similar. The concepts commonly referred to as the six “C”s -- COMMAND, CONTAIN, CONTROL, COMMUNICATE, COORDINATE, and CONTINGENCY - shall serve as a guide for all personnel involved. A seventh “C” - CRITIQUE - is equally important and shall be performed at the conclusion of any tactical incident. Deputy personnel may request, within reason, any of the Department's resources which may be necessary to resolve the situation. Examples of these resources include, but are not limited to, additional field personnel, a helicopter, a K-9 Unit, a Special Weapons Team and a Hostage Negotiator. All Divisions and Units have the responsibility to furnish the resources requested if not in violation of any standing orders.
COMMAND RESPONSIBILITY The Incident Commander is responsible for the actions of the members of this Department and the outcome of the situation. All Department personnel at the scene shall be subject to his control and shall respond to his directions. The Deputy in charge should not automatically relinquish control to a superior, nor should the superior assume control until each is certain that all available information relating to the incident is thoroughly explained, understood and, to the maximum extent possible, all personnel understand that command and control are being passed, and to whom. The superior cannot, of course, hesitate to take control immediately if he deems that action is necessary or desirable. The Incident Commander shall be responsible for the following: Managing the overall operations - all personnel Activating elements of the Incident Command shall report to the Incident Commander and System; respond to his directions; Establishing a communications network (tactical Primary containment; frequencies); Secondary containment; Managing incident operation, i.e., traffic control; Necessary notifications; Deployment of chemical agents; Establishment of a Command Post; Press liaison; and Requesting required resources; Follow-up investigation. Managing/coordinating resources; The Incident Commander shall make the following notifications in the most expedient manner possible: Watch Commander, who shall respond to the scene without delay;* Unit Commander, who shall respond if necessary; Area Commander or Duty Commander who shall respond if necessary; Sheriff’s Information Bureau, who shall dispatch a representative for press liaison; the Sheriff and major executives of the Department must be personally notified for decisions involving extraordinary incidents, e.g., skyjackings, public figures, political/revolutionary/terrorist groups, those involving numerous suspects and hostages, and/or the safety of large numbers of citizens or employees; Emergency Operations Bureau, in the event of a sustained operation; and Aero Bureau in the event that a temporary airspace flight restriction becomes necessary. Absent exigent circumstances, the Watch Commander shall ensure that an experienced Sergeant remains at the Station/Unit to perform routine Watch Commander duties. If there is no one qualified at the Station/Unit, the Watch Commander shall arrange for a Sergeant from the closest Station/Unit who has worked as a Watch Commander to respond to his Station/Unit in order to assume that role. This concept is known as “moving up resources.” SUPERVISORY DUTIES NOTIFICATIONS REPORTS 1. Watch Commander 1. Department Operations Log (By W/C) 2. Unit Commander (By W/C) 2. Chief Memorandum (By W/C) 3. Division Commander (By W/C) 3. First Report (SH-R-49) 4. IAB (If Category 2 or 3 Force was used) 4. Supplemental Reports 5. SIB Operations Log (By W/C) 5. Supervisor’s Report on Use of Force (SH-R-438P) / If force was 6. SEB Operations Log (By W/C) used.
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ELECTRONIC IMMOBILIZATION DEVICE (TASER) PROCEDURES (PATROL ONLY) MPP 5-06/040.95 The TASER is a less lethal hand held electronic immobilization device used for controlling assaultive/high risk persons. The purpose of this device is to facilitate a safe and effective response in order to minimize injury to suspects and deputies.
Use of the Electronic Immobilization Device (TASER) The following policy guidelines shall be adhered to: Only a Department-approved TASER shall be utilized by personnel; A TASER shall be issued to and used only by those personnel who have completed the Department's TASER Training Program; Personnel authorized to carry a TASER on duty, may purchase a Department-approved TASER for on and off duty use; Personnel authorized to carry a TASER and issued or using a personal TASER, shall carry the TASER on their person, in a Department-approved TASER holster, as specified in the Department-approved TASER Training Program; Prior to the use of the TASER, whenever practical, Department personnel shall request a supervisor; Any individual subjected to an application of the TASER, in either the "probe" or the "touch/drive stun" mode, shall be taken to a medical facility prior to booking, for appropriate medical treatment and/or removal of the probes; and Application of the TASER shall be discontinued once the suspect does not pose an immediate threat to themselves, Department personnel or the public. Except in emergent circumstances, the TASER should not be applied to the following or used in any other situation where there is a reasonably foreseeable likelihood of severe injury or death. In the extraordinary instance that Department personnel feel compelled to utilize the TASER in the following circumstances, the conduct of the involved personnel shall be evaluated in accordance to the Use of Force policy with sound tactical principles. Handcuffed persons; Persons detained in a police vehicle; Persons detained in any booking or holding cell; Persons in control of a motor vehicle; Persons in danger of falling or becoming entangled in machinery or heavy equipment which could result in death or serious bodily injury; Persons near flammable or combustible fumes; Persons near any body of water that may present a drowning risk; and Persons known to have a pacemaker or known to be pregnant. The Custody Division Manual may define criteria for a unique application of the TASER within a custodial setting.
Verbal Warning Unless it would compromise officer safety or is impractical due to circumstances, a verbal warning of the intended use of the TASER shall precede the activation of the device in order to: Provide the individual with a reasonable opportunity to voluntarily comply; and Provide other sworn personnel and individuals with a warning that a TASER may be activated. The fact that a verbal and/or other warning was given or reasons it was not given shall be documented in any related reports. Authorized Department personnel discharging a TASER shall request the response of a supervisor if not already en route or on-scene.
Reporting the Use of the Electronic Immobilization Device (TASER) The use of the TASER, either by utilizing the probes or the touch/drive stun mode, shall be reported as a "significant" use of force as defined in the Department Manual of Policy and Procedures, section 3-10/100.00, "Use of Force Reporting and Review Procedures." Whenever a use of a TASER requires force reporting, a download of the TASER stored data and video shall be conducted and submitted with the force package.
Personally Owned Electronic Immobilization Devices (TASER) Authorized Department personnel shall only carry Department authorized Electronic Immobilization Devices (TASER) whether on or off- duty. Personally owned TASERs shall be available for computer download upon the request of a supervisor. The device shall meet the specification of the Weapons Training Center, and shall only be used in accordance with this section. Department personnel shall record all personally owned Department-authorized TASERs (carried on-duty and off-duty) with Personnel Administration when the devices are purchased or obtained, sold or disposed of, stolen or lost. Revised 01/15/16
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TOTAL APPENDAGE RESTRAINT PROCEDURE (TARP) MPP 3-01/110.22
HOBBLE RESTRAINT - "RIPP HOBBLE" - MPP 3-03/270.00 The only Department-approved hobble is the "Ripp Hobble" which is made of one-inch wide polypropylene webbed belting with a tested strength of 700 pounds. The hobble has a one-inch wide steel, alligator-jawed, friction-locking clip and steel- snap swivel. The overall length of the hobble shall be a minimum of 42 inches. All other hobbles are unauthorized.
Any deviation from these procedures shall be under the most compelling of circumstances, and the reason(s) for such action shall be clearly articulated in the Force Review Package, Watch Commander's memorandum: Except for Department-approved training purposes, only those personnel who have received Department-authorized training in the use of the TARP may employ it on a person, When possible, a Field Supervisor shall respond to the scene, prior to the TARP being applied. Otherwise, the Field Supervisor shall immediately be summoned to the scene whenever a person has been TARPed, A person who has been TARPed shall remain TARPed until it appears their behavior no longer poses a serious or significant threat to their own safety, the safety of others or the potential of damage to property, Personnel shall continuously monitor the respiratory status and level of consciousness of all persons restrained with the TARP, Every effort shall be made to ensure that a TARPed person either remains on their side (the left side is preferable) or is seated upright, When possible, emergency medical services personnel shall be requested to the scene, prior to the TARP being applied. Otherwise, emergency medical services personnel (e.g., paramedics, jail medical staff, etc.) shall immediately be requested to the scene whenever a person has been TARPed. This includes situations in which the person has been removed from the TARP prior to the summoning or arrival of emergency medical services personnel, Medical clearance for booking the TARPed person may be obtained from the emergency medical services personnel on scene, unless they recommend the TARPed person be evaluated at a medical facility. In these instances, the TARPed person shall be transported to a medical facility for a booking clearance, Every effort shall be made to videotape a TARPing incident including, but not limited to, the person=s behavior prior to the TARPing, the actual application of the TARP and the person=s position and behavior after they have been TARPed, If a TARPed person stops breathing, they shall be removed from the TARP and the handcuffs taken off their wrists, leaving only the legs hobbled. Cardiopulmonary Resuscitation (CPR) procedures shall immediately be started and continued until relieved by emergency medical services personnel. Sufficient back-up Deputies should be present in case the person regains consciousness and becomes violent, If a person must remain TARPed, they shall be transported via ambulance. Deputy personnel shall always follow the instructions of the emergency medical services personnel when securing a TARPed person for ambulance transport. A Deputy should either remain in the ambulance to provide security or, if this is not possible, follow the ambulance via radio car. A "hobbled" person may be transported via radio car. They shall be seated upright in the rear seat of the radio car and secured by a seat belt. The long lead of the Ripp Hobble will be placed outside of the rear door. The rear door shall be closed and the long lead will then be placed in the adjacent front door of the radio car, leaving the lead's clip end on the front floorboard. The front door can then be closed, thus preventing the long lead from becoming entangled in the rear tire of the radio car.
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NOTIFICATION AND REPORTING OF SIGNIFICANT INCIDENTS FIELD OPERATIONS DIRECTIVE: 86-11 As a field unit, you must notify the Watch Commander in any of the following incidents, which are examples, as other incidents may require notifications:
1. Arrest or detention of an employee 2. Death or serious injury (hospitalization) to an employee, on or off-duty 3. Employee relieved of duty (Confidential log entry) 4. Deputy-involved shooting 5. Employee-involved traffic collisions with serious injuries (hospitalization) 6. Homicides and kidnapping 7. Significant narcotic arrests/seizures 8. Special Weapons Team Responses 9. Plane crashes 10. Disasters 11. Riots (minor inmate disturbances do not require a log entry) 12. Escapes (including significant attempts) 13. Arson 14. Hate crimes 15. Terrorist activities 16. Significant incidents in custodial facilities 17. Tactical responses from one Department unit to another Department unit 18. Non-routine assistance to other law enforcement agencies (mutual aid) 19. Interviews by the media on Department policy matters or significant incidents 20. Facility inspections by other county or government agencies 21. Major mechanical failure in any Department facility that impacts services 22. Local court decisions affecting the Department (injunctions, decision in false arrest suit, etc.) 23. Significant decisions of the Civil Service Commission which might affect Department policy 24. Any significant incident involving a contract city or an elected official (local election results, etc.) 25. Inmate death (natural, accidental, homicide and/or suicide) 26. Any other unusual event that would be of interest to the Sheriff or Department Executives.
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LESS-LETHAL WEAPONS MPP 5-06/040.00 - 5-06/040.95 BATON LAUNCHING PLATFORMS 37mm rounds are supplied in both a "Low Energy" and "Standard Energy." Minimum range for either round is three feet. 40 mm launching platform ammunition is available in various configurations for the use on individual targets or area of effect, such as group dispersal. Minimum range for 40 mm ammunition is three feet for indirect fire (skip fire) and five feet for direct fire. 12 GAUGE STUNBAG WEAPONS Minimum range for the Stunbag is 30 feet. Firing the Stunbag under the minimum distance may cause projectile penetration. DEPLOYMENT OF NOISE/FLASH DIVERSIONARY DEVICES A Stingball Grenade is a NFDD which explodes to disperse small rubber balls, accompanied by a loud noise and bright flash designed to disorient subjects. A Flashbang Grenade is a NFDD which explodes with a loud noise and bright flash designed to disorient subjects but does not disperse projectiles. Personnel using NFDD grenades must wear suitable eye and hand protection while handling or throwing grenades.
SA200 AND TAC 700 PEPPERBALL LAUNCHER The SA200 and TAC 700 Pepperball Launchers are designed as less lethal weapons for use in a wide variety of tactical applications encountered within law enforcement. They may be used as an area treatment device to deploy chemical agents upon resistive suspects or as a direct fire weapon on assaultive / high risk suspects.
PROCEDURE FOR USE OF INDIVIDUALLY ISSUED OLEORESIN CAPSICUM (OC) AND OC+ CHLOROBENZYLIDENE MALONONITRILE (CS) BLENDED AEROSOL AGENTS Personally issued aerosol chemical agents are dispensed from the following canisters: Two or four ounce OC spray, Two or four ounce OC+CS blended agents spray. Maximum effective range is 10-12 feet. Each uniformed personnel from the rank of Lieutenant and below will be issued OC or OC+CS blended agents upon completion of the required training. PROCEDURE FOR USE OF TACTICAL CANISTERS OF OC AND OC+CS BLENDED AEROSOL AGENTS Authorized agents may be used in situations where a Sergeant or Team Leader must direct physical force to protect Deputies and other persons from assault, to overcome resistance, to effect an arrest, or to restrain a violent person in custody when it is apparent that individually issued chemical agents would be less effective.
AUTHORIZATION FOR USE OF CS CHEMICAL AGENTS The use of CS agents may be authorized by the Watch Commander or, if applicable, the Incident Commander, or by a Sergeant. The person authorizing the use of CS agents shall be held accountable for its use and be fully prepared to justify that decision. Currently, CS grenades utilized by the Department are of the flammable type. Fire equipment shall be requested to the scene prior to the use of burning type gas inside a structure. DECONTAMINATION AND MEDICAL CLEARANCE PROCEDURES All individuals affected with Oleoresin Capsicum, OC+CS blended agents, or CS agents shall be transported without delay to the Station where the individual can self-decontaminate. In a case where Oleoresin Capsicum, OC+CS blended agents, or CS agents aggravate an existing condition or causes a medical condition, medical clearance shall be obtained through a qualified medical facility, paramedic evaluation or other medical practitioner (i.e., registered nurse, licensed vocational nurse or EMT). 40-MM FERRET AND 12-GAUGE PROJECTILES The 40-MM Ferret and 12-gauge non-flammable CS chemical agent projectiles are designed to be used against suspects who have barricaded themselves. Only personnel assigned to S.E.B. are authorized to use these munitions.
PARACHUTE FLARES The use of parachute flares may be authorized by the rank of Captain and above. Because of the extreme fire hazard, fire equipment shall be requested at the scene prior to the use of parachute flares. Flares may not be used in fire hazard areas. CHEMICAL AGENT USE REPORT This form shall be used in all instances when CS chemical agents are used. ELECTRONIC IMMOBILIZATION BELT Upon approval by the Unit Commander, or by court order, personnel assigned to Major Crimes Bureau conducting prisoner extraditions may use the Electronic Immobilization Belt, in accordance with established Department procedures. Activation of the Electronic Immobilization Belt, while it is being worn, shall be in accordance with the Department's Situational Use of Force Options Chart in the "High Risk/Assaultive" category.
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MOBILIZATION PHASES MPP 5-06/020.00 - 5-06/020.25 A "Major Emergency" is defined as an unscheduled situation, the control of which requires the assignment of a large force of law enforcement personnel. The Mobilization Plan used in major emergencies is defined in five sections: Tactical Alert and four progressive mobilization phases. The 12-hour schedule identified in the Mobilization Plan will create two 12-hour operational periods, generally 0600-1800 and 1800-0600 hours. Regular days off (RDO) and approved absence requests shall not be canceled unless the Unit Commander determines that he must do so in order to fulfill minimum staffing and mobilization commitments, or unless ordered canceled by the Incident Commander. TACTICAL ALERT A Tactical Alert is the preliminary step to personnel The following Units shall be advised of the mobilization. It includes the controlled redistribution Tactical Alert situation: of on-duty personnel. A Tactical Alert may be Emergency Operations Bureau, initiated in selected Stations, all Stations or any Special Enforcement Bureau, Department facility. Sheriff's Headquarters Bureau, Station Commanders shall be prepared, at all times, Aero Bureau, to redeploy approximately 50 percent of their field Sheriff's Communications Center, strength. Those Units are to be predesignated with Designated Stations and support a ratio of one Sergeant for every four two-man units. Units. MOBILIZATION PHASE I The Incident Commander will be the Phase I shall include the following on-duty Captain or designated Watch Commander personnel: of the responsible Station or facility. Emergency Operations Bureau, The concerned Division Chief shall determine if Special Enforcement Bureau, an Area Command Team should be deployed Responsible Station or facility, based on the size, complexity or intensity of Adjacent Stations or designated the incident. The concerned Division Chief shall determine when to enter Phase II. Department facilities. MOBILIZATION PHASE II The Incident Commander will be the Area or Duty Phase II provides for complete Commander. mobilization of: Phase II is in effect when the condition escalates Emergency Operations beyond the capabilities of the initial response Units of Bureau, Phase I. Special Enforcement The Chief of the concerned Division, the Department Bureau, Incident Commander or the EOC Team Chief, shall Designated Stations, make the decision to enter Mobilization Phase III. facilities and support Units. MOBILIZATION PHASE III The Incident Commander will be the Chief of the Field Operations Region originally concerned, or his Phase III designates total mobilization designated alternate. of the patrol divisions. The Sheriff, or his designated alternate, shall make the decision to enter Mobilization Phase IV. MOBILIZATION PHASE IV The EOC Team Chief will remain the Department Incident Commander during a Phase IV mobilization. Phase IV requires total mobilization of Upon the activation of the County EOC, the EOC Team the Department. Chief will assume the position of DDEO and his chief of staff (a Commander) will take command of the DOC.
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MDC AND CAD OPERATIONS VEHICLE STOP/PEDESTRIAN STOP/BICYCLE STOP SCH AUTH / VEH SRCH - Authority to Conduct Search A ...... Incident to Arrest 840 - Traffic Stop (Vehicle) C ...... Consent Search 841 - Pedestrian Stop E ...... Evidence of Criminal Activity 842 - Bicycle Stop I ...... Inventory (Vehicle) 843 - Logging Additional Detained Persons on OBS or CALL N ...... Not Searched O ...... Odor of Contraband When 840, 841, 842, or 843 is used, you MUST complete R ...... Condition of Probation/Parole the applicable contact fields. Contact Information Fields V ...... Contraband Visible can also be used on ASSIST clearances (778, 779, & 780). W...... Weapons Patdown (Reasonable Suspicion Detainee is Armed)*+ X ...... Other (See MDC Narrative) CONTACT INFORMATION FIELDS: PC STOP - Reason for Contact CONT 1 (Primary Contact) A ...... Render Assistance CONT TYPE (Single Letter Contact Type Code) B ...... Business & Professions Code LN, FN (Last Name 15 Letters, First Name 10) C ...... Consensual Encounter SEX, RAC, DOB (M or F, Race, MMDDYY Birthdate) F ...... Federal Code SCH AUTH (Authority to Conduct Search of Person) H ...... Health & Safety Code ASK PROB/PAR (Asked if on Probation/Parole, Y or N) ANSR (Only if asked PROB/PAR, Answer Y/N) L ...... B.O.L.O. / A.P.B. BSDLEN (Backseat Detention Minutes 000-999) O...... City--County Ordinance CONT 2 (For ONE Additional Person) P...... Penal Code V IMP/STO (Vehicle: Impound (I), Store (S), or No (N) R ...... Reasonable Suspicion* VC (Impound/Storage Authority VC Section) S...... Call for Service PC STOP (Reason Code for Contact/Detention) V...... Vehicle Code SEC (Code Section #, up to 6 Characters) W...... Welfare & Institutions Code VEH SRCH (Authority to Conduct Search of Vehicle) X...... Want/Warrant on License Plate CONTRABAND SEIZED (Use from 1 to 5 of the 2-Letter Contraband Codes) CONTRABAND - Type of Contraband Seized CH...... Cash CONTACT INFORMATION CODES: CS...... Controlled Substance(s) IP...... Illegal Property CONT TYPE - Contact Type Code NS...... No Seizure A ...... Suspicious Circumstances - Family Abuse SP...... Suspicious Property (R.C.) B ...... Back Seat Detention: Veh/Ped/Bike Stops* VH...... Vehicle(s) C ...... Back Seat Detention: Call for Service* WP...... Weapons(s) *Back Seat Detention (BSD) codes shall be used as the primary code in the Contact Type field to document all BSD’s, except * Reasonable Suspicion Stops, BSD’s, and Weapons when logging a child, who is a victim in Family Abuse incident. Patdowns require justification for the stop, BSD, and/or search D ...... Detainee--Driver and shall be noted in the narrative portion of the deputy’s log I ...... Informant keeping in mind the 4th Amendment and/or Terry v. Ohio P ...... Party (Domestic Violence) concerns. R ...... Reporting Party (Domestic Violence) S ...... Suspect--Subject + Newly Added Codes V ...... Victim W ...... Witness Logging Additional Detained Persons: RAC - Race of the Person(s) contacted A ...... Asian Create a new OBS entry, clear OBS using stat code 843, and enter B ...... Black the appropriate reference number into the new REFCALL field. H ...... Hispanic Complete all applicable and required Contact Information Fields (up I ...... Native American to two detainees). Repeat as needed to document all detained P ...... Pacific Islander persons. W ...... White O ...... Other REFERENCE NUMBER is comprised of the three-letter station pneumonic, Julian date (five digits), and original tag number (four digits). See example: LAN16055-0223
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NEW CLEARANCE REQUIREMENTS FOR LOGGING FIELD ACTIVITY NEWSLETTER VOLUME 16 NUMBER 16 DATE: September 6, 2016
Reprogramming of the MDC/CAD system was necessary to capture additional information for each person detained pursuant to a settlement with the Department of Justice. These upgrades will enhance the Department’s ability to gather data related to traffic stops, back seat detentions, probation/parole contacts, and vehicle impound/storage authorities. With continued self-evaluation and assessment of data collection, the Department is committed to documenting its dedication to Constitutional Policing.
Entering Contact Information on Assists: Clearance codes 779 (OBS Assist) and 780 (Assigned Assist) have both been reprogrammed to allow entry of information into the Contact Information Fields, which were previously only allowed on 840/841/842 clearance codes.
Reference Call and New Clearance/Stat Code: Logging contact information on detainees is now limited to two persons per tag clearance. When more than two people are detained related to the same incident, additional observation (OBS) tags must be created to capture complete contact information on all remaining detained persons not logged in the original tag by linking them with the new Reference Call (REFCALL) feature. The additional OBS tag will be cleared using the REFCALL field, along with the new stat code 843: Logging
Additional Detained Persons on OBS or CALL. Utilizing the new REFCALL field when logging additional detained individuals will link these additional tags to the original tag. This includes assist OBS and assigned assists, linking the contact information to the handling unit’s call or OBS.
Use of the REFCALL field in conjunction with the new stat code 843: Logging Additional Detained Persons on OBS or CALL, will allow all contact-related information to be linked in one incident. Field personnel must use stat code 843 to log additional detained individuals which were not logged by the original unit or by the assisting or OBS calls using 779 or 780 clearance codes by creating a supplemental OBS and entering a reference number in the REFCALL field. Stat code 843 cannot be used in conjunction with other clearance/stat codes. If stat code 843 is used, at least one set of contact information for one individual must be entered. The REFCALL field requires a reference number associated with the original or handling unit’s tag. The reference number is comprised of three elements: the three letter station pneumonic, Julian date, and original tag number. The Julian date can be found on the bottom right- hand corner of all SMS in-services.
Example: LAN16055-0023 LAN16055-0023: Three letter station pneumonic LAN16055-0023: Julian date = first two digits are the current year (16) + number of days elapsed since the beginning of the year (55th day of the year) LAN16055-0023: Original tag number (4 digits)
Field personnel may also use this system if they respond to a non-assigned station and assist, see example below. Scenario: Lancaster Station has a call-for-service that requires units from Palmdale Station to respond and assist. Each assisting unit from Palmdale Station creates an OBS showing them assisting the units from Lancaster Station. When the units from Palmdale Station clear their calls, they will use stat code 779
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and enter the Reference Number (LAN16055-0023) associated with Lancaster Station’s handling unit’s tag into the REFCALL field. By doing so, the Department will be able to capture all of the information associated with that specific call or observation in one Incident History, even if the information is coming from multiple units and stations.
Probation / Parole Status of Detained Person:
A new field has been added to track probation/parole contacts. With the addition of the “ASK PROB/PAR” field, deputy personnel must log when they DO or DO NOT ask a detained individual if they are on probation or parole by entering “Y” if they DO ask, or an “N” if they DO NOT ask. The detained individual’s answer to the question must be entered into the new “ANSR” field as “Y” for yes or “N” for no. Note: If stat codes 840, 841, 842, or 843 are used, these new fields require entries.
Back Seat Detentions: Back seat detentions (BSD) Contact Type codes “B” and “C” must be used when logging individuals detained in the back seat of any Department vehicle for investigative purposes for any period of time. With the addition of the back seat detention length (BSDLEN) field, deputy personnel are now required to enter the number of minutes an individual was detained in the back seat. This new field requires a three digit entry, for example: if the duration of the BSD is 9 minutes, the entry will be 009, if the duration of the BSD is 35 minutes, the entry will be 035. If there is no BSD then an entry of 000 must be entered in the field.
Note: If stat codes 840, 841, 842, or 843 are used, this new field requires an entry.
Vehicle Impound / Storage and Storage Authority Vehicle Code: With the addition of the Vehicle Impound/Storage (VIMP/STO) and Vehicle Code (VC) fields, deputy personnel must log when they impound or store a vehicle by entering “I” for impound, or “S” for storage. When an “I” or “S” has been entered, the storage authority vehicle code must be entered in the new “VC” field. If there is no impound or storage, deputy personnel must enter “N” for no in the VIMP/STO field.
Note: The new VIMP/STO field may be utilized without entering an individual’s contact information, however, if stat codes 840, 841, 842, or 843 are used, this field requires an entry.
SCENARIO #1:Clearing Traffic Stop, Detaining three Details: Lancaster Station, Julian date from in-service reads: 16038, Tag 291
Deputy logs contact information of first two detained individuals, and clears the tag with all applicable clearance/stat codes. Creates an additional observation tag, logs contact information of third detained individual.
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Clears the additional observation tag with stat code 843, and enters the Reference Number assigned to the original tag into the REFCALL field: LAN16038-0291. Conclusion: Complete contact information for all three detained individuals has been documented using two separate clearances and subsequently merged into one Incident History related to the original tag, 291.
SCENARIO #2: Burglary Alarm Call, Handling Unit detains one, Assigned Assisting Unit detains three. Details: Lancaster Station, Julian date from in-service reads: 16064, Tag 512
Handling unit logs contact information for one detained individual, and clears the tag with all applicable clearance/stat codes. Assigned assisting unit logs contact information for two detained individuals, and clears the tag with 780. Assigned assisting unit creates an additional observation tag, logs the contact information of the third detained individual. Clears the additional observation tag with 843, and enters the Reference Number of the original tag into the REFCALL field: LAN16064-0512. Conclusion: Complete contact information for all four detained individuals has been documented by two separate units using three separate clearances, and subsequently merged into one Incident History related to the original tag, 512.
SCENARIO #3: Self-initiated Observation Entry, Handling Unit detains two, requests back up for five additional detained individuals. Details: Lancaster Station, Julian date from in-service reads: 16055, Tag 457
Handling unit logs contact information for two, and clears the tag with all applicable clearance/stat codes. Assisting unit creates an OBS, logs the contact information of the first two additional detained individuals. Clears the OBS with stat code 779 and enters the Reference Number of the handling unit’s original tag into the REFCALL field: LAN16055-0457. Second assisting unit creates an OBS, logs the contact information of two more of the detained individuals. Clears the OBS with stat code 779 and enters the Reference Number of the handing unit’s original tag into the REFCALL field: LAN16055-0457. Additional assisting unit creates an additional OBS, logs the contact information of the last detained individual. Clears the additional OBS with stat code 843, and again enters the Reference Number of the handling unit’s original tag into the REFCALL field: LAN16055-0457. Conclusion: Complete contact information for all seven detained individuals has been documented by three separate units using five separate clearances, and subsequently merged into one Incident History related to the original tag, 457.
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CAD OPERATIONS
CORRECTING ERRORS ON THE CAD TERMINAL
SIGN ON Type “ON” and press send. Enter your employee number & password AND press the SEND key
REVIEW YOUR WORKSHEET This will indicate any errors o (Example: overlapping tags, unallocated minutes not logged, etc.) Type: “WS” (for Worksheet) space [Unit ID/Shift] space [Date] o (Example: “WS 212T4/D 020515”) press the SEND key
REVIEW DEPUTY DAILY WORKSHEET (DDWS) Type: DDWS space [Unit/Shift] space [Date] (Example: “DDWS 212T4/E 020515”) press the SEND key
CHANGE LOG
Change Log (“CHGL”): to update/correct ANY DDWS RELATED INFORMATION, i.e. SHIFT TIMES, PATROL AREA/Time (RD/Unallocated), PATROL TIMES, CLASS CODE (Example “G”- 1 man unit, “H”- 2 man unit, “X”-Ujima OT), etc. From a clear screen, type “CHGL” space [Unit/Shift] space [Date] and press the SEND key. You will then see “ULG***” in the upper left corner along with your Unit information. type “U” after “ULG” to update your corrections (it should say “ULGU**”) Make the appropriate corrections (i.e. update the correct RD, put your unallocated minutes in, change your classification, etc.). Press the SEND key (If you have done it correctly you should see “RECORD UPDATED” in the lower left corner of the CAD terminal).
***RUN A “WS” AFTER TO VERFIY YOUR LOG IS CORRECT AND ERROR FREE***
RECALL AND FIX A CERTAIN TAG/S:
RSP: to update/correct INFORMATION SPECIFIC TO ANY INCIDENT/Tag (ADJUSTING ENR, 10-97 OR 10-98 TIMES), REPORTING DISTRICTS (Only use the RDs for which you are assigned to, i.e. LAN units only use RDs 1100-1197-2177) Arrest stats/reports not entered, etc.
To recall an Incident/Tag you will need the Julian date for the tag you are trying to correct. To Get The Julian Date: Type: DATE MMDDYY and press the SEND key) (Example: DATE 050603 to obtain the Julian date for May 6, 2003).
After you have your Julian date, from a clear CAD screen, type “RSP” and press the SEND key: You will now see “RSP***” in the upper left corner of the screen along with many other blank spots to fill in the appropriate information. Type “R” after “RSP” to recall an incident (it should say “RSPR**”). Tab over to “INC” and enter “LAN”, the Julian date, dash (-), and the Incident/Tag number (the
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Tag number needs to be a 4-digit number, (Example: “0021”) You should see something similar to this: “INC LAN15027-0021” Next enter your “UNIT”. Tab over to “SHIFT” and enter your shift (Example: “E” for Ems, “D” for Days, and “P” for PMs) press the SEND key.
You have now recalled the Incident/Tag you are going to correct.
Now to update your Tag, type “U” after “RSP” (it should say “RSPU**”). Now make necessary changes: Example: correct RD (Again, only use the RD for which you are assigned to), your corrected ENR, 10-97, 10-98 times (*NOTE*, enter your corrected times in the second line, to the right of the “OVERRIDE:” line, NOT the top line “STATUS TIME” section), enter any Arrest stats/Reports you may have forgotten to account for, any citations #s, and any other pertinent information you would like reflected in that particular Clearance. Once all the information has been inputted, press the SEND key. If you have done it correctly, you should see “Record updated” in the lower left corner of the CAD screen.
***RUN A “WS” AFTER TO VERFIY YOUR LOG IS CORRECT AND ERROR FREE***
INFORMATION SPECIFIC TO A VEHICLE
UVEH to update/correct INFORMATION SPECIFIC TO A VEHICLE DRIVEN DURING A SHIFT, BEGINNING & ENDING MILES, VEHICLE NUMBERS, MOBILE RADIO NUMBERS.
From a clear screen, type UVEH and press the SEND key Retrieve a record by placing an R over the first asterisk (Example: UVEHR**) Enter your [Unit/shift] space [Date] and press the SEND key The SEQUENCE NUMBER is 99 for the first vehicle driven, 98 for the second vehicle, 97 for the third vehicle, etc. Update the record by placing a U over the first asterisk (Example: UVEHU**) Make the necessary changes and press the SEND key
UPDATED 2015 MDC GUIDE WITH COLOR PHOTOS
LASD’S INTRANET SITE: http://intranet.lasd.sheriff.sdn/intranet/bureaus/cfmb/
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PROPOSITON 47 Source: San Diego County Sheriff
PROPOSITION 47
On November 4, 2014, the voters of California passed Proposition 47, a law that reduces certain felonies to misdemeanors.
REPORTING PROCEDURES: At this time there are no changes to Sheriff's reporting procedures for misdemeanors or felonies. Please refer to Sheriff's Department Policy and Procedures Manual as well as the Patrol Procedures manual for further information.
Effective November 5, 2014, the following crimes are now misdemeanors:
1. Drug cases: Simple possession – personal use - of all drugs will be a misdemeanor. HS 11350, and HS 11377. No limitation on amount possessed. These are misdemeanor crimes unless: 290(c) PC registrant, or Prior conviction for Super Strike*
2. Theft or Receiving stolen property worth less than $950 PC 487, PC 666-484, PC 496, PC 473, & PC 476. All these crimes are now misdemeanors unless: 290(c) PC registrant, or Prior conviction for Super Strike*
As for commercial burglary related to the theft- there is a new crime of PC459.5-Shoplift Burglary -if theft was for less than $950 then the burglary is a misdemeanor. But if the theft occurs after hours or the amount is over $950 then it is still a felony (see below.)
PC 459.5 SHOPLIFT BURGLARY Entering commercial establishment with intent to commit larceny During regular business hours Amount of intended item to be stolen is under $950Misdemeanor unless; 290 Registrant Prior Conviction for Super Strike*
Suspects cannot be charged with petty theft and shoplifting.
STILL PC 459 (FELONY) IF: Amount stolen or intended to be stolen is greater than $950 Non-retail establishment Dentist Office Bank After Business Hours Example: Forced entry into a closed business Vehicle Burglary
PER PC 490.2 ALL THEFTS ARE NOW A PETTY THEFT UNLESS: Value is over $950 PC 290 registrant Or, Prior Conviction for Super Strike*
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This applies to:
Grand Theft Person – PC 487(c) Automobiles – PC 487(d)(1) Firearms – PC 487(d)(2) Avocados/Fruit Animals – PC 487a Theft of an access card – PC 484e
PC 473
Check, bond, bank bill, note, cashier’s check, money order or traveler’s check under $950 Cannot add total of all checks, bills, or money orders to meet $950 threshold Not a misdemeanor if also convicted of ID theft per PC 530.5 Always a misdemeanor unless value is greater than $950, Prior Super Strike* conviction or 290 registration
PC 476A
Check fraud under $950 for total amount of bad checks Can add total of all checks to meet $950 threshold Always a misdemeanor unless value is greater than $950, Prior Super Strike* conviction or 290 registration Can charge as a felony if Three (3) Priors
The following charges can be a felony if greater than $950 WITH a PC 290 Registrant or has a prior conviction for Super Strike* PC 470(d) PC 475(a) PC 475(b) PC 476
The following charges can only be a felony if suspect is a PC 290 Registrant or has a prior conviction for Super Strike* PC 484e(a) PC 484e(b) PC 484e(d)
Note: These new misdemeanors may impact Your ability to arrest for certain crimes not committed in your presence, Your ability to book a suspect into jail for the misdemeanor, and Your ability to get a search warrant to recover evidence of the crime.
Undoubtedly this will be an evolving area for law enforcement for the next few months. To aid in your patrolling efforts the jails have amended their booking criteria to accept certain additional misdemeanors to those already in place. See Jail Booking Criteria for details.
*SUPER STRIKE PRIORS ARE LISTED BELOW. WHEN CONDUCTING A RECORDS CHECK OF INDIVIDUALS OR PULLING A RAP SHEET TO CONFIRM CONVICTIONS, LOOK FOR THE FOLLOWING SUPER STRIKE OFFENSES.
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INCLUSIONARY PRIORS PC 290(C)/PC 667(E) (2) (C) (IV)/PC 666 THIS LIST IS NOT EXHAUSTIVE. The Proposition 47 list of specified prior convictions includes any serious and/or violent felony offense punishable by life imprisonment or death. Many are listed below. P.C. 37 Treason (a life crime) P.C. 128 Perjury Causing the Execution of an Innocent Person (a life crime) Conspiracy to Commit a Crime Punishable by Life or Death, or Conspiracy to Commit Any P.C. 182 Offense Specified in P.C. 290(c) P.C. 187 Mur der (and attempted murder—see P.C. 664–187, below) P.C. 191.5(a) Gr oss Vehicular Manslaughter While Intoxicated P.C. 191.5(b) Vehicular Manslaughter While Intoxicated (formerly P.C. 192(c) (3)) P.C. 205 Aggravated Mayhem (a life crime) P.C. 206 Torture (a life crime) P.C. 207 Kidnapp ing (if the intent is to commit P.C. 261, 262, 264.1, 286, 288, 288a, or 289) P.C. 209(a) Kidnapp ing for Ransom or Extortion (a life crime) P.C. 209(b) Kidnapp ing to Commit Robbery or a Sex Crime (a life crime) P.C. 209.5 Kidnapp ing in the Commission of Carjacking (a life crime) P.C. 217.1(b) Att empted Murder of a Gov’t Official (a life crime) P.C. 218 Acting With Intent to Derail or Wreck a Train (a life crime) P.C. 219 Derailing or Wrecking a Train (a life crime) P.C. 220 Assault With Intent to Commit a Sex Crime (but not mayhem) Human Trafficking With the Intent to Effect a Specified Violation (e.g., pimping, pandering, P.C. 236.1(b) obscene matter) P.C. 236.1(c) Human Trafficking Involving Inducing a Minor to Commit a Commercial Sex Act P.C. 243.4 (F/M) Sexual Battery P.C. 245(d) (3) Assault on a Peace Officer or Firefighter P.C. 261(a) (1), Rape (except submitting under false belief (a) (5) or threatening to use the authority of a (2),(3), (4) & (6) publ ic official (a) (7)) P.C. 262 Spousal Rape (if by force, violence, duress, menace, or threat to retaliate) P.C. 264.1 Rape or Sexual Penetration in Concert P.C. 266 (F/M) Ent icing or Procuring a Female for Prostitution or Illicit Purposes P.C. 266c (F/M) Ind ucing a Sex Act by a False Representation Creating Fear P.C. 266h(b) Pimping Involving a Victim/Prostitute Who is a Minor P.C. 266i(b) Pandering Involving a Victim/Prostitute Who is a Minor P.C. 266j Providing or Transporting a Child Under Age 16 for a Lewd Act P.C. 267 Abd ucting a Minor for Purposes of Prostitution P.C. 269 Aggravated Sexual Assault of a Child (a life crime) P.C. 272 (M) Contribut ing to the Delinquency of a Minor if Lewd or Lascivious Conduct is Involved P.C. 273ab Assault on a Child Under Age 8 That Results in Death (a life crime) P.C. 285 Incest P.C. 286 (F/M) Sodomy P.C. 288 (F/M) Lewd or Lascivious Act on a Minor or Dependent Person P.C. 288a (F/M) Oral Copulation Distributing or Exhibiting Harmful Matter to a Minor for the Purpose of Seduction (only a P.C. 288.2 felony violation of P.C. 288.2 is a Prop. 47 disqualifier) P.C. 288.3 Contacting or Communicating With a Minor with the Intent to Commit a Specified Offense Arranging a Meeting with a Minor or Person Believed to be a Minor for Purposes of P.C. 288.4 (F/M) Engaging in Lewd Behavior P.C. 288.5 Continuous Sexual Abuse of a Child P.C. 288.7 Sex Act With a Child Age 10 or Younger (a life crime) P.C. 289 (F/M) Sexual Penetration
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Sending, Bringing, or Possessing Obscene Matter Depicting a Person Under Age 18, P.C. 311.1 (F/M) With the Intent to Distribute or Exhibit Sending, Bringing, or Possessing Obscene Matter Depicting a Person Under Age 18, With P.C. 311.2(b) the Intent to Distribute or Exhibit, for Commercial Consideration Sending, Bringing, or Possessing Obscene Matter Depicting a Person Under Age 18, With P.C. 311.2(c) (F/M) the Intent to Distribute or Exhibit to a Person Age 18 or Older Sending, Bringing, or Possessing Obscene Matter Depicting a Person Under Age 18, With P.C. 311.2(d) the Intent to Distribute or Exhibit to a Person Under Age 18 P.C. 311.3 (F/M) Sexual Exploitation of a Child P.C. 311.4 (F/M) Using or Permitting a Minor to Pose or Model for Obscene Matter P.C. 311.10 (F/M) Advertising for Sale or Distribution Obscene Matter Depicting a Person Under Age 18 P.C. 311.11 (F/M) Posse ssion of Child Pornography P.C. 314.1 (F/M) & Indecent Exposure P.C. 314.2 (M) P.C. 368(d) (F/M) Elder or Dependent Adult Fraud by a Non‐Caretaker (applies only to P.C. 666 offenses) P.C. 368(e) (F/M) Elder or Dependent Adult Fraud by a Caretaker (applies only to P.C. 666 offenses) P.C. 451.5 Aggravated Arson (a life crime) Annoying or Molesting a Child Under Age 18 or Engaging in Such Conduct With an P.C. 647.6 (F/M) (formerly P.C. 647a) Adult Who is Believed to Be a Minor P.C. 653f(b) Solicitation to Commit Murder P.C. 653f(c) Solicitation to Commit a Specified Sex Crime Attempt to Commit Any Offense Specified in P.C 290(c) P.C. 664–187 Attempted P.C. 664 (F/M) Murder, With or Without Premeditation P.C. 667.61 Any Sex Crime Punishable Pursuant to P.C. 667.61 (a life crime) P.C. 667.7 Any Crime Punishable Pursuant to P.C. 667.7 (a life crime) P.C. 667.71 Any Crime Punishable Pursuant to P.C. 667.71 (a life crime) P.C. 4500 Assault By a Life Prisoner on a Non‐inmate (a life crime) P.C. 11418 Posse ssion of a Weapon of Mass Destruction “as defined in Section 11418(a)(1)” Using or Employing a Weapon of Mass Destruction in a Form That May Cause P.C. 11418(b)(1) Widespread, Disabling Illness or Injury in Humans (a life crime) Using or Employing a Weapon of Mass Destruction in a Form That May Cause P.C. 11418(b)(2) Widespread GBI or Death, and Actually Causing the Death of a Human (a life crime) P.C. 12022.53(d) An y Felony to Which a P.C. 12022.53(d) Firearm Use Enhancement Exploding a Destructive Device with the Intent to Commit Murder [Formerly P.C. 12308] (a P.C. 18745 life crime) Exploding a Destructive Device or Explosive Causing Death [Formerly P.C. 12310(a)] (a P.C. 18755(a) life crime) Exploding a Destructive Device or Explosive Causing GBI or Mayhem [Formerly P.C. P.C. 18755(b) 12310(b)] (a life crime) Exploding a Destructive Device with the Intent to Commit Murder [Now P.C. 18745] (a life P.C. 12308 crime) Exploding a Destructive Device or Explosive Causing Death [Now P.C. 18755(a)] (a life P.C. 12310(a) crime) Exploding a Destructive Device or Explosive Causing Death or Mayhem [Now P.C. P.C. 12310(b) 18755(b)] (a life crime) MILITARY & VETERANS CODE Sabotage: Hindering or Delaying Preparation for Defense or War, and Causing Death or 1670/1672(a) GBI (a life crime) Sabotage: Making or Omitting to Note Defects in Things Intended to be Used for 1671/1672(a) Defenseor War, and Causing Death or GBI (a life crime
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BOOKING PROCEDURES
MPP 5-03/030.10 ARRESTING DEPUTY Prepare the B&PR (SH-J-293). Outside agencies using Department’s facilities booking a prisoner may photocopy the B&PR for their records; A B&PR may be filled out by the Station for informational purposes, and a booking numbers shall be assigned; If more than an original charge exists, prepare the Additional Charges Form (SH-CR-435); Prepare/initiate Arrested Person’s Children form (SH-R-625); Remove all cash from the prisoner; Segregate and itemize cash and property; Persons arrested for the following must always be booked and fingerprinted: 272, 314, 647(a), 647(d), 647.6 PC, and 11550 H&S Code; Obtain the prisoner's right-hand fingerprints, including thumbprint, on the bottom of the front (or first) side of the B≺ o Every reasonable effort shall be made to obtain fingerprints on the Station copy of the B&PR. If fingerprints cannot be obtained, the arresting Deputy shall write detailed identification, e.g., tattoos, physical deformities, etc., of the prisoner in the space used for fingerprints; Place identification band on prisoner's left wrist; Ensure that a DNA sample has been collected, if one is required; Give prisoner a copy of B&PR and a copy of the additional charge form (if applicable); Inform the prisoner of their entitled phone calls; o Per 851.5 P.C., completion of booking, an arrested person is entitled to complete three free telephone calls within the local calling area or at the arrestee's own expense if outside the local area. The calls may be made to any person and, except where physically impossible, shall be afforded to the prisoner no later than three hours after arrest. If the arrested person is a custodial parent, they are permitted two additional telephone calls to arrange child-care. The public defender's phone number shall be provided; Package property (see section 5-03/200.00); and Distribute forms as follows: o Copy to Watch Sergeant for approval; o Copy to be sealed in property bag that is stored; o Copy to Records and Identification Bureau, along with the required fingerprint cards, for their records; and o Copy to be given to prisoner as receipt for property removed for safekeeping. The above prescribed booking procedures shall also apply to other agencies, other than this Department, when booking prisoners at a Station. The Watch Sergeant or Watch Commander's approval for arrest will not be necessary. However, Watch Sergeants will review and assure that other agencies properly complete the required documents.
FIELD RELEASE MPP 5-03/115.10 FIELD RELEASE - PROCEDURE The procedure for affecting a field release shall be as follows: Check through Station via JDIC for warrants in CWS or WPS, Fill out the Notice to Appear (SH-CR-66), o Write "FIELD RELEASE" in bold letters on the top of the Notice to Appear, o After circling sex in the appropriate box, indicate race identifier in the same space, o Place the arrestee's birthplace on the line above the space for "File Number," o Check the box "Booking Required" only when the arrestable offense requires fingerprints be taken. Obtain the signature of the arrestee, Release arrestee,
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Obtain a booking number and an URN from the Station, o Place the booking number on the line above the box "Booking Required" adjacent to the arrestee's birthplace, Submit the Notice to Appear with the Incident Report to the Watch Sergeant. PRIVATE PERSON’S ARREST 1. Have the person making the arrest inform the arrestee of their intention to arrest them, the cause of the arrest, and the authority to make (in accordance with California Penal Code Section 841). 2. Have the private person making the arrest sign a “Private Person's Arrest” form (SH-CR-202 - Rev.10/09) (in triplicate). 3. Have the private person making the arrest sign the “Booking and Property Record” (B&PR) in the space entitled “NAME OF ARRESTING OFFICER.” 4. Accept custody of the arrestee. 5. If the arrestee is not released in the field or from the station on a citation, the deputy shall complete and sign the Probable Cause Declaration (PCD). When an individual requests to make a private person’s arrest and the handling deputy determines there is inadequate probable cause for the arrest, the deputy shall: 1. Do not accept custody of the alleged suspect. 2. Confidentially advise the individual desiring the private person arrest that such an arrest would be unlawful and that we will not take custody of the alleged suspect. Complete a detailed log entry regarding the incident. 3. Do not obtain a booking number or complete a “Booking and Property Record” (B&PR). 4. Log entry only. PRIVATE PERSON ARREST OF JUVENILE All of the steps listed above for the arrest of an adult by a private person apply to a juvenile arrest by a private person. In addition, the deputy shall advise the juvenile of his/her constitutional rights at the time the deputy accepts the juvenile into custody.
TAKING A PERSON INTO CUSTODY
VC 40302 (CVC VIOLATIONS ONLY) Whenever any person is arrested for any violation of this code, not declared to be a felony, the arrested person shall be taken without unnecessary delay before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made in any of the following cases: a) When the person arrested fails to present his driver's license or other satisfactory evidence of his identity for examination. b) When the person arrested refuses to give his written promise to appear in court. c) When the person arrested demands an immediate appearance before a magistrate. d) When the person arrested is charged with violating Section23152.
PC 853.5(a) BOOKING A PERSON FOR AN INFRACTION (NON-CVC) Only if the arrestee refuses to sign a written promise, has no satisfactory identification, or refuses to provide a thumbprint or fingerprint may the arrestee be taken into custody.
PC 853.6(a) BOOKING A PERSON FOR A MISDEMEANOR (NON-CVC) In any case in which a person is arrested for an offense declared to be a misdemeanor, including a violation of any city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g).
MPP 5-03/110.00 FELONY ARRESTS Persons arrested for a felony shall not be released on a promise to appear citation.
PAROLE AND/OR PROBATION Parole Violation: 3056 PC Probation Violation: 1203.2 PC
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PC 1551.1 BOOKING A PERSON FOR FOREIGN JURISDICTION'S WARRANTS The arrest of a person may also be lawfully made by any peace officer, without a warrant, upon reasonable information that the accused stands charged in the courts of any other state with a crime punishable by death or imprisonment for a term exceeding one year, or that the person has been convicted of a crime punishable in the state of conviction by imprisonment for a term exceeding one year and thereafter escaped from confinement or violated the terms of his or her bail, probation or parole.
POSSE COMITATUS PC 1550. Every peace officer or other person empowered to make the arrest hereunder shall have the same authority, in arresting the accused, to command assistance therefore as the persons designated in Section 150. Failure or refusal to render that assistance is a violation of Section 150. PC 150. Every able-bodied person above 18 years of age who neglects or refuses to join the posse comitatus or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person against whom there may be issued any process, or by neglecting to aid and assist in retaking any person who, after being arrested or confined, may have escaped from arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offense, being thereto lawfully required by any uniformed peace officer, or by any peace officer (specified).
MPP 5-03/115.20 MISDEMEANOR RELEASE - EXCEPTIONS A misdemeanor prisoner shall be released, either in the field or from custody, on his written promise to appear, unless: the person has been arrested for a domestic violence battery (243(e)(1) PC); the person has been arrested for the violation of a court protective order related to domestic violence; the person has been arrested for stalking (646.9 PC); the person arrested was so intoxicated that he could have been a danger to himself or to others; the person arrested required medical examination or medical care or was otherwise unable to care for his own safety; the person was held in custody on the authority of one or more of the violations listed under section 40302 of the Vehicle Code; the person in custody has outstanding warrants with an aggregate bail amount exceeding cite-out criteria; the person cannot provide satisfactory evidence of personal identification. (Adequate identification includes name, address, sex, race, height, weight, color of hair and eyes and date of birth. A “Los Angeles County Regional Identification System (LACRIS) Notification,” in response to a Livescan fingerprint identification request, is considered adequate identification for purposes of this section.); o persons held in custody on the authority of Vehicle Code section 40302(a) may not be detained longer than two hours to verify identity (40307 CVC): . if the person does not adequately identify himself within the two-hour period and does not have sufficient funds to bail out, he shall be booked after the two-hour period elapses; . if the person does not adequately identify himself within the two-hour period but has sufficient funds to bail out, he shall be admitted to bail after two hours and shall not be booked; and . if the person adequately identifies himself within the two-hour period, he must be cited out pursuant to Vehicle Code Section 40307, and shall not be booked; the prosecution of the offense or offenses for which the person was arrested or the prosecution of any other offense or offenses would be jeopardized by immediate release of the person arrested; there was a reasonable likelihood that the offense or offenses would continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested;
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the person arrested demands to be taken before a magistrate or refuses to sign the Notice to Appear; the person arrested will not appear on their own (the basis of the Watch Commander’s decision must be specifically stated) (853.6(i)(9) PC); any reason where, for good cause, the Watch Commander believes a release would be unreasonable or unsafe. Specific justification for the non-release must be noted on the Arrest and Property Form; o warrant violations not eligible for release: o warrants for false identification to Peace Officer (148.9 PC); o warrants involving the use of firearms (827.1(b) PC); o warrants involving violence, including domestic violence (827.1(a) PC); o warrants that indicate no release/citation (827.1(k) PC); and o warrants for resisting arrest offences (827.1(c) PC); the person was arrested for Disorderly Conduct Drunk (647(f) PC), no further proceedings are desirable and the arrestee is released without a notice to appear under the guidelines set forth in section 5-03/117.00. CONSULAR NOTIFICATION AND ACCESS The 1969 Vienna Convention on Consular Relations Treaty and California Penal Code §834c impose mandatory duties on law enforcement when arresting foreign nationals. Whenever a foreign national is detained, arrested, or held in custody for more than two hours, personnel must do the following: Inform the arrestee of the right to have the appropriate consular officials notified and of the consular officials’ right to have access to the arrestee. Allow an arrestee to have communication, correspondence, and visitation with consular officers of the arrestee’s country. If the arrestee requests his consulate be notified, personnel shall immediately notify the Department’s International Liaison Unit which will handle the notification to the appropriate consulate. Whether or not an arrestee requests his consulate be notified, notification is mandatory when that arrestee is from any country listed in Penal Code §834c(d) (see attached list of current countries). In these instances, personnel must immediately notify the International Liaison Unit which will handle the notification to the appropriate consulate. The advisement to the arrestee and any consulate notifications must be documented in the arrest report. LIST OF COUNTRIES REQUIRING MANDATORY NOTIFICATION OF AN ARREST, OR HELD IN CUSTODY FOR MORE THAN TWO HOURS, OF A FOREIGN NATIONAL Algeria Hungary Singapore Antigua and Barbuda Jamaica Slovakia Armenia Kazakhstan Tajikistan Azerbaijan Kiribati Tanzania The Bahamas Kuwait Tonga Barbados Kyrgyzstan Trinidad and Tobago Belarus Malaysia Tunisia Belize Malta Turkmenistan Brunei Mauritius Tuvalu Bulgaria Moldova Ukraine China Mongolia United Kingdom Costa Rica Nigeria *U.S.S.R. (notification to specific Cyprus Phillippines state or Russian Federation) Czech Republic Poland (nonpermanent residents Uzbekistan Dominica only) Zambia Fiji Romania Zimbabwe The Gambia Russia Taiwan nationals (carrying Georgia Saint Kits and Nevis Republic of China Passports) Ghana Saint Lucia British Dependencies also Grenada Saint Vincent and the included are Anguilla British Guyana Grenadines Virgin Island, Bermuda, *Hong Kong (notification to Seychelles Montserrat, and the Turks and China) Sierra Leone Caicos Islands
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MENTALLY ILL PERSONS MPP 4-16/010.00 MENTALLY ILL PERSONS
Alleged Mentally Ill Person:
If the MH 302, 72-Hour Detention for Evaluation and Treatment (use only the duplicate form) application is issued and signed by a deputy, it will be included in the station URN file along with: Copy of the report and application, Original receipt for valuables, Original receipt for transportation. Reports and application must accompany a patient transported by a deputy to any of the designated area hospitals. NOTE: If available, MET should be requested via SCC to respond for assessment and appropriate placement of the alleged mentally ill person. The Department does not transfer patients when requested from one of the above hospitals to another. Deputies shall advise hospitals of pending "Holds" for criminal charges. Station personnel handling the hold shall advise hospitals of hold status. Reports shall be taken for the following reasons: When a person, whether admitted or not, is taken by a deputy to any of the aforementioned hospitals, When transporting a patient to the Regional County Department of Mental Health Service Office (clinic). NOTE: The assignment will be concurrent with Homicide Bureau when alleged mentally ill person is unidentified. ADVISEMENT - 5157 W.I.C. “My name is Deputy ______. I am a Los Angeles County Deputy Sheriff. You are not under criminal arrest, but I am taking you for examination by mental health professionals at ______. Your rights will be told to you by the medical staff.” If taken into custody at his residence, the person shall also be told the following: “You may bring a few personal items with you which I will have to approve. You can make a phone call and / or leave a note to tell your friends or family where you have been taken.” FIREARMS 8102 W.I.C. mandates the confiscation of any firearms possessed by or under the control of a person detained or apprehended for examination of his mental condition. 8102 W.I.C. applies to persons detained re: 5150 W.I.C. investigations, even though they may not be committed for a 72 hour evaluation.
CODE SECTIONS PERTAINING TO MENTALLY ILL PERSONS 5150 WIC Dangerous Or Gravely Disabled Person Taken Into Custody For 72-Hour Observation.
Dangerous Or Gravely Disabled Person (JUVENILES) Taken Into Custody For 72-Hour 5585 WIC Observation.
APPLICATION FOR 72-HOUR HOLD Advise patient of detainment per 5157 W&I. Evaluation facility is the hospital to which the patient is taken for admittance. List the circumstances as to how the patient was brought to your attention (CALL, OBS, ETC.). List, in detail, the reasons for the 72-hour hold. Sign the form and include date and time in the sections indicated. Use the station phone number and address for facility information.
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CALLS FOR SERVICE INVOLVING ALLEGED MENTALLY ILL PERSONS Field Operations Directive 16-003 Date: August 26, 2016
PURPOSE The purpose of this directive is to establish policy and procedures for responding to and handling calls for service involving persons who may be mentally ill, while minimizing use of force incidents.
The Lanterman-Petris-Short (LPS) Act, found in sections 5000-5550 of the Welfare and Institutions Code (WIC), deals with involuntary treatment for mentally disordered persons. The LPS Act provides for the involuntary treatment of those persons who are mentally ill to such an extent that they pose a danger to themselves or society but have not committed a criminal offense. Since there is no underlying criminal offense, the state is functioning in the role of “Parens Patriae” (sovereign power of guardianship over persons with a disability).
GENERAL CONSIDERATIONS When responding to a call involving a person who is believed to be mentally ill, consideration should be given to how that mental illness may affect the individual’s ability to comprehend and respond to instructions, commands, and/or the events unfolding around them. Persons who are mentally ill may be entitled to accommodations under the Americans with Disabilities Act (ADA). Some possible accommodations are discussed below. Persons who are a “direct threat” to the safety of others do not qualify for accommodations under the ADA, but keep in mind that a mentally ill person who is only a danger to themselves may be entitled to such accommodations.
PROCEDURES WHEN ANY PERSON IS IN IMMEDIATE DANGER
1. Responding units shall be authorized to respond Code 3, including the field sergeant. 2. Request and have fire/medical resources stage safely. 3. Handle as any other emergency call for service by following the standard of the Tactical Incidents policy. 4. Call for a Mental Evaluation Team (MET).
PROCEDURES WHEN NO PERSONS ARE IN IMMEDIATE DANGER If there is any indication of a potential use of force, but no persons are in immediate danger, the following procedures shall be implemented:
Station/Unit Dispatch This call for service shall be dispatched as a priority call. Keep the caller on the line and give continual updates to field personnel. A field sergeant shall be assigned to the call. Ensure the field sergeant acknowledges the call. If there is an extended response time, authorize Code 3 as appropriate. Determine if MET is available through SCC. Advise field deputies/units of the MET availability.
The location of known mentally impaired violent persons shall be entered into the CAD system as a “hazard” to assist in managing future calls for service. Dispatch/watch deputy personnel shall ensure a Crisis Intervention Trained (CIT) deputy is designated on the in-service personnel roster whenever a CIT deputy is assigned to work that shift. Dispatch shall assign a CIT deputy the handle or assist on a call involving mentally ill persons whenever available. (CIT training is set to begin mid-year 2016)
Field Deputy/Unit Coordinate the response with assisting units.
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Unless an exigency has developed, briefly stage away from the location of the call to develop a tactical plan. o Include the following topics in the tactical plan: The location’s description, circumstances, containment options, ensure appropriate resources are available (i.e., arwen, pepperball, stunbag, Taser, O.C., MK-46, video), and assignment of responsibilities, including who will be the designated person that will talk to the patient and consider the other Possible Accommodations listed below. Handle as a tactical incident (refer to MPP section 3-10/150.00, Tactical Incidents). Deputies tasked with using less lethal resources shall have them ready for use upon arrival at the incident location. Request MET response through SCC. Communicate with the informant, if appropriate. At the conclusion of the call for service, provide the pocket planner brochure to the informant of affected family members, regardless of the outcome and when safe to do so. Document in the report that pocket planner was given to a family member and/or in log clearance if no report was written. When safe to do so, assess if the patient owns or has access to a firearm or deadly weapon. If the patient is known to possess, own or have control of these items, deputies shall confiscate such firearm(s) or deadly weapons pursuant to section 8102 WIC. In the event a patient is also the subject of a restraining order rising to the potential for gun violence, procedures for a Gun Violence Restraining Order Field Operations Directive (16-001) shall be followed, if applicable.
Field Sergeant Unless the field sergeant is handling another field emergency or priority call for service, the field sergeant shall respond to the call and shall be responsible for directing force when reasonable. If it is determined that contact or continued contact with the individual may result in an undue safety risk to that person, the public, or Department members, disengagement shall be considered. The watch commander shall be consulted and must concur with the decision to disengage.
Watch Commander The watch commander shall be advised by dispatch to monitor the incident as appropriate. The watch commander shall make the final decision on whether or not to disengage from the call for service or crisis.
POSSIBLE ACCOMMODATIONS Each situation is different, and all of the following may not be appropriate under the circumstances, but personnel should assess the situation and determine if any or all of the following may help to diffuse the situation: Call a MET team. Slow down the pace - take the time you need to de-escalate the situation. Start with a reasonable and safe distance - avoid an overly “command oriented” presence. Only one person should speak at a time. Use body language that projects patience, respect, and concern. Avoid sudden movements, especially those directed at the person. Speak calmly using normal conversational volume and tone. Listen carefully, avoid interrupting, ask questions, and gain information. REMEMBER: A lack of response to your direction or instruction may be due to the individual hearing “voices” or being distracted by other hallucinations, auditory or visual stimuli, not because of resistance or hostility. Determine if the informant or family member may or may not be helpful to de-escalation and utilize them as appropriate. REMEMBER: Mentally ill persons in crisis may respond unpredictably to applications of force and may escalate dramatically.
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Consider disengagement. This tactic requires consultation with the field sergeant at the scene and shall have the concurrence of the watch commander.
DISENGAGEMENT Disengagement is the tactical decision to leave, delay contact, delay custody, or plan to make contact at a different time and under different circumstances. This tactic should be considered when continued contact may result in an undue safety risk to the person, the public, and/or Department members.
APPLICATION FOR 72-HOUR DETENTION When detaining someone under section 5150 and/or 5585 WIC, the deputy must complete Form MH-302, "Application for 72-Hour Detention for Evaluation and Treatment." In the spaces provided, the deputy must describe clearly and objectively what led them to conclude that the patient met the criteria of section 5150 and/or 5585 WIC.
The information stated on the form also establishes that the deputy had probable cause for taking the individual into custody. All sections of Form MH-302 must be completed. A copy of the form shall be left with the hospital and a copy shall be attached to the Incident Report (SH-R-49). The URN number shall be placed on all copies.
TRANSPORTING 5150 or 5585 WIC PATIENTS The decision to transport a 5150 or 5585 WIC patient to a designated facility or to wait for a MET is the responsibility of the handling deputy.
The law requires that 5150 or 5585 WIC patients be transported to facilities that are designated for the reception of 5150 or 5585 WIC patients. LAC+USC (LCMC), Harbor/UCLA General Hospital, and Olive View Medical Centers are the “designated” public facilities for Los Angeles County.
Patients that have not been charged with a crime shall not be transported to a Sheriff’s station or jail facility. Whenever any person is taken into custody as authorized by section 5150 and/or 5585 WIC, they shall be transported to a designated psychiatric facility by no less than two deputies, with the exception of MET when they are staffed with a non-sworn mental health professional.
Deputies shall request an ambulance to transport persons with a mental illness only if: The person is violent and requires restraint to the extent that he or she must be transported in a recumbent position. The person is injured or physically ill and is in need of immediate medical attention.
When a person with a mental illness is transported by ambulance, at least one deputy shall ride in the ambulance with the patient if the patient is detained on a 5150 “hold.”
DESIGNATED PSYCHIATRIC FACILITIES FOR LOS ANGELES COUNTY HARBOR/UCLA MEDICAL CENTER OLIVE VIEW MEDICAL CENTER 1000 W. Carson St., Torrance, CA 90509 14445 Olive View Dr., Sylmar, CA 91342 Hospital (Main) (310) 222-2345 Hospital (Main) (818) 364-1555 Psychiatric E.R. (310) 222-3144 Psychiatric E.R. (818) 364-4340 Psychiatric Inpatient Unit -3292 Psychiatric Inpatient Unit -4433 CSB site dispatch (310) 222-3311 CSB site dispatch (818) 364-3409 LOS ANGELES COUNTY + USC MEDICAL CENTER 1983 Marengo St., Los Angeles, CA 90033 Hospital (Main) (323) 409-1000 Adults -Psychiatric E.R. (323) 409-7085 Juveniles - Pediatric E.R. (323) 409-3601 CSB Site Dispatch (323) 226-3333
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MISSING PERSON PROCEDURES
MISSING CHILDREN MPP 5-09/120.00 MISSING PERSONS - (DEFINITIONS) A missing person is defined as a person who is reported missing to a law enforcement agency, until the person is located or determined to be a voluntarily missing adult. Missing Persons include: Involuntary Missing - The abduction of a child under circumstances other than "family abduction"; children who have been rejected and/or abandoned by their families; missing adults or children who have left and are viewed as unable to care for themselves.
At Risk - The person/child who is "at risk" includes, but is not limited to, evidence or indications of any of the following [Penal Code section 14213(b)]:
1. The person/child missing is the victim of a crime or foul play, 2. The person/child missing is in need of medical attention, 3. The person/child missing has no pattern of running away or disappearing, 4. The person/child missing may be the victim of parental abduction, or 5. The person/child missing is mentally or physically impaired.
Critical Child Missing - When any child under 12 years of age is reported missing, or when a child, regardless of age, is "at risk" as defined above.
Non-Critical Child Missing - When any child 12 years of age or older is reported missing and is NOT "at risk" as defined above.
Parental/Family Abduction - Abduction or concealment of a child by either a parent or their agent in violation of current law (Penal Code sections 277, 278, 278.5, 278.7).
Runaway - Any child who displays a pattern of disappearing for extended periods of time, on his own volition, without parental or guardian knowledge and/or consent.
Unknown Missing - Cases where there are insufficient facts to determine the missing person disposition.
Suspicious Circumstances - Circumstances which give rise to the belief that a crime may have been involved; the disappearance is out of character for the person and no known reason can be determined.
CHILD ABDUCTION 277 PC: Child abduction definitions.
278 PC: Every person, not having a right to custody, who maliciously takes, detains, conceals or entices away, any minor child with the intent to detain or conceal that child from a person, guardian or public agency having the lawful charge of the child is guilty of a misdemeanor/felony.
278.5 PC: Detention or concealment of a child in violation of a custody decree or by a lawful custodian, which includes a parent, where a legal relationship exists between a child and the child’s natural or adoptive parent (Family Code Section 7600), even if no custody decree exists, is a misdemeanor/felony.
278.7 PC: A good faith belief that the taking, detaining, concealing or enticing away of the child is necessary to protect the child from immediate bodily injury or emotional harm.
279.6 PC: A peace officer investigating a report of a violation of section 277, 278, 278.5, 278.7 may take a minor child into protective custody if the officer has reasonable cause to believe (or good cause to believe), that any person will unlawfully flee the jurisdictional territory with the minor child.
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Places/Facilities for Care and Detention - 207 WIC
A minor taken into custody upon the grounds that he or she is a person described in section 601 WIC, or adjudged to be a ward of the juvenile court solely upon that ground, may be held in a secure facility, other than a facility in which adults are held in secure custody, in any of the following circumstances:
For up to 24 hours after having been taken into custody, in order to locate the minor's parent or guardian as soon as possible and to arrange the return of the minor to his or her parent or guardian, For up to 24 hours after having been taken into custody, during which time efforts are to be diligently expended to locate the child's parent or guardian who resides out of state and/or to arrange the return of the child to his/her parent or guardian who resides out of state, The initial 24-hour custody period may be extended to no more than 72 consecutive hours, if it is ascertained that: the return of the child cannot be accomplished reasonably within 24 hours due to the distance of the parent or guardian from the county of custody, difficulty in locating the parent or guardian, difficulty in locating resources necessary to provide for the return of the child.
Non-critical Children: No suspicion of foul play or homicide exists or there are no mental or physical handicaps. 1. Interview informant in person. 2. Initiate a crime broadcast via S.C.C. 3. Complete a Missing Person Report and have informant sign. 4. Have an authorized person sign a Dental / Skeletal Records Release form. 5. Obtain a photograph of the child. 6. Advise the informant that they must inform the station if / when the child is found. 7. Have a station secretary complete AN N.C.I.C. entry within 1 hour.
Critical Children:
Suspicion of foul play or homicide or the child is mentally or physically handicapped. 1. Follow the above steps. 2. Notify the watch sergeant and watch commander. Relay all pertinent facts. 3. Have assisting units search interior and exterior of house, including attic and under the house. Search sheds, boxes, automobiles, and attractive nuisances. Check parks, schools, channels, construction sites, toy stores, etc. 4. Note the following for the incident report: Exact time and place the child was last seen. Is the child a habitual runaway? Are parents divorced / separated? How long have they lived at the current residence? What is their attitude towards the child? School information including teacher’s name and schoolmates’ information. Relatives’, friends’ and neighbors’ information. Recent trips. Hobbies and locations where those hobbies are conducted. Location of any local pools, stables, entertainment centers.
MPP 5-09/120.60 COURTESY REPORTS - MISSING PERSONS A courtesy report for a missing person SHALL be completed on a Missing Person Report (SH-R- 12), and will have the same assignment and URN as active cases for our own Department.
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AMBER ALERT MPP 5-09/120.07 CALIFORNIA CHILD SAFETY AMBER NETWORK PROCEDURES (AMBER ALERT)
In order for an abduction to qualify for an AMBER Alert, all four of the following conditions must exist: It has been confirmed that an abduction has occurred; The victim must be 17 years old or younger or have a proven mental or physical disability; The victim is in imminent danger of serious bodily injury or death; and Information is available that, if disseminated to the public, could assist in the safe recovery of the victim.
An AMBER Alert is not appropriate when: There is no evidence of foul play; The child is a runaway; The abduction is due to a custody dispute and there is no reason to expect a threat to the life or physical health of the child; and/or An adult is missing, unless there is proven physical or mental disability that may subject the victim to imminent danger.
IMPORTANT NOTE: If the abduction does not satisfy the AMBER Alert criteria outlined above but the handling Station/Unit Watch Commander feels the situation merits attention, contact the SCC Watch Commander for possible options such as issuing an “ABDUCTION” Alert which involves the creation and distribution of an EDIS bulletin.
FIELD DEPUTY’S RESPONSIBILITIES:
When a deputy receives a call of a child abduction that has just occurred, the deputy shall respond to the location without delay and conduct a preliminary investigation. The preliminary investigation shall be thorough enough to establish that a crime has occurred. The handling deputy shall collect specific information in order to determine if the circumstances meet the criteria necessary to initiate an AMBER Alert. If the deputy’s investigation reveals that the abduction may be a kidnapping for ransom or extortion, all uniform presence should be removed from the location and Station/Unit Detectives, along with Major Crimes Bureau, should be contacted immediately.
Qualified AMBER Alerts If the handling deputy determines that the abduction qualifies for an AMBER Alert, he/she shall notify the Station/Unit Watch Sergeant and Watch Commander immediately by telephone. The deputy shall provide them with details of the abduction in order to initiate an AMBER Alert, if approved.
If the decision is made to initiate an AMBER Alert, the handling deputy shall request a recent photograph of the abducted person(s) and, if available, photographs of the suspect(s) and/or the suspect vehicle from the informant and/or relatives. The photograph(s) should be recent and clearly display the victim’s and/or suspect’s facial features. The handling deputy shall ensure the photograph(s) is driven to the Station/Unit and delivered to the Watch Commander without delay.
The handling deputy shall immediately complete a Missing Person Report (SH-R-12) and follow missing/abducted persons procedures.
WATCH SERGEANT AND WATCH COMMANDER RESPONSIBILITIES: The decision to request an AMBER Alert is the responsibility of the Station/Unit Watch Commander. The Watch Commander shall base this decision on the established AMBER criteria and facts obtained by the handling deputy regarding the abduction. If the decision is made to request an AMBER Alert, the Watch Commander shall:
Consider activation of the Station's/Unit’s EOC in order to handle the anticipated increase in the volume of phone calls to the Station/Unit and institute a clue management system;
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Immediately complete an AMBER Request Form (available in Outlook under Public Folders / All Public Folders / All Forms / Patrol / Miscellaneous / AMBER Request Form); Complete the AMBER Request Form and send it to the SCC Bridge e-mail group. If e-mail is not available, fax the form to SCC at (323) 261-4936; immediately upon completion of the above steps, contact the Sheriff's Communications Center (SCC) Watch Commander at (323) 267-2504 to advise of the new AMBER Request Form sent via e-mail; Immediately notify Major Crimes Bureau as Amber Alerts are their responsibility; When the handling Station/Unit receives information which updates or corrects what was previously reported, they shall send a new AMBER Request Form to SCC. If there is an update, such as additional information, the “Update” box shall be checked and if there is a correction, such as the color of the suspect vehicle, the “Correction” box shall be checked; and All updates or corrections that have been e-mailed to the SCC Bridge e-mail group shall be followed up with a telephone call to the SCC Watch Commander to ensure the information has been received.
The Watch Sergeant shall: Handle any functions delegated to him/her by the Watch Commander; and If the EOC is activated, ensure it is adequately staffed to receive a high volume of telephone calls.
NOTIFICATION OF FOUND VICTIM: The Watch Commander at the Station/Unit which initiated the AMBER Alert is responsible for notifying the Sheriff’s Communication Center Watch Commander when the victim has been found. It is the responsibility of the SCC Watch Commander to make C-Code and NAWS notifications.
IS A PARENT REQUIRED TO HAVE A CUSTODY ORDER TO REPORT THEIR CHILDREN TAKEN BY THE OTHER PARENT? The answer to this question is NO. A custody order is not required by one parent to report that the other parent has “kidnapped” their children. PC §278.5(a) (Misdemeanor) states that it is a violation of the law to “maliciously deprive a lawful custodian of a right to custody, or a person of a right to visitation.” PC §277(e) defines a “right to custody” as a court order OR pursuant to the Uniform Parentage Act (Family Code §7600) where a legal relationship exists between a child and the child’s natural or adoptive parent. PC §278.5(a) means that one parent cannot keep a child from the other parent even if a court order does not exist. -Newsletter, Volume 06 Number 16 Date: April 3, 2012
MISSING ADULT MPP 4-16/020.00 MISSING OR FOUND PERSONS
Missing Person Report (DOJ) shall be taken when requested (including telephonic requests) without delay. Station to send missing person JDIC message, enter into NCIC Missing Person file within one hour and immediately send Missing Person Report (SH-R-12) via JDIC or Fax to Homicide Bureau, Missing Persons Detail. Notify Missing Persons Detail by telephone when missing person is:
Suffering from Alzheimer's Disease, Suffering from severe mental or physical handicap, Suffering from advanced senility, Missing under suspicious circumstances, Missing with any condition requiring continuing medication or care, Infected with a highly communicable disease, Suicidal.
NOTE: Use Homicide Bureau on reference line.
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Deputy taking the Missing Person Report on above situation(s) or his supervisor shall, upon completion of the report, notify Homicide Bureau by telephone and furnish the following information:
Deputy's name, employee number, station URN and time report taken, Missing person's name, address, race, date of birth, physical description and telephone number, Location, date and time last seen, If vehicle involved, description and license number, Clothing worn and availability of photographs, Circumstances of disappearance, Name, residence and business address and telephone numbers of informant.
Station shall follow Homicide Bureau instructions relative to any further action. Homicide Bureau shall send necessary missing person’s messages on reports other than those mentioned above.
MPP 5-09/120.60 COURTESY REPORTS - MISSING PERSONS A courtesy report for a missing person SHALL be completed on a Missing Person Report (SH-R- 12), and will have the same assignment and URN as active cases for our own Department.
FORM NUMBER ASSIGNMENT CLASSIFICATION ADDITIONAL INFORMATION AND FILE NUMBER AND Crime or Incident STATISTICAL CODES PRIORITY ACTION
MPP 4-04/045.00 SH-R-49 Homicide Code as applicable: AMNESIA VICTIM URN Bureau 40 400 - Adult Missing. A 401 - Child Missing or Lost. On all cases involving unidentified persons, make every effort to determine the identity of the person. When unable to identify, immediate notification shall be made to the Missing Persons Unit of Homicide Bureau.
All available identification shall be obtained, including an accurate and complete physical description, fingerprint cards and photographs. (Request for photographs and fingerprints may be made through Records and Identification Bureau.) Forward identification data to Missing Persons Unit.
Appropriate forms and URN for the type of crime involved may be substituted for the SH-R-49, if applicable.
SILVER ALERT
GOVERNMENT CODE §8594.10 (Added): Silver Alert
This section was added to help find missing persons 65 years of age or older. The requirements are: Missing person is 65 years of age or older; Law enforcement agency has utilized all available local resources; Person missing under unexplained or suspicious circumstances; Person missing is in peril or danger (health, disability, weather, in company of dangerous person, et cetera); and There is information to disseminate to the public which would assist in the recovery. To activate a Silver Alert, contact the Sheriff’s Communication Center Watch Commander (Via your station’s Watch Commander) as in an Amber Alert.
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AIRCRAFT INCIDENTS MPP 4-04/025.00 Designate SRD to Aero Bureau on any incident involving the Aero Bureau or its personnel.
FORM NUMBER ASSIGNMENT CLASSIFICATION ADDITIONAL INFORMATION AND FILE NUMBER AND Crime or Incident STATISTICAL CODES PRIORITY ACTION
Damage to See "Property Damage."
Fatality involved SH-R-49 Aero Bureau Aero Bureau and Homicide Bureau to be notified URN immediately. Aero Bureau will respond as soon as 49 A possible. Aero Bureau will notify Homicide Bureau in cases where foul play is suspected. Homicide Bureau will respond at the request of Aero Bureau.
Code 496 - Person Dead, Other/Unknown.
Forced landing Notify Aero Bureau at once. Make report or log entry at direction of Aero Bureau.
Low Flying SH-CR-134 Aero Bureau Notify Aero Bureau at once. On weekends and holidays, URN notify the Sheriff's Communications Center. Report to 39 A contain all available information regarding aircraft number or description of aircraft (e.g., color, identification marks, such as stripes or colored wing tips, etc.); type of craft (e.g., airplane, helicopter, glider, balloon, single engine, four engine, jet, etc.), in addition to routine data. Include type of area plane was flying over, such as residential, pasture, etc., as limits differ.
Code 399 - Misdemeanor, Miscellaneous.
Scene of accident SH-R-49 Aero Bureau Patrol personnel at scene shall provide traffic and crowd URN control and prevent anyone from touching or moving the 48 (injuries) A wreckage except to remove injured persons. 49 (fatality) If fatality, Aero Bureau and Homicide Bureau to be notified immediately. Aero Bureau will respond as soon as possible. Homicide Bureau will respond at the request of Aero Bureau in those cases in which foul play is suspected.
If wreckage or dead bodies must be moved because of hazard in a critical area, permission shall first be obtained from the Coroner's Office through Homicide Bureau. The location of any moved wreckage or dead bodies must be marked if moved prior to the arrival of Aero Bureau personnel. Photographs should be taken prior to movement, if possible.
If restriction of airspace is necessary, notify Aero Bureau. Aero Bureau shall be responsible for making necessary notifications/requests to the Federal Aviation Administration (FAA), National Transportation and Safety Bureau (NTSB), and related governmental agencies.
NOTE: Personal effects shall not be handled except by direction of the Coroner's Office.
Custody of wreckage under direction of Aero Bureau remains with patrol pending arrival of a member of Federal Aviation Agency on civilian aircraft or member of military organization involved when accident involves military aircraft.
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If our investigation is complete and the appropriate federal agency has not taken custody of the wreckage, Aero Bureau shall contact the concerned federal agency and speak with an agent who can authorize expenditures of federal funds for securing the wreckage and obtain the agent's name, business address and telephone number. The agent shall be asked specifically if he authorizes such an expenditure in this incident, and the pertinent information shall be relayed to the Watch Commander of the concerned Station/Unit.
If the expenditure is authorized, an unusual occurrence number shall be obtained by the Watch Commander and an accurate accounting of all expenditures recorded. Personnel assigned to secure the wreckage shall be in addition to normal staffing.
At the conclusion of this duty, a memo shall be directed to the Director of the Administrative and Training Division providing all the pertinent information, including the authorizing agent, unusual occurrence number, copies of reports and overtime worked reports.
If the agent refuses to authorize the expenditure of federal funds for security, personnel need not remain at the scene of an accident in unpopulated, less accessible areas, if it is ascertained that the federal agency will be unduly delayed.
Code as applicable:
481 - Accidents, Non-traffic. 496 - Person Dead, Other/Unknown.
Theft SH-R-49 Arresting Unit or For theft from, see "Theft." URN Station 09 Detective Code 097 - Grand Theft - Other Vehicle.
A
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LEO GUIDANCE FOR UNMANNED AIRCRAFT SYSTEMS (UAS)
** If you need immediate assistance from the FAA call (202) 267-3333 ** Copyright 2015 FAA
CIVIL CODE §1708.83. Operator is Liable for Damages by Unmanned Aircraft and Unmanned Aircraft Systems (Drones) This code is added to make a person liable for damages who operates an unmanned aircraft or unmanned aircraft system less than 350 feet above ground level within the airspace overlaying the real property.
PENAL CODE §402 (Amended): Impeding with Emergency Personnel, Including Drones Misdemeanor to use an unmanned aerial vehicle to impede emergency personnel in the performance of their duties. An unmanned aerial vehicle includes a remote piloted aircraft or drone, regardless of the operator’s location
If you suspect a UAS operation is unsafe or unauthorized: 1. Locate the operator 2. Ask for registration and verify markings1 on the UAS - Required for all UAS greater than 0.55 lbs 3. Ask operator for the type of operation and to present appropriate documentation (see reverse) 4. Interview operator and collect the following information: Name, address, and positive ID of operator Record Registration Number and the FAA Docket Number from Exemption or COA (see reverse) Document time, place, and details of flight (take pictures and interview witnesses, etc) 5. Take action based on local Laws, Ordinances, Directives 6. Contact the FAA: General inquiries – contact the Regional Operations Center (see below) Investigation support – contact an FAA Law Enforcement Assistance Program (LEAP) Special Agent (business hours)
TYPES OF AUTHORIZED UAS OPS AND REQUIRED DOCUMENTATION Required documents must be in operator’s possession and presented to law enforcement upon request per 14 CFR 61.3(l) (3) Model Aircraft An unmanned aircraft that is 1) capable of sustained flight in the atmosphere, 2) flown within visual line of sight of the person operating the aircraft, and 3) flown for hobby or recreational purposes. Must be operated within ALL of the following parameters: 1. Strictly for hobby or recreational use 2. Must give way to manned aircraft 3. Less than 55 pounds 2 4. Operated in accordance with community based set of safety guidelines 3 5. If within 5 miles of airport, must notify airport operator and control tower (if tower) 6. Registration and Markings1 Model aircraft operating standards are governed under P.L. 112-95 (Feb 14, 2012)
Non-Model / Commercial Any UAS operation conducted for non-hobby or commercial purpose OR any operation that does not meet the parameters for Model Aircraft. Operator must possess ALL of the following documents: 1. Section 333 Exemption or Aircraft Certification 4
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2. Certificate of Authorization (COA) 5 3. Aircraft Registration and Markings 1 4. Pilot certificate 6
Public / Government Public agencies or organizations that conduct UAS operations for a government function. Operator must possess ALL of the following documents: 1. Certificate of Authorization (COA) 5 2. Aircraft Registration and Markings 1
ALL UAS: • Must have Registration and Markings1 (required for all UAS greater than 0.55 lbs) • Must not endanger persons or property on the ground • Must give way to and not interfere with manned aircraft • Must comply with all flight restrictions and Temporary Flight restrictions7 • Are subject to legal enforcement for Careless or Reckless operation
1 Aircraft Registration and Markings: All UAS greater than 0.55 lbs are required to be registered, regardless of the type of operation. The operator must provide the registration certificate upon request and the UAS must be marked with the appropriate registration or serial number. To verify registration, contact a LEAP agent during normal business hours or the Regional Ops Center after hours. 2 Aircraft is limited to no more than 55 pounds unless certified through design, construction and inspection by community based organization. 3 A membership based association that represents the modeling community and provides its members a comprehensive set of safety guidelines. 4 333 Exemption: FAA Letterhead dated and signed with an Exemption Number and Regulatory Docket Number. Includes conditions and limitations such as: (Not required for UAS with an FAA Airworthiness Certificate or Public/Government Operators) Line of Sight: The UAS must be visible at all times to the operator using his or her own natural vision. Daytime only: Unless specifically authorized in the COA, UAS operations must be conducted during daytime only. 5 Certificate of Waiver or Authorization (COA): FAA Form 7711-1 signed by UAS Tactical Operations Section and includes FAA Docket Number. Addresses specific restrictions such as: Altitude: As stipulated on cover page of COA. Generally 400’ or 200’ (but can be higher). Proximity to Airports: As stipulated on COA. 6 Pilot certificate: All non-model/commercial operators must have an FAA pilot certificate (Government agencies may self-certify pilots) 7 TEMPORARY FLIGHT RESTRICTIONS (TFR) ARE COMMON FOR PRESIDENTIAL MOVEMENTS, SELECT SPORTING EVENTS, THEME PARKS. ACTIVE TFRS ARE PUBLISHED HERE: WWW.TFR.FAA.GOV
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ABC LAWS
BP CODES 25632 M After Hours, Allowing Consumption 25631 M After Hours, Sales or Purchasing 25659.5(d) M Beer Keg, False Info to Purchase 25659.5(c) M Beer Keg, Poss of w/o ID Tag 25607(a) M Distilled Spirits, Unlawful Poss of 25657(a) M Drink Solicit, Employ Person to 4140 4145.5 M Hypodermic Needle, Poss (Sunset Law until 01/2015) 25660.5 M ID - False, Sell/Furnish to Minor 25661 M ID, Poss of False by Minor 22430(a) M ID, Sell w/o "Not a Gov Doc" 25616 M Inspection, Refuses to Permit 25603 F Jail, Bring A/B into 119(a) M License, Display Canceled, etc. 119(c) M License, Display not Yours 23300 M License, When Required 25623/25623.5 I Possession/Sale/Manuf./Transport Powered Alcohol 25658(d) M Minor - Consumption, Licensee Allows (Cite licensee) 25662(a) M Minor in Poss of A/B 25665 M Minor in Public Premise 25658.5 I Minor, Attempt to Purchase A/B 25663(b) M Minor, Employ in Off-Sale (Cite licensee only) 25663(a) M Minor, Employ in On-Sale (Cite licensee only) 25658(b) M Minor, Purchase or Consume A/B 25658(a) M Minor, Sell/Furnish to 25617 Misdemeanor, Punishment for 25602(a) M Obviously Intox Person, Sell/Furnish 25351 M Poss w/Intent to Sell A/B 24046 M Posting Lic Cert. 25612.5(c) M Retail Op Stds (listed below) (Cite licensee only) 25608 M School Grounds, Poss A/B on HS CODES 11351 M Contr. Sub. (Coc/Her), Poss for Sale 11350 M Contr. Sub. (Coc/Her), Poss of 11351.5 F Contr. Sub. (Crack), Poss for Sale 11366 M Contr. Sub., Maintain a Place to Provide 11364.7(a) M Drug Paraphernalia for Sale 12677 M Fireworks, Poss of Dangerous 12680 M Fireworks, Unlawful Discharge 12676 M Fireworks, Unlawful Sales 11359 Marijuana for Sale, Poss of (See Marijuana Enforcement) 11357(b) C Marijuana Less than 28.5 gms, Poss of (See Marijuana Enforcement) 11357(c) C Marijuana over 28.5 gms, Poss of (See Marijuana Enforcement) 11377 M Meth, Poss of Contr. Sub. 11378 F Meth, Poss of Contr. Sub. for Sale 11391 F Mushrooms, Transporting/Selling PC CODES 308.2(a) I Cigarettes, Sold Singly 647 M Disorderly Conduct 303(a) M Drink Solicit 303 M Drink Solicit, Employ Person to
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148.9(a) M Give a False Name to Avoid Prosecution 347(b) M Poisonous Alcoholic Solutions 337(a) M Pools, Bookmaking, Wagering 316 M Prostitution, Keeping Disorderly House 330.1 M Slot Machine or Device 308 M Tobacco Product, sale or give to any “person, firm, or corporation” to furnish tobacco products to anyone under the age of 21 370 M Urinating in Public 313.1(e) PC I Video - Harmful, Sell or Rent 313.1(a) PC M Video - Harmful, Sell/Display to Minor CV CODES 23220 VC I Driving, Drinking A/B While 23222(b) VC I Marijuana, Poss in Vehicle 23224(a) VC M Minor, (Driver) Poss A/B 23224(b) VC M Minor, (Passenger) Poss A/B 13353.2(a)(3) VC A Minor, DMV Suspension for 23222(a) VC I Open Container - Driver 23223 VC I Open Container - Passenger 23225 VC I Open Container, Driver Allowing 23221 VC I Vehicle, Drinking A/B While in STAT CODES: 19 Liquor/Tobacco Law 20 Drunk 191 Sell Liquor to Minor 201 Drunk, Alcohol 192 Poss./Use/Furnish/Minor False Evidence of Age 202 Drunk, Drugs 193 Possession of Alcohol by Minor 203 Drunk, Marijuana 194 Minor on Premises/Employ Minor on Premises 195 Drinking in Vehicle 196 Possession Open Container County or City Park 197 Storage of Open Container 198 All Other Liquor Law Violations 199 Furnishing Tobacco to Minors
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COMMON ABC LICENSE TYPES AND THEIR BASIC PRIVILEGES BEER MANUFACTURER - (Large Brewery) Authorizes the sale of beer to any person holding a 01 license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer’s licensed premises. WINEGROWER - (Winery) Authorizes the sale of wine and brandy to any person holding a 02 license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. OFF SALE BEER & WINE - (Package Store) Authorizes the sale of beer and wine for 20 consumption off the premises where sold. Minors are allowed on the premises. OFF SALE GENERAL - (Package Store) Authorizes the sale of beer, wine and distilled spirits 21 for consumption off the premises where sold. Minors are allowed on the premises. SMALL BEER MANUFACTURER - (Brew Pub or Micro-brewery) Authorizes the same 23 privileges and restrictions as a Type 01. ON SALE BEER - (Bar, Tavern) Authorizes the sale of beer for consumption on or off the 40 premises where sold. No wine or distilled spirits may be on the premises. ON SALE BEER & WINE – EATING PLACE - (Restaurant) Authorizes the sale of beer and 41 wine for consumption on or off the premises where sold. ON SALE BEER & WINE – PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer 42 and wine for consumption on or off the premises where sold. ON SALE GENERAL – EATING PLACE - (Restaurant) Authorizes the sale of beer, wine and 47 distilled spirits for consumption on the licenses premises. ON SALE GENERAL – PUBLIC PREMISES - (Bar, Night Club) Authorizes the sale of beer, 48 wine and distilled spirits for consumption on the premises where sold. ON SALE GENERAL – SEASONAL - Authorizes the same privileges and restrictions as 49 provided for a Type 47 license except it is issued for a specific season. CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for 51 consumption on the premises where sold. VETERAN’S CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and 52 guests only, for consumption on the premises where sold. SPECIAL ON SALE GENERAL - Generally issued to certain organizations who cannot qualify 57 for club licenses. 59 ON SALE BEER AND WINE – SEASONAL - Authorizes the same privileges as a Type 41. ON SALE BEER – SEASONAL - Authorizes the sale of beer only for consumption on or off the 60 premises where sold. ON SALE BEER – PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer only for 61 consumption on or off the licensed premises. BED AND BREAKFAST INN - Authorizes the sale of wine purchased from a licensed 67 winegrower or wine wholesaler only to registered guests of the establishment for consumption on the premises. ON SALE GENERAL – RESTRICTIVE SERVICE - Authorizes the sale or furnishing of beer, 70 wine and distilled spirits for consumption on the premises to the establishment’s overnight transient occupancy guests or their invitees. ON SALE GENERAL – BREWPUB - (Restaurant) Authorizes the sale of beer, wine and 75 distilled spirits for consumption on a bona fide eating place plus a limited amount of brewing of beer. BED AND BREAKFAST INN – GENERAL - Authorizes the sale of beer, wine and distilled 80 spirits purchased from a licensed wholesaler or winegrower only to registered guests of the establishment for consumption on the premises. INSTRUCTIONAL TASTING LICENSE–Issued to the holder of and premises of a Type 20 or 86 Type 21 licensee, authorizes the tasting of alcoholic beverages as authorized to be sold from the off-sale premises, on a limited basis.
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Special Events
SPECIAL DAILY BEER AND/OR WINE LICENSE - (Form ABC-221) Authorizes the sale of beer and/or wine for consumption on the premises where sold. DAILY ON SALE GENERAL LICENSE - (Form ABC-221) Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. CATERING AUTHORIZATION - (Form ABC-218) Authorizes Type 47, 48, 51, 52, 57, 75 and 78 licensees (and catering businesses that qualify under Section 24045.12) to sell beer, wine and distilled spirits for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events. EVENT AUTHORIZATION - (Form ABC-218) Authorizes Type 41, 42, 47, 48, 49, 57, 75 and 78 licensees to sell beer, wine and distilled spirits for consumption on property adjacent to the licensed premises and owned or under the control of the licensee. WINE SALES EVENT PERMIT - (Form ABC-239) Authorizes Type 02 licensees to sell bottled wine produced by the winegrower for consumption off the premises where sold and only at fairs, festivals or cultural events sponsored by designated tax exempt organizations. Note: “Minor” means any person under 21 years of age.
Consult Section 25663(b) regarding age of employees in off-sale premises; consult Sections 25663(a) and 25663.5 regarding age of employees in on-sale premises. In certain situations, ABC may place reasonable conditions upon a license, such as restrictions as to hours of sale, employment of designated persons, display of signs, restrictions on entertainment or dancing, etc. If a license has been conditioned, it will be endorsed as such on the face of the license. (Conditional licenses, Sections 23800-23805.) Licensees whose license allows minors on the premises may have a “house policy” restricting minors from entering certain areas of the premises or prohibiting minors in the premises during certain hours.
LICENSE IDENTIFIER PINK - Minors Allowed Inside GREEN - Minors Not Allowed Inside 20 Off-Sale Beer & Wine (Package Store) 42 On-Sale Beer & Wine Public Premises (Bar, 21 Off-Sale General (Liquor Store) Tavern) 40 On-Sale Beer (Bar, Tavern) 48 On-Sale General Public Premises (Bar, Night 41 On-Sale Beer & Wine Eating Place Club) (Restaurant/Meals Req) 61 On-Sale Beer (Bar, Tavern) 47 On-Sale General Eating Place (Restaurant/Meals Req)
YELLOW - Comply w/Child Support w/in 150 Days WHITE - Temporary/Special Daily/Daily General
Minor Decoy Requirements Rule 141 CCR and 25658(f) BP 2. No open A/B container signs (upon 1. Under age 20 written notice from ABC) 2. Appears under age 21 3. Outside premises well lit 3. Show I.D. if asked or don't carry it 4. Remove litter daily 4. Be truthful about age 5. Remove graffiti within 3 days 5. Face to face identification 6. Only 1/3 of windows can have signs 6. Notify licensees of program results 7. No incoming calls on pay phones (Upon request by local police) - Type 20/21 Lic only Retail Operating Standards 25612.5(C) BP 8. "Adults only" area for harmful matter Apply to Stores, Bars, and Taverns only videos 1. No Loitering signs (upon written 9. Retail Operating Standards notice from ABC) available for viewing
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VICE CRIMES MPP 4-25/015.00 FORM CLASSIFICATION NUMBER ASSIGNMENT AND ADDITIONAL INFORMATION AND STATISTICAL Crime or Incident FILE NUMBER ACTION CODES PRIORITY Felony: Notify Major Crimes Bureau immediately by telephone. Station/Unit Bookmaking SH-R-49 Detective Code 233 - Bookmaking. (337a PC) URN 23 A Pandering SH-R-49 MCB Code 124 - Pandering. (266i PC) URN 12 A Pimping SH-R-49 MCB Code 125 - Pimping. (266h(a) PC) URN 12 A Touting Station/Unit SH-R-49 (337.2 – 337.8 PC) Detective Code 339 - Felony, Miscellaneous. URN 33 M/F A
Misdemeanor: Notify Major Crimes Bureau immediately by telephone.
ABC Act Violation See "ABC Act Violations” Cockfights, dogfights, etc.; own, possess, keep, or train for
Fighting Station/Unit Cockfighting: SH-R-49 Detective URN 39 Code 399 - Misdemeanor, Miscellaneous. (597b (a)-(b) PC) Dogfighting: A (597.5 PC) M/F Fortune telling See "Fortune Telling." (332(a) PC) Gambling SH-R-49 MCB Code 231 - Gambling. (330 PC) URN 23 A Lewd conduct SH-R-49 MCB Code 133 - Lewd or obscene conduct. (647(a) PC) URN 13 A Lotteries See "Lotteries." (319 – 326 PC) Pinball Machines See "Slot Machines." (330b (f) PC) Prostitution SH-R-49 MCB Code 136 - Prostitution, soliciting, etc. (647(b) PC). URN 13 A Punchboards See "Slot Machines." (330c PC) Slot machines (includes See "Slot Machines." punchboards) (330b – 330.9 PC) Information covering: -- Gambling -- Lewd conduct NOTE: Notify Major Crimes Bureau by phone -- Loitering about SH-AD-32A of any carnivals operating in Station/Unit area restrooms and confirm by memo. -- Pandering -- Pimping -- Prostitution
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CIVIL LAW Source: California Peace Officer Legal Sourcebook and Field Operations Directives Remember, you have significantly less discretion when a felony has been committed -- however technical -- than you do with a misdemeanor. If no crime can be established, you should: 1. Keep the peace; 2. Advise the complaining party or parties; 3. Attempt to have the parties informally resolve the dispute. 4. Do not take sides; do not use -- or allow to be used -- your position as a peace officer to compel payments or similar action by any party; and do not use the threat of arrest or other police action to compel civil action by either party. 5. If the parties cannot or will not informally resolve their dispute, you should assist them to exchange identifying information and advise them to contact their attorneys, file a small claims suit, etc. 6. Prior to leaving, you should assure yourself that the dispute is sufficiently settled to preclude further confrontation between the parties. LABOR DISPUTES Unlawful Interference with Property (Pen. Code, § 554) Certain types of industrial property -- to which the general public does not have access -- may be "posted" against trespassing and loitering. (Pen. Code, § 554 et seq.) Violations constitute misdemeanors. Destruction of Signs It is also a misdemeanor to tear down, deface, or destroy any of the posted signs. (Pen. Code, § 555.1.) Disputes with Businesses Defrauding Innkeepers, Etc. (Pen. Code, § 537) Felony or Misdemeanor Penal Code section 537 makes it a crime to intentionally not pay any type of "innkeeper" (hotel, restaurant, motel, campground, ski area, marina, marine facility, etc.) for services rendered or to otherwise defraud the service provider of any credit, food, fuel or accommodations. Exceptions Exceptions exist, however, for the following situations: No illegal trespass for any peace officer or authorized public officer to enter posted property in the course of his or her duty (Pen. Code, § 552); No illegal trespass to lawfully use an established and existing right of way for public road purposes (Pen. Code, § 552); No illegal loitering to picket in the immediate vicinity of posted property or to engage in other lawful activity which informs the public about a labor dispute (Pen. Code, § 555.2); No illegal trespass or loitering to engage in any organizational effort on behalf of any labor union or employee group or to carry out any other lawful activity of labor unions (Pen. Code, § 552.1); No illegal loitering or trespass for any duly authorized representative of a labor union or other employee group to investigate safety of working conditions on posted property (Pen. Code, § 552.1). REPOSSESSIONS Watch out! People who call for peace officers will probably want to use them as a "lever" on the other party involved. Remember, you are there just to keep the peace. Civil Code section 1812.2 gives the seller, under a conditional or installment contract, the right to retake property in the event of a buyer's default. See also Comm. Code, § 9503. For cars and other vehicles subject to registration under the Vehicle Code, repossession occurs when the repossessor gains entry to the vehicle, or when the vehicle becomes connected to a tow truck. (Bus. & Prof. Code, § 7507.12.) In the event repossession is complete and there is additional personal property involved (e.g., clothing, tools, etc., inside an automobile), the buyer has the right to retain that other property, provided it is not an integral part of the repossessed property. If the repossessor takes unattached property contained in a repossessed item, the repossessor is responsible for that property to the buyer; the buyer has a right to recover it on demand.
However, the buyer has no right to remove an automobile radio or other item which is attached to the vehicle even if he claims he purchased it separately (fixture law). Also, the buyer may demand and get a receipt for attached personal property and may likewise recover such property or value at a later time. The officer in the field should not take it upon himself to try to determine if there has been a notice and hearing or a waiver of notice and hearing. Officers should not try to interpret the contract or get involved in any manner in private repossessions, except to keep the peace. A person who makes a good-faith repossession without complying with the notice and hearing requirements is subject to civil liability, but not criminal liability. Assuming that there has been a waiver of notice and hearing, the repossessor may retake property wherever he finds it, within limits. He does have the right to go onto privately owned land to retake. For example, the repossessor may retake an automobile from a driveway or furniture from an open porch. However, in no event is he authorized to enter any building or enclosure without permission. (Code Civ. Proc., §§ 1159- 1161; Pen. Code, §§ 418, 602, 603.)
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There are three groups which may repossess property. The first group includes the seller and his full-time employees. (Bus. & Prof. Code, § 7522.) Part-time employees may not be used for repossession purposes. Members of this group do not need a state license. The second group is the bank or finance company which has purchased the debt from the seller. If the buyer defaults in his payments, a full-time employee of the financing company may repossess the property. This group also does not need a state license. The third group includes private repossessors. This group is required to have a state license. (Bus. & Prof. Code, §§ 7500-7583.) Further, they are required to have a license posted at the principal place of business (Bus. & Prof. Code, § 7533) and carry a pocket card (Bus. & Prof. Code, § 7533). Notification: The repossessor is required to immediately notify the police, by the most expeditious means available (i.e., verbally), about the repossession. He must also notify the police in writing within 24 hours of repossession.
Vehicle repossession calls for service deal with adversarial parties. They consist of the repossessor (tow truck driver), registered owner, legal owner, and third parties. The most common crimes arising at a repossession dispute scene are assault, battery, disturbing the peace, vandalism, trespassing, and malicious mischief. Business and Professional Code, 7507.12, defines a repossession of a vehicle complete if any of the following occur (the B&P code refers to vehicles as collateral):
1. The repossessor gains entry to the vehicle. 2. The vehicle is hooked onto a tow truck or the repossessor’s tow vehicle, as defined in section 615 of the Vehicle Code. 3. The repossessor moves the entire vehicle present. 4. The repossessor is physically inside of the vehicle. 5. No person other than the legal owner may direct the repossessor to release a vehicle without legal authority to do so. Patrol Deputy Responsibilities 1. Your primary responsibility at the scene of a repossession dispute is to keep the peace. 2. At the scene of a repossession dispute, ascertain the identity of the repossessor, ask for company identification, a private license, a copy of the contract, or a document describing the property to be repossessed, and preferably the identity of the legal owner (usually a financial institution). 3. Establish the identity of the disputing party. If this person is the buyer, the buyer’s spouse, or a third person in lawful possession, you should ask whether or not this person objects to the repossession. If he/she does object, the repossessor cannot take the vehicle unless control and dominion of the vehicle by the repossessor has taken place (Fuentes (1972) 407 U.S. 67.) and (Burns (1979) 96 Cal.app. 3d 591,600 Comm Code section 9503). 4. Remember you are there to keep the peace. 5. The repossessor does have the right to go onto private property (driveway) to repossess a vehicle. (A closed, unlocked gate does not legally keep a repossessor from repossessing a vehicle. 6. Occasionally a crime will take place in your presence during the dispute. When those events arise, you will have to take appropriate action. PROPER HANDLING OF LANDLORD/TENANT DISPUTES Your objective, when confronted with a landlord/tenant dispute, is not to make or encourage an arrest but to try to achieve a lasting solution to the conflict by explaining to the parties what conduct is not lawful and by suggesting alternative solutions that are lawful. Your duty as a peace officer is to keep the peace and not take sides. Often you can accomplish this by simply talking to both sides. You should try to avoid arrests and achieve a lasting solution to the dispute by explaining to the parties what conduct is not lawful and by suggesting alternative solutions that are lawful. The best suggestion is to tell each party to consult an attorney. Even if a landlord has proper legal grounds for evicting a tenant, it is unlawful for him to use any of the methods discussed below (i.e., lockout, seizure, trespass, etc.) in an attempt to force the tenant to vacate the premises. Rather, he must bring an "unlawful detainer" action to have his tenant evicted legally.
Penal Code 418 – Misdemeanor "Every person using or procuring, encouraging or assisting another to use, any force or violence in entering upon or detaining any lands or other possessions of another, except in the cases and in the manner allowed by law, is guilty of a misdemeanor." (Emphasis added.)
Penal Code 419 - Misdemeanor Every person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any Court, tribunal, or officer, and who afterwards unlawfully returns to settle, reside upon, or take possession of such lands, is guilty of a misdemeanor.
Penal Code 591 - Felony A person who unlawfully and maliciously takes down, removes, injures, disconnects, cuts, or obstructs a line of telegraph, telephone, or cable television, or any line used to conduct electricity, or any part thereof, or appurtenances or apparatus connected therewith, including, but not limited to, a backup deep cycle battery or other power supply, or severs any wire thereof, or makes an unauthorized connection with any line, other than a telegraph, telephone, or cable television line, used to conduct electricity, or any part thereof, or appurtenances or apparatus connected therewith.
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Penal Code 593 - Felony Every person who unlawfully and maliciously takes down, removes, injures, interferes with, or obstructs any line erected or maintained by proper authority for the purpose of transmitting electricity for light, heat, or power, or any part thereof, or any insulator or crossarm, appurtenance or apparatus connected therewith, or severs or in any way interferes with any wire, cable, or current thereof.
Seizure of Present Tenant's Property It is not unusual for a landlord to seize a tenant's possessions in payment for past-due rent. This is unlawful. A landlord may not take physical possession of his tenant's property unless he first obtains a court order allowing him to do so. (Civ. Code, § 1861a.) The seizure of a tenant's property without a court order is a misdemeanor prohibited by Penal Code section 418, and entering the premises to seize the property may constitute trespass.
Removal of Former Tenant's Property A landlord also has a right to dispose of personal property that remains on the premises after a tenancy has terminated and the tenant has vacated the premises. Civil Code sections 1980 et seq. govern the disposition of the former tenant's property and set forth strict procedures for storage, notice and sale of the former tenant's property.
Removal of Doors and Windows The provisions of Penal Code section 594 prohibiting the destruction of any property are no longer effective in California. Penal Code section 594 now only applies to the destruction or damage to any real or personal property of another. Trespass A landlord will often enter his tenant's premises without permission from the tenant. If the entry is reasonable --for example, to repair a leaking water pipe, or to investigate smoke--it is not considered a trespass. In addition, if the tenant has consented by the terms of the lease to his landlord's entry at will, then such entry likewise is not trespass. However, if a landlord enters his tenant's premises without prior permission in order to harass the tenant or snoop around, this conduct is considered a trespass constituting a misdemeanor under Penal Code section 602.5. Such "forcible" entry is also prohibited by Code of Civil Procedure section 1159 and may subject a landlord to punitive damages. Interruption of Utility Services The landlord may not interrupt or terminate utility services. This is prohibited by Civil Code section 789.3, as well as by local ordinance in some cities. "Utilities" means water, power, telephone, gas, or any other service. Interrupting such service may make the landlord liable to his tenant for punitive damages. Landlord's Entry into Dwelling The circumstances that allow a landlord to enter a tenant's dwelling are provided in Civil Code section 1954 and are limited to: 1. Emergencies; 2. Making necessary or agreed repairs or improvement and providing services; 3. Exhibiting the dwelling to prospective tenants or purchasers; 4. Entry after the tenant has abandoned or surrendered the premises; 5. Entry pursuant to court order. 6. Except in cases of emergencies or where the tenant has quit the premises, the entry must be made during normal business hours. Tenant's Rights and Options If the landlord fails or refuses to correct the problem after being notified of the defect, the tenant has several alternatives. A tenant has the right to "repair and deduct" for an amount up to one month's rent. (Civ. Code, § 1942.) Lodgers Not all "occupants" are "tenants" whom the landlord can evict only by bringing an unlawful detainer lawsuit. For example, Civil Code section 1946.5 was enacted in 1986 to speed up and make easier the removal of a "lodger" (aka "roomer") who has temporary possession of a dwelling unit with the owner. For this statute to apply, however, all four of the following conditions must be met: 1. the dwelling must be owner-occupied; 2. the owner must retain a right of access to all areas of the dwelling and have overall control of the unit, i.e., no locked doors; 3. the lodger/roomer must be the only lodger residing in the unit; and 4. the lodger must have contracted either for room, or for room and board, i.e., must have agreed to provide something of value (a “reward”) to the landlord in return (see Civ. Code, § 1925). The Gratuitous Guest In situations where there is no "contract" or "reward" as set out in the previous segment (that is, in situations where the person is in temporary possession of the dwelling unit with the owner simply because of the good will of the owner and is not doing or providing anything in return for his room, or room and board), then it is even more simple; not even the abbreviated "notice" procedure of Civil Code section 1946.5 need be followed. Rather, the occupancy of such a guest can be terminated at will, without notice or legal proceedings of any kind. The Former Employee If a person whose removal is sought is a former employee who had a right of occupancy during his employment, then no notice is required to terminate a tenancy. However, if a former employee fails to vacate property over which he previously had a right of occupancy, "self-help" removal is still prohibited, and an unlawful detainer lawsuit is required. (Code Civ. Proc., § 1161(1).)
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HOTEL OCCUPANTS Newsletter, Volume: 14 Number: 05 Date: February 5, 2014 A tenant is a person who rents or leases a rental unit from a landlord. The tenant obtains the right to the exclusive use and possession of the rental unit during the lease or rental period, as stated in a written contract. Tenant rights and responsibilities apply only to people whom the law defines as tenants, known as “persons who hire.” Generally, under California law, lodgers and residents of residential hotels and motels have the same rights as tenants.
A guest doesn't have the same rights as a tenant. For example, the proprietor of a hotel can lock out a guest who doesn't pay his or her room charges on time, while a landlord would have to begin formal eviction proceedings to evict a nonpaying tenant. A guest is someone who is staying in a hotel or motel where any of the following situations exist: • They are staying in a hotel, motel, residence club, or other lodging facility for 30 days or less, and their occupancy is subject to the state’s hotel occupancy tax. • They are staying in a hotel, motel, residence club, or other lodging facility for more than 30 days, but they have not paid for all room and related charges owed by the 30th day, and their occupancy is subject to the state’s hotel occupancy tax. • They are staying in a hotel or motel to which the manager has a right of access and control, and ALL of the following is true: o The hotel or motel allows occupancy for periods of fewer than seven days. All of the following services are provided for all guests: A central telephone service Maid, mail, and room service Food service provided by a food establishment that is on or next to the hotel grounds and that is operated in conjunction with the hotel.
A person has the legal rights of a tenant if they are a living in a residential hotel, which is their primary residence. A residential hotel means any building which contains six or more guest rooms or efficiency units which are designed, used, rented or occupied for sleeping purposes by a person, and which is the primary residence of that person.
In residential hotels, a locking mail receptacle must be provided for each residential unit. It is unlawful for the proprietor of a residential hotel to require an occupant to move or to check out and re-register before that occupant has lived there for 30 days and therefore not gain the legal rights of a tenant (Civil Code section 1940.1). If you determine that the parties are landlord and tenant, advise the landlord that they must seek a court order and/or eviction through the court system (refer to FOSS Newsletter 06-04 Civil Disputes, March 15, 2006).
If it is determined that the parties are manager and guest, ascertain if a violation of sections 537(a) P.C. or 602(s) P.C. has been committed. If such a violation has been committed, the manager has the option of initiating a Private Person’s Arrest. In that case, all Department policies and procedures related to Private Person Arrests should be followed. You should not make a felony arrest based on a claim of damages greater than $950, because the amount of damages is a matter to be proven by the victim in court. An unsubstantiated claim of damages made at the scene may be insufficient probable cause for a felony arrest.
BOTTOM LINE: If a hotel tenant/guest resided at the location for more than 30 days, or if the location is a “residential hotel,” you’re dealing with a civil landlord/tenant dispute. If the tenant/guest stayed less than 30 days and refuses to leave, it’s a 602(s) P.C. for trespassing. The financial aspect of the dispute is a court matter in either case.
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DOMESTIC VIOLENCE DOMESTIC VIOLENCE REPORTS FIELD OPERATIONS SUPPORT SERVICES It has been brought to Field Operations Support Services’ attention that there is some confusion in providing the victim of domestic violence with a free copy of the incident report.
Pursuant to Family Code section 6228, a domestic violence victim or her/his representative is entitled to a free copy of the domestic violence report face sheet within 48 hours of the victim’s request. The victim or her/his representative is entitled to a free copy of the entire report within five working days of the victim’s request. They are entitled to a free copy within five years from the date of the completion of the report. A representative of the victim must present a current, valid driver’s license, state-issued identification card, or a passport and either a certified copy of the death certificate or written authorization signed by the victim. Since there are numerous restrictions as to who may be a representative, please check this section for a list of authorized representatives. A person who has been convicted of murder in the first degree of the victim or any person identified in the incident report face sheet as a suspect shall not be a representative of the victim.
If you have any questions, please call or email Field Operations Support Services at 323-890-5411 or [email protected]
Abuse Against any sex, adult or minor Intentionally or recklessly causing or attempting to cause bodily injury or sexual assault; or placing the victim in fear of imminent serious bodily injury to that person. Relationship Spouse Cohabitant or former cohabitant (intimate) Having a child in common Engagement – current or past Dating or former dating PC 273.5 (Felony) The two parties involved must be: The offender's spouse or former spouse. The offender's cohabitant or former cohabitant. The offender's fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of PC 243. The mother or father of the offender's child. There must be visible injury or evidence of an internal injury. SHALL ARREST PER PC 836(a). PC 243(e)(1) (Misdemeanor) The two parties involved must be: Current or former spouse* Current or former cohabitant* Have a child in common* Current or formerly engaged Current or formerly dating *no visible injury PC 273.6 and PC 166(c) (Misdemeanor) Under PC 836(c) an arrest shall be made for DV restraining order violations committed in or out of your presence when: You have probable cause to believe a willful violation has occurred. Suspect has notice of the order. Mandatory booking if committed with violence, or threats to kill or harm, or any violation at the victim’s residence or work.
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SELECTING SECTIONS AND STAT CODES FOR DOMESTIC VIOLENCE By Dep. Gannon
You’ve determined Domestic Violence has occurred. Was there a weapon involved (includes hands, fist, feet, etc)?
YES NO
Did the victim suffer a “traumatic condition” (a wound or other bodily injury, whether minor or Refer to appropriate Penal Code section(s) such as serious, caused by the direct application of criminal threats, stalking, vandalism, violation of court physical force)? order, violation of custody orders, etc.
Traumatic Condition Defined. PC 273.5(d)
YES NO Use Stat Code 175 If there is any PART I crime reported, the PART I
crime takes precedence for URN No. and C-Line. Refer to Penal Code § Refer to Penal 273.5(a) if qualified Stat 175 is then a secondary listing. Code § 243(e)(1) relationship; otherwise, or Attempted § refer to Penal Code § If no PART I crime, then Stat Code 175 applies in 273.5(a) 245 or § 243(d) hierarchy principal (lowest stat for listing C-Lines in order, lowest to highest, and for use on URN No)
1) Was a weapon used (other than a personal weapon), or 2) Did the victim receive serious injuries (generally requiring hospitalization)?
YES NO
Use Stat Code Use Stat Code 146 050
INCLUDE STAT CODE 831 ON MDC CLEARANCE Stat Code “831" is a secondary statistical code and cannot be used alone. In all cases of actual, suspected, and alleged family abuse incidents, clearance code 831 shall be used in conjunction with other appropriate codes to clear the call (creates HAZARD HIT at loc.) [FOD 02-02]
RELATIONSHIP VISIBLE INJURY NO INJURY Married 273.5 PC 243(e)(1) PC Ex-Spouse 273.5 PC 243(e)(1) PC Cohabitant 273.5 PC 243(e)(1) PC Ex-cohabitant 273.5 PC 243(e)(1) PC Child in common 273.5 PC 243(e)(1) PC Engaged – past/present 273.5 PC 243(e)(1) PC Dating past-present 273.5 PC 243(e)(1) PC
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ASSOCIATED DV LAWS 136.1(c)(1) PC F Dissuading a victim from reporting, using threats of force or fear 236 PC F False imprisonment 243(d) PC F/M Battery with serious injury 245(a)(1) PC F ADW 245(a)(2) PC F ADW w/gun 245(a)(4) PC F Assault by means likely to cause GBI 273a PC F Child endangerment likely to cause GBI or death 422 PC F Criminal threats of GBI or death 459 PC F Entry with intent to commit a felony 591 PC M Interference with or destruction of phone or cable lines (Use PC 591.5 for wireless) 597 PC M Animal abuse 594(b)(1) PC F Vandalism $400 or more 646.9 PC F/M Stalking, reasonable fear, a credible threat of harm, and a pattern of conduct REPORT WRITING FOR DOMESTIC VIOLENCE
VICTIM SUSPECT Note relationship (marriage date) Describe suspect’s location, demeanor Describe victim location, demeanor Spontaneous statements by suspect Victim’s spontaneous statements Describe suspect’s injury Weapon(s) used Interview the suspect If possible, record victim’s interview Describe victim’s injuries Alcohol/Drug usage in incident Where can the victim be later located
WITNESS EVIDENCE Find and interview the RP Photograph injuries of both suspects Find any witnesses Photograph the scene for evidence Who did the victim talk with Photograph/seize torn, bloody clothes Identify witnesses who have left Photograph/take items that may be significant Children present (names and DoB) Consider the 911 call as evidence Interview children Book weapons (per PC 18250) List agencies on scene (CPS, EMS, etc.) Felony –at large suspect-obtain photo from the Identify treating doctors victim THE FOLLOWING INFORMATION SHALL BE INCLUDED IN YOUR REPORT PURSUANT TO PC13730
1. RELATIONSHIP: spouse / former spouse / cohabitant / former cohabitant / common child / having or has had a dating / having or has had engagement relationship. 2. WEAPON USED: Personal: Hands, Feet, Fist, ______Non-Type:______3. DESCRIBE INJURIES: Major / Minor / None 902R: Yes / No Engine/Capt. 4. UNDER THE INFLUENCE OF ALCOHOL AND/OR A CONTROLLED SUBSTANCE: Type 5. ANY LAW ENFORCEMENT AGENCY (INCLUDING LASD) HAS PREVIOUSLY RESPONDED: Yes / No / Agency and Location 6. FIREARMS OR OTHER DEADLY WEAPONS ARE PRESENT AT THE LOC: Consent/Where Model/Serial 7. CHILDREN: NAMEs/DOBs: Present / Not Present 8. EPO OFFERED: Issued / Refused 9. ISSUED ALL THREE: F.A.I.R / V.I.N.E. / REPORT MEMO
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EMERGENCY PROTECTIVE ORDERS A judicial officer may issue an EPO when: A person is in immediate and present danger of domestic violence, based on the person’s allegation of a recent indecent of abuse or threat of abuse or A child is in immediate and present danger of abuse by a family/household member or Child abduction or Stalking (DV and non-DV) or Elder abuse (excludes financial abuse alone) Contact (213) 974-1234 for On-Duty Commissioner
DOMINANT AGGRESSOR/PC 13701 Officers SHALL make reasonable efforts to identify the dominant aggressor. The dominant aggressor is the person determined to be the most significant, rather than the first aggressor.
STAT CODES EXPLANATION 050 Domestic Violence If a dangerous or deadly weapon is used or there are serious injuries (broken bones, internal injuries, or injuries requiring stitches) to the victim which could have been caused by a personal weapon (such as hands, fist, or feet).
175 Domestic Violence (Not Phys Assault) If the Domestic Violence is criminal in nature but no weapon was used and there are no physical injuries to the victim (e.g., stalking, violation of court order, or vandalism).
449 Domestic Violence (Non-Criminal) Noncriminal Domestic Violence is when there may have been arguing, etc., but there is no evidence of physical force. Therefore, the elements required to classify that a crime occurred do not exist.
708 Sus Circs, Possible Domestic Violence Suspicious Circumstances, Possible Domestic Violence is to be used when the victim claims domestic violence occurred, but there are no visible elements or evidence sufficient to classify the incident as a crime.
IS A PARENT REQUIRED TO HAVE A CUSTODY ORDER TO REPORT THEIR CHILDREN TAKEN BY THE OTHER PARENT? The answer to this question is NO. A custody order is not required by one parent to report that the other parent has “kidnapped” their children. PC §278.5(a) (Misdemeanor) states that it is a violation of the law to “maliciously deprive a lawful custodian of a right to custody, or a person of a right to visitation.” PC §277(e) defines a “right to custody” as a court order OR pursuant to the Uniform Parentage Act (Family Code §7600) where a legal relationship exists between a child and the child’s natural or adoptive parent. PC §278.5(a) means that one parent cannot keep a child from the other parent even if a court order does not exist. -Newsletter, Volume 06 Number 16 Date: April 3, 2012
PC 273.6 CIVIL ORDERS EPO TRP Order after Hearing An order issued by a family law Issued after a hearing on a TRO. Obtained by peace officer and is good for five court days, and court and is good for 20 days DVPA and EARO good for five up to seven calendar days unless extended years.
PC 166(C)(1) CRIMINAL ORDERS DV Order Criminal Court Protective Order Criminal court orders take precedence over civil court orders. Issued while a case is pending in Criminal orders do not protect children and therefore May be issued during probation court or with a conviction for PC consider offering an EPO in any new case. 273.5, PC 646.9, or DV A new EPO controls over a CPO.
FIREARMS AND RESTRAINING ORDERS PC 29825(a) PC 29825(b) PC 18250 A peace officer shall take temporary custody of any Purchase or receive a firearm Own or possess a firearm knowing they firearm or other deadly weapon in plain sight or discovered knowing they are prohibited by a are prohibited by a restraining order pursuant to a consensual or other lawful search as restraining order. (Felony) (Misdemeanor) necessary for the protection of the peace officer or other persons present
COURT ORDERS FIELD OPERATIONS DIRECTIVE 98-008 In cases where deputies encounter persons who are alleging that another party is violating a court order, it may be difficult to ascertain if a crime actually occurred. However, it is not necessary to establish who is “right.” If responding personnel encounter this type of situation, they shall: 1) Obtain the court of issuance, the case number, the name of the issuing judge, and the date of issuance.
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2) If possible, confirm the court order and proof of service on the TRO~WEB. Refer to FOD 08-02, Temporary Restraining Order Web Based Database (TRO~WEB). 3) Write a report (SH-R-49) entitled, “Suspicious Circumstances, Alleged Violation of a Court Order.” This shall be done even if it appears the matter is completely civil in nature. 4) The report shall contain a synopsis of the complaining party’s allegations. Confirming the validity of the allegations is normally not possible nor is it required. 5) The responding deputy shall advise the complaining party to contact their personal legal counsel regarding the incident. 6) If the complainant does not have the necessary data regarding the court order, the handling deputy will provide as much detail as possible in the report and advise the complainant to contact station detectives with the missing information as soon as it becomes available. ELDER ABUSE Endanger elder or dependent adult under circumstances or conditions likely to produce great bodily harm or death, willfully cause or permit an elder or dependent adult to suffer, 368(b)(1) PC/ F or inflict thereon unjustifiable physical pain or mental suffering, or having care or custody, willfully cause or permit such adult’s person of health to be injured or placed in a situation where endangered. Essentially the same as (b) (1) except under conditions not likely to cause great bodily 368(c) PC / M harm or death. Embezzlement: Theft by non-caretaker from elder or dependent adult, of money, labor, 368(d) PC real or personal property. Over $400 Felony, under $400 Misdemeanor. Embezzlement: Theft by caretaker from elder or dependent adult, of money, labor, real 368(e) PC or personal property. Over $400 Felony, under $400 Misdemeanor. Imprisonment of an elder or dependent adult by use of violence, menace, fraud or deceit 368(f) PC is a felony Lewd or lascivious acts upon an elder or dependent adult: Act upon the body; Use of 288(b)(2) PC force, violence, duress, menace, or fear of immediate and unlawful bodily injury, committed with the specific intent to arouse, appeal to or gratify the lust, passions, or sexual desire or the person or elder or dependent adult. NEED HELP? APS 24-hour Elder Abuse Hotline (800) 992-1660 Fraud Detail (562) 946-7217 or Sheriff’s Information Bureau (213) 229-1700 APS CLEARANCE GUIDE STAT CODE CIRCUMSTANCES NOTES No crime, allegation only URN required with 715 stat 715 No Crime Turn in APS report with check-off sheet attached to Watch Sgt 707 Suspicious Circumstances URN & SH-R- 49 ELDER 368(b), (c), or (f) PC, 664 PC, 15656 WIC 174 Physical Abuse/Neglect URN & SH-R- 49 368(b), (c), or (f) PC, 664 PC, 15656 WIC 176 Mental Abuse URN & SH-R- 49 368(d) or (e) PC, 664 PC, 15656 WIC 176 Fiduciary (Financial) Abuse URN & SH-R- 49 DEPENDENT ADULT Physical, Mental, Fiduciary 368(b), (c), (d), (e),or (f) PC, 664 PC, 15656 WIC 178 Abuse URN & SH-R- 49
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FRAUD AND ID THEFT Always verify the charge level as these codes can be complicated and depending on circumstances be charged as M or F. CALIFORNIA VEHICLE CODE 20 M False Name/Statement 31 M False Information to Peace Officer 4460 Seizure Authority 13004 M ID Card - Unlawful Acts 13004.1 M Manufacturing or Sale of Documents Similar to California Identification Cards 13202.5 A Delay or Suspension of Driving Privileges for Alcohol- or Drug-Related Conviction 14610 M Driver License - Unlawful Acts 14610.1 M Manufacturing or Sale of Documents Similar to California Driver License PENAL CODE 113 F Manufacture, Distribute, or Sell Documents to Conceal True Citizenship 114 F Use False Documents to Conceal True Citizenship 115 F Record False or Forged Instrument 118 Perjury Defined 118a F False Affidavit, Perjury 127 F Subornation of Perjury 132 F Offer Forged or Altered Documents 134 M Falsifying Documents 146b M Simulating Official Inquiries 146c M Use of Terms “Police,” “Law Enforcement,” etc. 146d M Card, Badge, Device, Offer Immunity From Enforcement 148.9 M Give False Identification to Peace Officer 470 A Forgery - Acts Constituting 470a F Forge Driver License or Identification Card to Facilitate Forgery 470b F Possess Forged Driver License/ID Card to Facilitate Forgery 471 F Alter Entries 472 F Forgery, Counterfeiting, State, Corporate, Official Seals 473(b) M Forgery of checks and related instruments of not more than $950 476a M NSF checks totaling not more than $950 (unless 3 or more specified priors) 484.1 M/F False Identification to Pawnbroker, Secondhand Dealer 529 F False Personation 529a M Make, Sell, etc. False Birth or Baptismal Certificates - aka Deceptive ID 529.5 M Make, Sell, etc. Identification Purporting to be Government Issued, But Not Amounting to Counterfeit aka Deceptive ID (M) NOTE: Sections 529a and 529.5: refer to B&P 22430 530 M/F Receive Property in Assumed Character BUSINESS AND PROFESSIONS CODE 119 M Unlawful Use of Driver License 22430 M Deceptive Documents, 25660 M Documentary Evidence of Age and Identity 25660.5 M Sell, Give, etc. False Identification to Person Under 21 25661 M Possession/Use of False Evidence of Age by Person Under 21 APPLICABLE FRAUD PENAL CODE SECTIONS 327 Endless chain scheme (Pyramid’s) 368(d) Theft from elder/dependent adult by non-caretaker 470 Forgery 475 Possessing, receiving or uttering forged notes, checks, receipts... 476 Make, pass, utter or publish, with the intent to defraud, any fictitious or altered 484(a) Theft (defined) 484b Diversion of funds
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484d Access cards (definitions) 484e Unauthorized access cards (several subsections and definitions) 484f Counterfeit access cards (definitions) 484g Fraudulent use of access card 484h Unlawful access card transactions by a merchant 484i incomplete access card (counterfeiting) 484j Publishing access card number with the intent to defraud 487 Grand theft (definition) 487b Grand theft of real property (Real Estate) 496c Theft of real estate title information 499c Theft of trade secrets 503 Embezzlement 529 False impersonation of another 530.5 Identity Theft 532(a) Theft by false pretenses 532a False financial statements PENAL CODE SECTIONS USED IN REAL ESTATE FRAUD 115(a) Procuring/offering false/forged document for record. 368(d) Financial abuse of the elderly or dependant adult by a person, not a caretaker. 470 Forgery: Documents. 484b Diversion of construction funds. 487(a) Grand theft by false pretense. 504b Sale of property covered by a security agreement, failure to pay secured party and appropriation of proceeds to own use. 506b Violation of real property sales contracts 530 False personation of another to obtain money or real property 530.5 Unauthorized use of personal identifying information to obtain credit, goods or services in the name of another person. 532(a) Theft by false pretenses. 532(a)1 False financial statements (fraudulent credit applications). 533 Multiple sales of the same parcel of real property. 534 Sales of real estate by married person under false representation.
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MPAA LAW ENFORCEMENT GUIDE CODE DESCRIPTION NOTES Misdemeanor Felony: 100+ DVDs/prior conviction 653w(a)(1) PC Trade Name and Address Failure to disclose origin of a recording or audiovisual work. Misdemeanor Felony: trademarks on 1000+ DVDs 350(a) PC Counterfeit Trademark (i.e. value greater than $950.00) Must prove that the violator knowingly, willfully, and intentionally sold counterfeit. 653z(a) PC Camcording in a Theater Misdemeanor If a new title is playing in the theater, all copies of that title for sale on the street are illegal. Copies are not offered for legitimate DVD sale until well after theatrical release. MPAA trained investigators are available to provide assistance on your arrests 24/7. Investigators will examine the evidence you seize during your arrest and take possession of the evidence upon your request. On Call Number: (800) 461-1925 Motion Picture Association Of America (800) 662-6797 (818) 995-6600 15301 Ventura Blvd., Building E Sherman Oaks, CA 91403 Basic Investigative Questions Victim: Motion Picture Association Of America Where did you get the movies from? How much did you pay for the movies? How much do you sell the movies for? How long (days/times) have you been selling movies? Did you know this movie(s) is still showing in the theater? If so, it would not be on DVD yet, would it? Do you know this disc is illegal? How? Use price the suspect is selling the discs for to show knowledge of illegal activity. Quick Ways To Identify Counterfeit DVDs Legitimate Counterfeit Sharp, clear printing and graphics; Blurred printing, poor color separation, Packaging/Information Label trademarks clearly displayed on the inferior paper. packaging. Graphics stamped clearly on disc, On color ink with minimal or no graphics or copyright notices are readable and label on the disk. Digital Versatile Disc aligned. Bottom side of CD-R is generally green; Bottom side of disc is silver or gold bottom side of DVD-R is purple. Security stickers, holograms, white No security stickers, holograms or studio security strip on the spine of the logos on the spine of the case. Security Markings case, laser markings/printing. Loose thin shrink-wrap or plastic re-sealable Tightly shrink wrapped. envelope.
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GUIDE TO REPORTING IDENTITY THEFT
C-LINE CONSIDERATION: 530.5 PC C-LINE CONSIDERATION: 484e/484g PC Suspect(s) opened new account using Suspect(s) used victims pre-existing account victim’s personal identity information to information to obtain property, goods, services, obtain property, goods, services, cash, etc. cash, etc.
-CORPUS DELECTI- -CORPUS DELECTI- Establish unauthorized representation of Establish unauthorized use of victim’s existing victim to obtain goods, services, etc. account
Did suspects open Did suspects open account(s) or receive any account(s) or receive any Did suspects open account(s) or goods, services, cash, etc. goods, services, cash, etc. receive any goods, services, At least one location At least one location cash, etc. Within another within station’s patrol within another station’s police/sheriff area? coverage area? patrol coverage area?
COURTESY REPORT FOR ANOTHER PD/SD Write “COURTESY REPORT FOR **** PD/SD” Use RD and Sequential Use RD and Sequential If multiple jurisdiction: from YOUR station from another station “COURTESY REPORT: SEE NARRATIVE” Use RD **99. For MDC clearance use victims address for RD and Stat Code 777
MPP 4-12/005.00 JURISDICTION DEFINED Location of occurrence is where suspect(s) actually opened the account or received goods, services, cash, etc.
The Fraud & Cyber Crimes Bureau (formerly Commercial Crimes Bureau) General FCCB Phone (562) 946-7201 Fax (562) 415-4543
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FORM NUMBER ASSIGNMENT ADDITIONAL INFORMATION AND CLASSIFICATION FILE NUMBER AND STATISTICAL CODES Crime or Incident PRIORITY ACTION MPP 4-12/005.00 IDENTITY THEFT
Identity Theft SHR-49 Unlawful use of personal information to obtain 530.5(a) PC URN credit, goods, services, or medical information 11 without the consent of that person. (Refer to varieties of Identity Theft and Law enforcement agency having jurisdiction over related instructions for victim’s residence shall take a police report and details of assignment) provide complainant with a copy.
If crime occurred in different jurisdiction, refer the investigation to the law enforcement agency where suspected crime was committed.
“Jurisdiction” means where property, goods services or medical information is received.
Identity Theft SHR-49 Identity Theft Detail Newly established fraudulent credit/loan (Credit) URN accounts (LASD jurisdiction). 530.5(a) PC 11 A Code 117 - Identity Theft Detail (Goods/Services/Credit)
Identity Theft SHR-49 Station/Unit Newly established accounts outside LASD (Credit) URN Detectives jurisdiction-assign to appropriate agency with 530.5(a) PC 11 SRD to Identity Theft Detail. (Outside LASD P Jurisdiction) NOTE: “SRD” Identity Theft Detail
Code 117 - Identity Theft Detail (Goods/Services/Credit)
Identity Theft SHR-49 Identity Theft Detail Goods received within LASD (Goods) URN Jurisdiction. “Goods” defined as property. 530.5(a) PC 11 A Code 117 - Identity Theft Detail (Goods/Services/Credit)
Identity Theft SHR-49 Station/Unit Assign to agency having jurisdiction where goods (Goods) URN Detectives received; SRD to identity Theft Detail. 530.5(a) PC 11 (Outside LASD P NOTE: “SRD” Identity Theft Detail Jurisdiction) Code 117 - Identity Theft Detail (Goods/Services/Credit)
Identity Theft SHR-49 Identity Theft Detail Services received in LASD jurisdiction. Example (Services) URN - medical services. 530.5(a) PC 11 A
Identity Theft SHR-49 Station/Unit Services received outside LASD (Services) URN Detectives jurisdiction. Forward to appropriate agency. 530.5(a) PC 11
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(Outside LASD P NOTE: “SRD” Identity Theft Detail Jurisdiction) Code 117 - Identity Theft Detail (Goods/Services/Credit)
Identity Theft SHR-49 Station/Unit Utilities obtained within LASD Station/Unit (Utilities) URN Detectives jurisdiction. 530.5(a) PC 11 A Utilities defined as: gas, water, power, telephone, cellular phone/pager, cable and internet.
Contact victim company ascertain status of internal fraud investigation.
If “none” or “no interest” close case. Ensure victim of ID compromise has copy of crime report and necessary fraud alerts/reporting made to credit bureaus/Federal Trade Commission.
If victim company desirous of prosecution, coordinate investigation with company’s fraud investigator.
Code 118 - Identity Theft Detail (Utilities)
Identity Theft SHR-49 Station/Unit Forward to appropriate agency having (Utilities) URN Detectives jurisdiction. 530.5(a) PC 11 (Outside LASD P NOTE: “SRD” Identity Theft Detail jurisdiction) Code 118 - Identity Theft Detail (Utilities)
Identity Theft SHR-49 Identity Theft Detail Jurisdiction of goods/services/credit compromise Combination of URN will have priority over utility. Utilities and 11 A Goods/Services/Credit Code 117 - Identity Theft Detail Compromise 530.5(a) (Goods/Services/Credit) PC
Identity Theft SHR-49 Station/Unit Jurisdiction of goods/services/credit compromise Combination of URN Detectives will have priority over utility. Utilities and 11 Goods/Services/Credit A Code 117 - Identity Theft Detail Compromise 530.5(a) (Goods/Services/Credit) PC (Outside LASD jurisdiction)
Identity Theft SHR-49 Social Security All cases involving Social Security Numbers only (Social Security URN Administration will be forwarded to the Social Security Number) 530.5(a) 11 Administration. If compromise involves PC P employment, forward copy of report to the Employment Development Department.
NOTE: “SRD” Identity Theft Detail
Code 119 - Identity Theft Detail (Profiles)
Identity Theft SHR-49
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(Income Tax) URN Station/Unit Refer victim to Tax Payer Advocacy 530.5(a) PC 11 Detectives Unit. Indicate nature of income reported and dates assessed in crime report. Forward to the Internal Revenue Service or Franchise Tax Board to handle case.
NOTE: “SRD” Identity Theft Detail
Code 119 - Identity Theft Detail (Profiles)
Identity Theft Custody cases
Utilities only SHR-49 Station/Unit Handle accordingly. URN Detectives 11 Code 118 - Identity Theft Detail (Utilites) A
Identity Thefts SHR-49 Identity Theft Detail During business hours-immediate notifications to (All others) URN Fraud Unit. After business hours, weekends and 11 A holidays-notify Sheriff’s Information Bureau.
Code 117 - Identity Theft Detail (Goods/Services/Credit)
Identity Thefts SHR-49 Identity Theft Detail Non-Utility case/Immediate notification to Fraud (Reasonable Cause URN Unit - Identity Theft Detail or Sheriff’s Information Arrests) 60 A Bureau after hours.
Code 609 - Reasonable Cause Arrest (All Other Felonies)
Identity Thefts where SHR-49 Identity Theft Detail Document nature of identity compromise based crime undetermined URN or Station/Unit on information available from victim. If act and “Suspicious 44 Detectives involves utilities, refer to section marked “utilities” Circumstances” for assignment. A Code 444 - Suspicious Circumstances, Possible Criminal Activity
Identity Theft involving SHR-49 Identity Theft Detail Station/Unit detectives MUST verify with dealer fraudulently obtained URN vehicle fraudulently obtained via means involving vehicles 11 A Identity Theft. If LASD jurisdiction, prepare CHP- 180 and enter into SVS. Prepare supplemental report of facts and REASSIGN to Identity Theft Detail. If outside LASD jurisdiction, do not enter into SVS. Forward case to proper law enforcement agency for follow-up investigation and SRD to Identity Theft Detail.
NOTE: “SRD” Identity Theft Detail
Code 117 - Identity Theft Detail (Goods/Services/Credit)
Identity Theft involving SHR-49 Station/Unit All cases involving attempts will be “Attempts” URN Detectives documented. If outside LASD, refer to proper 11 agency.
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P NOTE: “SRD” Identity Theft Detail
Code 119 - Identity Theft Detail (Profiles)
Identity Theft SH-R-49 Identity Theft Detail Code 119 - Identity Theft Detail (Profiles) (Possession of URN Profiles) 11 A 530.5(a) PC
FORM NUMBER ASSIGNMENT ADDITIONAL INFORMATION AND CLASSIFICATION FILE NUMBER AND STATISTICAL CODES Crime or Incident PRIORITY ACTION
MPP 4-06/075.00 SH-R-49 Station/Unit Mail copy of report and any small quantity ($200 COUNTERFEIT URN Detective or less) of counterfeit notes to local office of the 30 or 31 U.S. Secret Service. Comply with special (Currency, coins, A instructions from Secret Service concerning the U.S. Warrants, etc.) mailing of larger quantities.
Telephone information to local office, Duty agency, for any of the following: Arrests or detentions for passing or possessing counterfeit money; Any situation involving the passing or finding of two or more counterfeit notes; Any situation, even if only one counterfeit note is involved, where there are current investigative leads such as license number or name of suspect; and Any information received relating to individuals involved in a counterfeit operation.
DOJ requires MO data.
Code 302 - Counterfeiting - Federal Documents Code 308 - Federal Offenses - Not involving money. Code 316 - Federal Offenses - Involving money.
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JUVENILES
JUVENILE HALL ADMISSION REQUIREMENTS
ALL ADMISSION 1. All property must be bagged and listed 2. All admission should be cleared by juvenile hall: a. B/W 0600hrs and 0001hrscontact the IDC Officer at (818) 364-2022 b. After 0001hrs contact Admissions Officer at (818) 364-2044 / 364-2011. 3. All injuries and evidence of drug and/or alcohol must be medically cleared. 4. 5150’s must be cleared by mental health staff at a hospital, prior to admission to Juvenile Hall.
OPEN CHARGE 1. Juvenile Hall Entrance Record: original +2 copies 2. Medical Screening Form : original + 1 copy 3. Probable Cause Declaration: original +1 copy 4. Live Scan – 2 originals or 1 original + 1 copy
WARRANT ONLY (NO OPEN CHARGE) 1. Juvenile Hall Entrance Record: original + 2 copies a. Reason for detention: “Warrant” b. Description of incident: How contact was made with minor 2. Probable Cause Declaration: original +1 copy 3. Lie Scan – 2 originals or 1 original + 1 copy
WARRANT + OPEN CHARGE Same as OPEN CHARGE listed above.
TRACE Target Responsibility for Alcohol Connected Emergencies The Department of Alcoholic Beverage Control (ABC) should be notified immediately of any death or serious injury involving underage drinking. TRACE is a protocol wherein first responders to alcohol-related emergencies immediately notify ABC when an incident involves a person under 21 and alcoholic beverage. ABC Investigators will conduct a simultaneous investigation to determine where the alcoholic beverages were acquired, purchased, or served. Investigators will be alert to the collection of evidence that may indicate where the alcoholic beverage was obtained. Such evidence can include false identification, receipts, bags, labels, and statements of witnesses. A timely notification to the TRACE Unit greatly improves the chance of a successful investigation. If the TRACE investigation determines that an ABC licensed location sold or furnished alcoholic beverages to a minor, the Department will file administrative action to suspend or revoke the license of that business. The TRACE Protocol was developed by the Department of Alcoholic Beverage Control, Office of Traffic Safety, California Attorney General’s Office, California Highway Patrol, California Police Chiefs Association, and California State Sheriffs’ Association. 24 HOUR CONTACT Southern California (562) 239-5949
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JUVENILE CITATION INSTRUCTIONS REFER TO YOUR STATION’S DB/TRAFFIC OFFICE AS THESE PROCEDURES MAY BE DIFFERENT VEHICLE CODE CITE TO: ALL INFRACTIONS ADULT TRAFFIC COURT ALL MISDEMEANORS **EXCEPT DUI** PROBATION DUI MISDEMEANORS DELINQUENCY COURT BUSINESS AND PROFESSIONS CODE CITE TO: 25658, 25661, 25662 PROBATION ALL OTHER MISDEMEANORS DELINQUENCY COURT STREETS AND HIGHWAYS CODE CITE TO: 27176 PROBATION ALL OTHER MISDEMEANORS DELINQUENCY COURT HARBOR AND NAVIGATIONS CODE CITE TO: EQUIPMENT AND REGISTRATION PROBATION PROVISIONS ALL OTHER MISDEMEANORS DELINQUENCY COURT PUBLIC RESOURCES CODE CITE TO: 5003, 5008, 33211.6 PROBATION ALL OTHER MISDEMEANORS DELINQUENCY COURT PENAL CODE CITE TO: ALL NON-TRAFFIC RELATED INFRACTIONS PROBATION 594; 594.1(b),(d),(e); 602m; 640; 640(a); 647f PROBATION ALL OTHER MISDEMEANORS DELINQUENCY COURT HEALTH AND SAFETY CODE CITE TO: 11357(b) PROBATION ALL NON-TRAFFIC RELATED INFRACTIONS PROBATION ALL OTHER MISDEMEANORS DELINQUENCY COURT FISH AND GAME CODE CITE TO: ALL MISDEMEANOR VIOLATIONS PROBATION MUNICIPAL CODE CITE TO: LOITERING, CURFEW, EVASION OF FARES PROBATION ALL OTHER MISDEMEANORS DELINQUENCY COURT ADULT TRAFFIC COURT USE ADULT COURT ADDRESS PRINTED ON CITATION ADD PHONE NUMBER FOR PARENT ON CITE WRITE “MUST BRING ONE PARENT” ON CITE DELINQUENCY COURT USE DELINQUENCY COURT ADDRESS CITE PARENT RE:660.5(E) WIC “PARENT OF MINOR (NAME/BIRTHDATE OF MINOR) CITED ON CITATION #______” WRITE REPORT, EITHER TRAFFIC STATEMENT OF FACTS OR SHAD 49. SOME VC MISDEMEANORS REQUIRE SHAD 49. (SEE YOUR DB OR TRAFFIC OFFICE FOR “STATEMENT OF FACTS FOR MISDEMEANOR TRAFFIC OFFENSES.”) PROBATION DO NOT USE A COURT DATE OR COURT ADDRESS. IF THERE IS A COURT ADDRESS, CROSS OUT COURT ADDRESS. CHECK BOX INDICATING “TO BE NOTIFIED” (BELOW COURT PH #) PROBATION WILL CONTACT THEM DIRECTLY
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SCAR/APS GUIDELINES If you are assigned a SCAR or APS, either pick up the hard copy or ask the W/D to email the report to you (see Domestic Violence section for elder abuse reports). Please make every attempt to contact all parties listed in the reports. If time permits attempt a roll-back later in shift if necessary. If unable to respond, UTH the call, so that the dispatcher can easily reassign the call to another unit. If unable to respond, or unable to contact, please return the hard copy report to the W/D. SCAR CLEARANCE GUIDE STAT CODE REASON NOTES No ACK at loc, all parties not interviewed, etc. DO NOT USE 212, 444, 777, etc for Further Investigation 416 clearance code Required Complete SCAR Check-Off form Return hard copies to Watch Deputy Suspicious circumstance, possible abuse. Suspicious URN & SH-R- 49 418* Circumstances DO NOT USE 444. Attach SCAR to 49 URN required with 419 stat 419* No Crime Complete SCAR Check-Off form Turn in to Watch Sgt URN & SH-R- 49 , appropriate crime stat Crime Stat Crime Occurred Attach ID of tag to 49 Investigating Child Abuse Actual physical exam of a physically abused child is mandatory. A deputy of either sex may examine a child who is 3 years of age or younger. When the child is 4 years of age or older, the exam shall be performed by a deputy of the same sex or medical personnel. Deputies should consider having a witness present when examining a child for injuries. All children living in the home shall be examined.
Suspicion Of Abuse Write a SH-R-49 - Include the following in the narrative: SCAR referral number. Name/DOB of all siblings and residents at the location. Name(s) of non-deputy witness(s) to child's interview. Attach SCAR to 49-write URN and Tag on upper right corner of SCAR. Pull URN using the appropriate retention and stat code*. The above procedures also apply to "Suspicious Circumstances" reports. Do not use 419 Stat Code on a "Suspicious Circumstances" report.
* Required to utilize a mandatory secondary clearance code (851, DCFS Notified, or 852, DCFS Not Notified)
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CHILD ABUSE LAWS 270 PC M Parent’s failure to provide for child. 270.5 PC M Duty of parent to accept minor into home or provide alternate shelter. 271 PC F / M Desertion of child under 14 with intent to abandon. 272 PC M Contributing to the delinquency of a minor. 273a(a) PC F Willful cruelty or unjustifiable punishment of a child likely to cause great bodily injury. 273a(b) PC M Willful cruelty or unjustifiable punishment of a child. 273d PC F Inhumane corporal punishment or injury inflicted on child. 278 PC F Non-custodial parent taking, concealing child to keep from custodial parent. 278.5 PC M Deprivation of custody of child or right to visitation. SEX CRIMES AGAINST CHILDREN 288(a) PC F Sex with children under the age of 14. 288(b) PC F Sex with child under the age of 14 through means of force or fear. 288(c) PC F Sex with child under 16, suspect 10 years or older than victim. 288a PC F/M Oral copulation. 647.6 PC F/M Annoy or molest any child under 18 years old. WEAPONS LAWS 626.9 PC F/M No one may bring or possess any firearm on a school campus. 626.10 PC M Possess or bring knife, razor, or stun gun on a school campus. 21510 PC M Possession of switchblade knife with blade two or more inches in length. 19915(A) PC M Give or sell air gun to a minor without parent’s consent. DRUG LAWS 11353 H&S F Adults involving minor in 11350 H&S, 11351 H&S, or 11352 H&S. 11354 H&S F Minor involving minor in 11350 H&S, 11351 H&S, or 11352 H&S. 11357(b) H&S Marijuana, less than 1 oz. (See Marijuana Enforcement) 11357(e) H&S Possession or marijuana on school grounds not more than 28.5g. 11361 H&S Giving or using a minor to use, sell, or transport marijuana. 11380 H&S F Involving or furnishing drugs to a minor. 11532(a) H&S M Loiter as lookout or sell narcotics, etc. 48900(j) E.C. M Possession of drug paraphernalia on school campus. ALCOHOL - SALES & POSSESSION 25658(a) B&P M Sales, gives or furnishes to minor. 25658(b) B&P M Purchase by minor. 25658(c) B&P M Consumption by minor. 25661 B&P M Presenting or possession of false evidence of age. 25662 B&P M Minor in possession of alcohol. 25665 B&P M Minor in public place where alcohol is served. ALCOHOL - MOTOR VEHICLES 23220 VC I Drinking while driving a motor vehicle. 23221 VC I Drinking in a motor vehicle. 23222 VC I Possess open container containing alcoholic beverage or marijuana while driving. 23223 VC I Possession of opened container in a motor vehicle. 23224(a) VC I Minor driving motor vehicle carrying alcoholic beverage. 23224(b) VC I Passenger, who is a minor, in a motor vehicle carrying alcoholic beverage. 23225(a)(1) VC I Operator of vehicle allowing open container. 23226 VC I Open container in passenger compartment of vehicle. SCHOOL LOITERING OFFENSES 626.6 PC M Interfere with school activity or re-enter within 72 hours. 626.8 PC M Causing a disruptive presence on or near a school and refuse to leave. 653b PC I Loitering around a school after being asked to leave. MISCELLANEOUS CITABLE OFFENSES 148.9 PC M Falsely identify self to peace officer. 303a PC M Loitering to beg or solicit alcoholic beverage.
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Tobacco Product, sale or give to any “person, firm, or corporation” to furnish tobacco 308 PC M products to anyone under the age of 21. 330 PC M Illicit gaming. 369l PC M Entering or remaining on railroad property. 370 PC M Obstruct street. 374D PC M Animal carcass near highway. 374.3 PC M Dumping. 374.4 PC I Littering. 402 PC M Interference at scene of traffic accident (Includes Drones). 415 PC M Disturbing the peace. 485 PC M Keeping lost property. 488 PC M Petty theft. 484 PC I Petty theft of less than $250. 499b PC M Operating bicycle without permission. 502 PC Unauthorized access to computers, computer systems or computer data. 555 PC M Trespass on posted property. 555.2 PC M Loitering in vicinity of posted commercial property. 594 PC M/F Vandalism. 602(l) PC M Trespassing. 602(n) PC M Trespassing w/vehicles. 602(m) PC M Trespassing w/o authority. 602.5 PC M Unauthorized entry of property. 602.6 PC M Entry or loitering on closed fair grounds not open to public. 602.8 PC M Entry on fenced property without permission. 640(b)(1) PC I Bus fare evasion, disturbance. Skateboarding, roller-skating or rollerblading in system facility, vehicle or parking 640(a)(5) PC I structure 648(a) PC I Use of slugs in coin machine. 640.5 PC I Graffiti to government facility (if less than $250 in damage). 640.6 PC I Graffiti (if less than $250 in damage). 647(b) PC M Loitering, annoying person attending adult school. 647(d) PC M Loitering in or about any toilet open to the public. 647(e) PC M Loitering, refusing to identify self. 647(f) PC M Public drunkenness. 647(h) PC M Loiter, prowl or wander upon private property. 647(I) PC M Peeping, prowling. 653.22 PC M Loiter with intent to commit prostitution. 853.7 PC M Violation of written promise to appear. TAKING MINORS INTO CUSTODY 300(a) WIC Minor suffered serious physical harm inflicted by parent. 300(b) WIC Minor suffered serious physical harm or illness due to neglect. 300(c) WIC Minor is suffering serious emotional damage as a result of the parents. 300(d) WIC Minor sexually abused or risk of such, if left in home. 300(e) WIC Minor under 5 suffered abuse by parent. 300(g) WIC Minor without support. 300(i) WIC Minor subjected to acts of cruelty by parent or member of household. 300(j) WIC Minor’s sibling has been abused and there is risk for the minor. 305 WIC Minor in need of medical care (several sections). 601 WIC Runaway, curfew, transient (non-secure detention). 602 WIC Minor violates any city / state / federal ordinance or law. 625(a) WIC If officer has reasonable cause to believe minor is 601 W.I.C. or 602 W.I.C. 625(b) WIC Minor found on street or public place in need of medical attention.
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916B CHEATER FOR JUVENILES ONLY CONDITIONS AGE 0-13 AGE 14-17 Less than $50 Counsel/JIF or Cite for 484(a) PC Cite for 484(a) PC No prior theft record Gladys R. SHAD 49 Less than $50 SHAD 49 Cite for 484 (a) PC Cite for 484(a) PC Cite parent With prior theft record Cite parent Gladys R. Counsel/JIF More than $50 but Cite for 484(a) PC SHAD 49 SHAD 49 Cite for 484(a) PC Less than $950 Cite parent Cite parent Gladys R. Cite/book for 487 PC Cite/book for 487 PC More than $950 Cite parent Cite parent Gladys R. Cite/book for 459/459.5 Cite/book for 459/459.5 PC If you can show intent PRIOR to PC Cite parent entrance Cite parent
Gladys R. CITING JUVENILES FOR 484(A) PC -CONTACT YOUR STATION'S DB AS THIS PROCEDURES IS GOING THRU NUMEROUS CHANGES- As of 06/2012: All traffic infractions shall be cited to the traffic courts in the same manner as any adult citation. All Traffic Citations issued to minors that are not traffic infractions shall be referred to the Probation Department (those under 256 WIC).
Cite juvenile to COURT OR PROBATION If Non-Traffic, mark the “To Be Notified” Box, station will submit to the Probation Department for Disposition. Write “MUST BRING ONE PARENT TO COURT” and a booking number on the edge of the citation. IF you are citing to traffic court, do not cite parent. On the back of the white copy, write the following: Informant/witness information. What the informant saw What was stolen (stolen/recovered)
STATION DETENTIONS Juvenile misdemeanors are cite-outs. In some cases, especially probation violations may be accepted to juvenile hall. Juvenile felony will usually be accepted into juvenile hall. Notify W/C of Juvenile Log Run an inquiry in RAPS/JAI to determine if detention in juvenile hall is needed. TRANSFER TO JUVENILE HALL Notify parents. Complete a Juvenile Hall Entrance Record Form and a booking package. Remove and package all property.
WARRANT CITE OUT Each warrant is a separate case file at a court so a separate cite is required for each warrant. Open charges should never be placed on the same citation as a warrant cite out. Complete a booking packet, cite, and yellow JIF, Call parents to pick up juvenile. A yellow Juvenile Information Form (JIF), used by patrol only, is made in lieu of a incident report in all cases where the juvenile is not arrested and patrol deputies are able to handle to conclusion the following types of cases: Petty theft by juveniles under 14 years of age, Juveniles committing misdemeanors or infractions when no follow-up is required, Juveniles committing misdemeanors or infractions on a school campus, that requires no follow-up, shall require an URN number. PRIVATE PERSON'S ARREST Contact security, read statement of facts, check and collect all paperwork: Private Person's Arrest Form is not needed for a juvenile arrest Run subject Miranda Determine crime If subject has not history of JAIN: 1. Contact W/C for ok to field release. 2. Contact parents for pick up.
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3. When parents arrive verify IDs (government only) 4. If parents look not responsible, book at station, and have Detective Bureau talk to subject. If subject has a history of JAIN: 1. Book at station 2. Complete SH-AD-49 3. Have Detective Bureau talk to subject JUVENILE CITATIONS Court date should be at least 60 days after the date cited. Check MDC or In-Service for proper court date Write “MUST BRING ONE PARENT” on cite. MARIJUANA Marijuana violations should be cited on a separate cite from other violations.
SPECIAL VICTIMS BUREAU CASE ASSIGNMENT
The SVB Intranet site is a great resource for child abuse cases and reports. It is recommended you review the site to assist you in writing good reports.
PURSUANT TO THE MPP 4-06/023.00, CHILD ABUSE REPORTS SHALL NOT BE DEFERRED
The following cases are to be assigned to the Special Victims Bureau:
When a first report or supplemental report is generated regarding child abuse, sexual assault or rape (adult or juvenile), SVB shall be notified immediately by telephone** followed by the submission of the approved report by FAX.
Suspicious Circumstances, misdemeanor and felony incidents that involve child abuse and sex crimes will be retained indefinitely with a "0" retention.
The STAT Code "444" shall not be used on a Suspicious Circumstances Child Abuse report. The correct STAT code is "418."
PHYSICAL ABUSE 273a P.C., Child Endangering (Station Handle) / Physical Abuse (SVB Handle)
273d P.C., Cruelty to a Child SEXUAL ABUSE 243.4 P.C., Sexual Battery
261 P.C., Rape
261.5 P.C., Unlawful Sexual Intercourse 264.1 P.C., Rape or penetration with foreign object, acting in concert 266 P.C., Enticement of female under 18 for purpose of prostitution 285 P.C., Incest 286 P.C., Sodomy
288 P.C., Lewd acts upon a child 288a P.C., Oral Copulation 288.5 P.C., Continuous sexual abuse 289 P.C., Penetration by foreign object 207(b) P.C., Kidnapping for purpose of committing 288 220 P.C., Assault with intent to commit rape, sodomy, oral copulation, etc. 311.2 P.C., Sending or bring Child Pornography into State 311.3 P.C., Sexual exploitation of child, knowingly develop child porn
311.11 P.C., Possession or control of Child Pornography
647.6 P.C., Annoy or molest a child
CASE ASSIGNMENT - SPECIAL VICTIMS BUREAU STAT CODE PENAL CODE DESCRIPTION 021 261 PC Rape (Adult Victim) ** 022 664/261 PC, 220 PC Attempt Rape (Adult Victim) 023 261 PC Rape (Juvenile Victim, under 18 yrs.) 024 664/261 PC, 220 PC Attempt Rape (Juvenile Victim, under 18 years) 059* 273a (a) PC Physical Abuse (Felony) 059* 273d PC Physical - Corporal Punishment 120 288 (a) PC Lewd acts Upon a Child 120 288 (b) (1) PC Lewd acts Upon a Child, with Force 121 261.5 (c) & (d) PC Unlawful Intercourse (Felony) 139 261.5 (b) PC Unlawful Intercourse (Misdemeanor)
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127 288a PC Oral Copulation 128 286 PC Sodomy 129 288 (c) (1) PC, 289 PC All Other Sex Felonies 129 647.6 (b) PC Annoy or Molest (Offender lives in Home - Felony) 134 647.6 (a) PC Annoy or Molest (Offender lives in Home - Misd.) 129 243.4 PC Sexual Battery (Felony) Sexual Battery (Misd.) (Adult Victims - Station DB 139 243.4 PC handle) 149* 273a (b) PC Physical (Misd.) 418 All Above Sections Child Abuse - Suspicious Circumstances This STAT Code is only for Non-Criminal SCARS, 419 Non-Criminal SCARS Only it should never be used on a Crime Report (SH-R 49) ** Rapes occurring in a custody facility between inmates shall be handled by Jail Investigations Unit (JIU)
CASE ASSIGNMENT - STATION HANDLE STAT CODE PENAL CODE DESCRIPTION 059 273a (a) PC Child Endangerment (Felony) Annoy or Molest 129 647.6 (b) PC (Offender lives out of home - Felony) Annoy or Molest 134 647.6 (a) PC (Offender lives out of home - Misd.) 149 273a (b) PC Child Endangerment (Misd.) 171 271 PC Child Abandonment 172 270 PC Neglect / Failure to Provide 327 278 PC, 278.5 PC Child Stealing 418 All Above Sections Child Abuse - Suspicious Circumstances * In cases of a physical assault between like age minors, the report should be written as 242 P.C., 245 P.C. etc. and not 273 P.C.
DCFS HOTLINE QUESTIONS State Law mandates that Law Enforcement notify DCFS (Department of Children and Family Services) whenever child abuse is suspected. Have the below information ready for the Child Protection Hotline (800) 540-4000 Mother’s name, DOB, addresses and telephone number Father’s name, DOB, addresses and telephone number Child’s name, DOB, addresses and telephone number Child’s school name Other relatives residing at location Does the child have siblings, if so provide name, DOB and location Language(s) spoken Suspect’s name, DOB, addresses and telephone number What are the allegations? Location of incident When did the act of abuse occur? Frequency of Abuse Any (describe) visible marks, bruises, lacerations, etc. Medical issues of minors (medications, disabilities, special needs or special diet) Deputies need to note in their first report: +The time the call was made +The 19 digit Hotline referral number +The name of the children’s Social Worker (CSW) receiving the information
PROTECTIVE CUSTODY
Any peace officer may take into protective custody a minor, when the officer has reasonable cause for believing that the minor is described in Section 300 WIC. Section 305 WIC gives peace officers the right to detain minors. It is the responsibility of law enforcement to detain children that are victims of child abuse related crimes. DCFS only has the authority to detain children in cases of Neglect and Lack of Supervision. If children are detained, the classification shall indicate a crime and not "Suspicious Circumstances." No arrest or detention can be made on a "Suspicious Circumstances" report. DCFS has the legal responsibility to place a detained minor. Under no circumstances shall law enforcement officers ever determine placement for any child after the child is in protective custody. Arresting the suspect DOES NOT relieve you of the duty to evaluate the safety of the child. Keep in mind the child's safety if the suspect is released from custody due to bail or bond. Is there a responsible adult in the home who will protect the child? When the safety or welfare of a child is at stake, protective custody should be seriously considered. When children are taken into protective custody, the following steps shall be followed: Notification made to the DCFS Child Protection Hotline: (800) 540-4000. Obtain and document a DCFS reference number issued by the Hotline.
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Completion of a "9-line" booking slip, DO NOT obtain a Booking Number (MPP 5-02/045.05). Booking slip submitted to station jailer and an entry made in the "gate book." Release section of the booking slip (back of white copy) completed when the child is released to DCFS. The detained minor is described as a "Subject/Victim" (SJ/V) on the SH-R 49. The appropriate 300 W.I.C. section listed on the "Charge" line Copies of RAPS, CCHRS and warrant checks shall be provided upon request (see below). Pursuant to California law, law enforcement officers are required to run and provide Emergency Response Children's Social Workers (CSW) with copies of federal (NCIC), state (ACHS) and local (CCHRS) criminal history reports on any person (14 or older) who resides in a prospective temporary home of a child who has previously been taken into protective custody under 300 WIC. The law also allows us to provide the social workers with booking photographs, past and present. Law enforcement officers will run all persons upon request of a CSW, who reside in this prospective placement, for warrants and a copy of the findings will be provided to the social worker. (Refer to Penal Code sections; 11105(a)(2); 11105(b)(17); 13300(a)(1) and 13300(b) and Welfare and Institutions Code Sections 309(d), 362.7 and 16504.5 ). Helpful tips If the DCFS Social Worker insists on a medical examination prior to accepting the detained minor, an "OK to book" medical is all that is necessary for placement purposes unless otherwise warranted (see medical examinations). If children are detained, the classification shall indicate a crime and not "Suspicious Circumstances." No arrest or detention can be made on a "Suspicious Circumstances" report. Arresting the suspect DOES NOT relieve you of the duty to evaluate the safety of the child. Keep in mind the child's safety if the suspect is released from custody, due to bail or bond. Is there a responsible adult in the home who will protect the child? DCFS Social Workers are valuable assets in the investigation of child abuse cases, but they are not there to tell you what to do. A team approach will benefit your investigation and better protect the children. A request by DCFS to "keep the peace" should be evaluated as a potential child abuse report, and if evidence of a crime is present, a crime report shall be completed.
"Hospital Holds" shall be placed on any child hospitalized as a result of child abuse. The child should then be booked and the above procedures followed. Immediate notification shall be made to the Special Victims Bureau by the handling deputy upon learning that a child is hospitalized under these circumstances. In addition to the above procedures, some hospitals have an additional form that they require. If that is the case, that form shall be completed and a copy submitted with your report. Hospital security and the childs treating doctor should also be notified of the hold. Hospital Holds are a form of Protective Custody (see above requirements)
Warrant-less Entry: Case law provides that law enforcement officers have the right to make a warrant-less entry into a home to check on the welfare of a juvenile inside the home whenever the officer has reasonable cause to believe a juvenile is being physically abused, neglected or sexually exploited. If your informant is a DCFS Social Worker, who is without firsthand knowledge of a crime, contact a field supervisor.
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JUVENILE DETENTION LOGS MATRIX By Sgt. Kevin L Schlecht
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LOS ANGELES COUNTY CODES LACC L DESCRIPTION 10.08.230 I Unlicensed Dog. 10.32.010 I Leash Law. 13.18.010 M Drinking in Public. 13.34.010 M Any Person Acting as a Lookout for any Illegal Activity. 13.56.020 M Curfew Violation: Any Person Under l8 yrs not with Parent or Guardian 2200 to sunrise. 13.56.030 M Any Person who Aids/Abets/Encourages Curfew Violation (Parent/Guardian) 13.62.020 M Carrying any Knife or Dagger in Plain View (Read: 13.62.010). 15.64.210 I Removal of Ignition Key when Vehicle is Parked. 15.64.340 I Vehicle Parked on Street Displaying “For SaIe Sign.” 15.76.120 I Repairing Vehicle on Street. 15.76.130 I Washing Vehicle on Street 15.76.090 I Riding Double on Bicycle Handle Bars. 15.76.190 I Littering (limited use -see 376(b) PC). 15.20.070 I No Parking, Posted Signs, Markings. 15.64.010 I Parking Time limits. 15.64.320 I Parking - Blocking Driveway on Public Street. 15.64.370 I Parked within 15 ft. of Fire Hydrant (private street). 15.64.260 I Parked in Violation of No Parking Sign (street sweeping). 15.64.270 I Parked on Private Property without Consent. 15.64.290 I Parking on Parkway. 15.64.050 I Parking Comm. Vehicle over 6000 lbs. in Residential Area between 0200 and 0600 hrs. 15.64.100 I Parking of any Trailer or Semi-Trailer. 15.64.130 I Parking in an Alley. 15.64.040 I Parking at Mailbox. 15.64.110 I Bus Loading Zone. 15.64.250 I Double Parking. 15.68.050 I Commercial Vehicle over 6000 lbs. on Posted Street Prohibiting same. 15.20.130 I Parking Space Markings (occupying 2 spaces at curb). 15.20.070 I Obedience to Traffic Signs - Vehicles. 15.44.140 I Parking in Delineated Spaces - Housing Projects. 15.44.150 I Restricted Parking - Housing Projects Permits. 15.44.160 I No Vehicle Maintenance in Housing Projects. 15.64.020 I Parking Loading Zone - Commercial (20 mins.). 15.64.030 I Parking Time limit - Post Office (10 mins.). 15.64.140 I Temporary No Parking (Road Repair. etc.). 15.64.220 I Parking on Grades (wheels toward curb). 15.64.240 I Angle Parking (park within space). 15.64.300 I Blocking Street. 15.64.330 I Parking in Intersection. 15.64.360 I Parking Adjacent to School when Posted. 15.64.390 I Parking Assigned Parking Spaces. 15.64.400 I Handicap Parking - On Street. 15.64.410 I Handicap Parking - Off Street. 15.64.490 I Parking Meter Violation. 15.64.500 I Deposit of Slug in Parking Meter COUNTY PARK ORDINANCES 17.04.410 Dog Required To Be On Leash 17.04.420 Horse Riding Prohibited 17.04.330 Sunset To Sunrise, Park Closed 17.04.370 Motorcycling I Off-Road Travel Proh. 17.04.440 Alcohol In A County Park MISC. OFFENSES 13.18.010 Drinking In Public 13.34.010 Lookout For Illegal Activities Prohibited 13.34.020 Signaling Approach Of Police Prohibited 15.62.020 Carry Knives Or Daggers In Plain View Blade 3” Or Longer, Ice Pick, Etc. MINORS 13.56.010 Loitering 13.56.020 Curfew For Persons Under 18 Yrs. Old 13.57.010 Truancy - Under 18 Years Old
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ELECTIONS AND POLLING PLACE LAW ENFORCEMENT REFERENCE
POLLING PLACE ELECTION CODE VIOLATIONS ELECTION CLASS NOTES CODE ELECTIONEERING AT OR NEAR POLLS PROHIBITED No person on election day, or at any time that a voter may be casting a ballot, shall, within 100 feet of a polling place or an election official’s office: 1. Circulate an initiative, referendum, recall, or nomination petition or any other 18370 M petition. 2. Solicit a vote or speak to a voter on the subject of marking his or her ballot. 3. Place a sign relating to voters’ qualifications or speak to a voter on the subject of his or her qualifications except as provided in Section 14240. 4. Do any electioneering. As used in this section “100 feet of a polling place or an elections office” means a distance 100 feet from the room or rooms in which voters are signing the roster and casting ballots. VANDALISM AT POLLING PLACES No person, during any election, shall do any of the following: 1. Remove or destroy any of the supplies or other conveniences placed in the voting booths or compartments for the purpose of enabling the voter to prepare his or her ballot. 18380(a) M 2. Remove, tear down, or deface the cards printed for the instruction of voters. 3. Remove, tear, mark or otherwise deface any voter index with the intent to falsify or prevent others from readily ascertaining the name, address, or political affiliation of any voter, or the fact that a voter has or has not voted. 4. Remove, tear down, or deface the signs identifying the location of a polling place or identifying areas within 100 feet of a polling place. INTIMIDATION OF VOTERS No person shall, with the intent of dissuading another person from voting, within 100 feet of a polling place, do any of the following: 18541(a) F 1. Solicit a voter or speak to a voter on the subject of marking his or her ballot. 2. Place a sign relating to voters’ qualifications or speak to a voter on the subject of his or her qualifications. 3. Photograph, videotape, or record a voter entering or exiting a polling place. For purposes of this section, 100 feet means a distance of 100 feet from the room or rooms in which voters are signing the roster and casting ballots. ARMED PERSONS IN A POLLING AREA 1. Any person in possession of a firearm or 2. Any uniformed peace officer, private guard, or 3. Security personnel or any person who is wearing a uniform of a peace 18544(a) M/F officer, guard, or security personnel, 4. Who is stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate city or county elections official. -Use EC 18545 for HIRING for any of the above- 18544(a) shall not apply to any of the following: 1. An unarmed uniformed guard or security personnel who is at the polling place to cast his or her vote. 2. A peace officer who is conducting official business in the course of his/her public employment or who is at the polling place to cast his or her vote 3. Private guard or security personnel hired or arranged for by a city or county elections official. A private guard or security personnel hired or arranged for by the owner or manager of the facility or property in which the polling place is located if the guard or security personnel is not hired or arranged solely for the day on which an election is held.
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CORRUPTION OF VOTING 1. Not being entitled to vote at an election, fraudulently votes or fraudulently attempts to vote at that election. 18560 F 2. Being entitled to vote at an election, votes more than once, attempts to vote more than once, or knowingly hands in two or more ballots folded together at that election. 3. Impersonates or attempts to impersonate a voter at an election. CORRUPTION OF VOTING – TAMPERING WITH VOTING SYSTEM Before or during an election, tampers with, interferes with, or attempts to interfere 18564 F with, the correct operation of, or willfully damages in order to prevent the use of, any voting machine, voting device, voting system, vote tabulating device, or ballot tally software program source codes.
GENERAL ELECTION CODE VIOLATIONS ELECTION CLASS NOTES CODE PREVENTING A PERSON FROM VOTING BY FORCE OR FEAR 1. Every person who makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation, 2. To induce or compel any other person to vote or refrain from voting at any 18540(a) F election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or 3. Refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election. -Use EC 18540(b) for HIRING for any of the above- EMPLOYER INFLUENCING VOTING Every employer, whether a corporation or natural person, or any other person who employs, is guilty of a misdemeanor if: 1. In paying his or her employees the salary or wages due them, 18542 M 2. Encloses their pay in pay envelopes upon which or in which there is written or printed the name of any candidate or any political mottoes, devices, or 3. Arguments containing threats, express or implied, intended or calculated to influence the political opinions or actions of the employees. CHALLENGING A PERSON’S RIGHT TO VOTE 1. Every person who knowingly challenges a person's right to vote without probable cause or on fraudulent or spurious grounds, or 2. Who engages in mass, indiscriminate, and groundless challenging of voters solely for the purpose of preventing voters from voting or to delay 18543(a) F the process of voting, or 3. Who fraudulently advises any person that he or she is not eligible to vote or is not registered to vote when in fact that person is eligible or is registered, or 4. Who violates Section 14240.
FOR INFORMATION OR QUESTIONS DURING AN ELECTION REGARDING POLLING PLACES The Los Angeles County Registrar-Recorder/County Clerk 12400 Imperial Highway, Norwalk, CA 90650 Registrar of Voters: (800) 815-2666 Polling Place Information: (800) 815-2666, Option #1 Recorder/County Clerk: (800) 201-8999
REFERENCES 1. Law Enforcement Legal Reporter, November 2016 2. California Elections Code Sections 3. Los Angeles County Registrar-Recorder/County Clerk
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SEXUAL CRIMES RAPE 261(a)(1) PC F Victim incapable of consent due to mental, developmental, or physical disability 261(a)(2) PC F By force, violence, duress, menace, or fear of inquiry 261(a)(3) PC F By intoxicant 261(a)(4) PC F Victim unconscious of nature of act 261(a)(5) PC F By pretense of being victim’s spouse 261(a)(6) PC F By threat of future retaliation 261(a)(7) PC F By threat of public official authority 262 PC F Spousal rape UNLAWFUL SEXUAL INTERCOURSE 261.5 PC F Victim >18 RAPE OR PENETRATION IN CONCERT 264.1 PC F Rape by force in concert 264.1 PC F Penetration by foreign object in concert
SODOMY 286(b)(1) PC F Victim >18 286(b)(2) PC F Victim under 16, defendant over 21 286(c)(1) PC F Victim under 14, defendant more than 10 years older 286(c)(2) PC F By force, violence, duress, menace 286(c)(3) PC F By threat of future retaliation 286(d) PC F By force, in concert 286(d) PC F By threat of future retaliation, in concert 286(e) PC F In prison, or jail 286(f) PC F Victim unconscious of nature of act 286(g) PC F Victim incapable of consent due to mental, developmental, or physical disability Victim incapable of consent due to mental, developmental, or physical disability, victim 286(h) PC F and defendant in state hospital 286(i) PC F By intoxicant 286(j) PC F By pretense of being victim’s spouse 286(k) PC F By threat of public official authority
ORAL COPULATION 288a (b)(1) PC F Victim >18 288a (b)(2) PC F Victim under 16, defendant over 21 288a (c) PC F Victim under 14, defendant more than 10 years older 288a (c) PC F By force, violence, duress, menace 288a (c) PC F By threat of future retaliation 288a (d)(1) PC F By force, in concert 288a (d)(2) PC F By threat of future retaliation, in concert 288a (d)(3) PC F Victim incapable of consent due to mental, developmental, or physical disability 288a (e) PC F In prison, or jail 288a (f) PC F Victim unconscious of nature of act 288a (g) PC F Victim incapable of consent due to mental, developmental, or physical disability Victim incapable of consent due to mental, developmental, or physical disability, 288a (h) PC F victim and defendant in state hospital 288a (i) PC F By intoxicant 288a (j) PC F By pretense of being victim’s spouse 288a (k) PC F By threat of public official authority
PENETRATION BY FOREIGN OBJECT 289(a)(1) PC F By force, in concert 289(a)(2) PC F By threat of future retaliation, in concert
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289(b) PC F Victim incapable of consent due to mental, developmental, or physical disability Victim incapable of consent due to mental, developmental, or physical disability, victim 289(c) PC F and defendant in state hospital 289(d) PC F Victim unconscious of nature of act 289(e) PC F By intoxicant 289(f) PC F By pretense of being victim’s spouse 289(g) PC F By threat of public official authority 289(h) PC F Victim >18 289(i) PC F Victim under 16, defendant over 21 289(j) PC F Victim under 14, defendant more than 10 years older
SEXUAL BATTERY 243.4(a) PC F Victim unlawfully restrained 243.4(b) PC F Victim institutionalized 243.4(c) PC F Victim unlawfully restrained, made to masturbate or touch defendant/third person 243.4(d) PC F No restraint
ASSAULT WITH INTENT TO COMMIT SEX CRIME 220 PC Intent to commit PC 203, 261, 262, 264, 264.1, 286, 288a, 288, or 289 220(b) PC PC 220 in the commission of a residential burglary
RELATED DEFINITIONS 261.6 PC Consent defined 261.7 PC Request for condom not consent 263 PC Penetration defined 243.4(d)(2) PC Sexual battery definitions 243.4(e) PC Sexual battery definitions 243.4(f) PC Sexual battery definitions
RELATED CRIMES 136 PC F Intimidation of Witnesses 203 PC F Mayhem 205 PC F Aggravated Mayhem 206 PC F Torture 236 PC F Kidnapping for sexual purposes 236.1 PC F Human trafficking 266a PC F Abduction or procurement by fraudulent inducement for prostitution 266b PC F Abduction to live in illicit relationship 266c PC F Unlawful sexual activity, consent procured by fraud 266e PC F Purchasing person for purpose of prostitution 266f PC F Sale of person for immoral purpose 266h PC F Pimping 266i PC M Pandering 273.4 PC F Female genital mutilation 314 PC M Indecent exposure 646.9 PC F/M Stalking 653f(b) PC F Solicitation to commit sexual assault
See Special Victim Bureau’s assignment guidelines under the Juveniles Section of this reference for further.
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GENERAL CRIMINAL STATUTES California Police Officers Legal Sourcebook, 2016
Disturbing the Peace Pen. Code, § 415 - Misdemeanor "Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both . . . .
Any person who unlawfully fights in a public place or challenges another person in a public place to fight. Any person who maliciously and willfully disturbs another person by loud and unreasonable noise. Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction."
Disorderly Conduct (Pen. Code, § 647) Misdemeanor
b. Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, 'prostitution' includes any lewd act between persons for money or other consideration." a. Note: An act of prostitution requires sexual contact between the prostitute and the customer. (Wooten (2001) 93 Cal.App.4th 422, 433.) Also, a pimp can be convicted of conspiracy to solicit prostitution when his prostitutes are the uncharged coconspirators. (Bogan (2007) 152 Cal.App.4th 1070, 1077.) c. Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms." (This subdivision was upheld as constitutional in Zimmerman (1993) 15 Cal.App.4th Supp. 7.) d. Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act. e. Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it. f. Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way." a. Note: "Public place" means open to public use and will depend on all the particular facts. b. Subdivision (g) requires you to place anyone you have found to be in violation of subdivision (f) into protective custody, i.e., a treatment facility for inebriates, except (1) persons who are under the influence of any drug or the combined influence of liquor and any drug, (2) persons you believe have committed a felony or some misdemeanor in addition to subdivision (f), and (3) persons you believe will escape or be unreasonably difficult for medical personnel to control. In other words, the treatment facilities only want to handle alcohol- related violators, not persons under the influence of any drug. c. The remaining subsections prohibit disorderly conduct by persons: h. Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, 'loiter' means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered. i. Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant.
Loitering for Purposes of Prostitution Pen. Code, § 653.20 et seq. - Misdemeanor Under Penal Code section 653.20 et seq., it is a misdemeanor for any person to loiter (as defined) in any public place (as defined) with the intent to commit prostitution. Section 653.22 states that this intent "is evidenced by acting in a manner and under circumstances which openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution.
Trespass and Related Statutes Section 601 - Trespass by Threat - It constitutes trespass (a "wobbler") for any person to make a credible threat to cause serious bodily injury (as defined in Pen. Code §417.6(a)) to another person with the intent to place that other person in reasonable fear for his or her safety or the safety of his or her family (as defined in Pen. Code § 646.9), if the perpetrator, within 30 days from the threat, enters the workplace, residence, property, or neighboring property of the victim with the intent of carrying out the threat. Section 602 - Trespassing, generally. Section 602, subd. (h) - Trespassing upon lands where livestock is kept. Section 602, subd. (m) - Entering and occupying real property or structures without consent from the owner or person in lawful possession.
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o Note: This section requires not only "entering" upon the land, but also "occupying" the land, which means something more than mere transient, non-continuous possession. For example, simply camping on someone else's land for one night would not constitute "occupation." On the other hand, if non-consensual "occupancy" does exist, then the crime has been completed. In other words, and in contrast to what is required for trespass under some of the other subdivisions of section 602, a violation of subdivision (m) (former subdivision (l)) does not require the property to be "posted"; the occupant's lack of knowledge about the private nature of the land is irrelevant; and no request to leave by the owner or his agent is required. (Wilkinson (1967) 248 Cal.App.2d Supp. 906, 908.) Section 602, subd. (o) - Refusing to leave private property not open to the general public upon being asked to leave by the owner or by a peace officer at the owner's request. This includes land or structures owned or operated by any housing authority for tenants, with certain exceptions. o Note that a violation under this subdivision requires the property owner, or a peace officer at the owner's request, to first ask the intruder to leave. "[R]efusal to leave is the gist of the offense. Indispensable preconditions of that refusal are dual requests to leave, one from a peace officer, the other from the property possessor." (Medrano (1978) 78 Cal.App.3d 198.) Section 602.5, below, applies to unauthorized entry of noncommercial dwellings. Section 602, subd. (q) - Refusing to leave a public building of a public agency after hours. Section 602, subd. (s) - Refusing to leave hotel or motel after obtaining accommodations and refusing to pay. Section 602, subd. (t) - Entering onto private property or structures after having been convicted of a crime on that property and having received notice from a peace officer that the property is not open to the trespasser or refusing to leave the property upon request. Section 602, subd. (v) - Failing to submit to screening and inspection in the sterile area of an airport, passenger vessel terminal, or public transit facility.Section 602, subd. (x) - Entering or remaining in a neonatal unit, maternity ward, or birthing center without a lawful purpose. Section 602, subd. (y) - Intentionally avoiding security screening and inspection when entering a courthouse or government building. Section 602.1 - Intentionally interfering with lawful business by obstruction or intimidation in conjunction with refusing to leave upon request of owner, agent or peace officer. Section 602.5 - Unauthorized entering or remaining in non-commercial dwelling house. Section 602.7 - Entering or remaining on any vehicle or property owned by the San Francisco Bay Area Rapid Transit District (BART) or the Southern California Rapid Transit District and selling or peddling merchandise. Section 369i - Entering or remaining on property of a railroad or transit authority in a manner that interferes with or threatens to interfere with safe and efficient operations. Section 602.8 - Unauthorized entering of cultivated or fenced property, or uncultivated or unfenced property that has been posted, without regard to being asked to leave, or committing certain acts. Section 602.12 - Trespassing onto an academic researcher's residential property to prevent or interfere with the researcher's academic pursuits. Section 554 - Trespassing on private property when posted. Section 420.1 (Infraction) - Obstructing or preventing a person from entering, passing over, or leaving land in which the person has a recorded ownership, easement or other interest.
Public Nuisances Defined (Pen. Code, § 370) "Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs, the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance." Urinating in public view of a busy street constitutes a public nuisance. (McDonald (2006) 137 Cal.App.4th 521, 528, 536.)
Maintaining a Public Nuisance (Pen. Code, § 372) Misdemeanor "Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor." A "nuisance" could be an act, condition, thing, or person causing trouble, annoyance, or inconvenience--something that is naturally productive of actual physical discomfort to persons of ordinary sensibility and ordinary tastes and habits. Note that temporary, nonpermanent blocking of traffic, which is not done for the purpose of blocking traffic, can constitute a violation of this section--for instance, a pedestrian who walks out into the street to communicate with persons in vehicles that stop and block other traffic. (Jones (1988) 205 Cal.App.3d Supp. 1.)
Stalking (Pen. Code, § 646.9) Felony or Misdemeanor Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat--verbally, in writing, or by any electronic communication device--with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family, is guilty of the crime of stalking. "Harasses" means engaging in a knowing and willful "course of conduct," defined as two or more acts evidencing a continuity of purpose. A course of conduct can amount to a "credible threat." (Lopez (2015) 240 Cal.App.4th 436 [defendant constructed a public labyrinth, posted blogs, and persistently sent messages, letters, and packages].) The victim must be aware of and distressed by the stalker's conduct. However, this awareness does not have to be contemporaneous with the conduct; it can come later. (Norman (1999) 75 Cal.App.4th 1234, 1241.) Furthermore, the statute does not require intent to carry out the threat, but rather simply to cause fear in the victim. (Borrelli (2000) 77 Cal.App.4th 703, 713-717.)
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Annoying Telephone Calls or Electronic Contacts (Pen. Code, § 653m) Misdemeanor "Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith." (Pen. Code, § 653m, subd. (a).) "Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device, or makes any combination of calls or contact, to another person is, whether or not conversation ensues from making the telephone call or contact by means of an electronic communication device, guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business." (Pen. Code, § 653m, subd. (b).) An "electronic communication device" includes, "but is not limited to, telephones, cellular phones, computers, video recorders, facsimile machines, pagers, personal digital assistants, smartphones, and any other device that transfers signs, signals, writing, images, sounds, or data" and "videophones, TTY/TDD devices, and all other devices used to aid or assist communication to or from deaf or disabled persons." "Electronic communication" is defined in 18 U.S.C § 2510. (Pen. Code, § 653m, subd. (g).) In addition to calls, emails, and text messages, the statute applies to electronic contacts over the Internet, including postings on Facebook. (Astalis (2014) 226 Cal.App.4th Supp. 1.)
Picketing a Funeral (Pen. Code, § 594.37) Infraction or Misdemeanor It is illegal to engage in picketing on public property that is targeted at a funeral. The prohibition begins one hour prior to the funeral until one hour after its conclusion.
Disturbance of Assembly or Meeting Other Than Religious or Political (Pen. Code, § 403) Misdemeanor "Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in section 302 of the Penal Code or section 18340 of the Elections Code, is guilty of a misdemeanor."
Disturbing Religious Meetings (Pen. Code, § 302) Misdemeanor "Every person who intentionally disturbs or disquiets any assemblage of people met for religious worship at a tax-exempt place of worship, by profane discourse, rude or indecent behavior, or by any unnecessary noise, either within the place where the meeting is held, or so near it as to disturb the order and solemnity of the meeting, is guilty of a misdemeanor."
Disturbing Political Meetings (Elec. Code, § 18340) Misdemeanor "Every person, who, by threats, intimidations, or unlawful violence, willfully hinders or prevents electors from assembling in public meetings for the consideration of public questions is guilty of a misdemeanor."
Unlawful Assembly (Pen. Code, § 407) Misdemeanor "Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly." Those assembled must intend to commit an unlawful act or a lawful act in a violent, boisterous or tumultuous manner.
Rout (Pen. Code, § 406) Misdemeanor "Whenever two or more persons, assembled and acting together, make an attempt to advance toward the commission of an act which would be a riot, if actually committed, such assembly is a rout."
Riot (Pen. Code, § 404) Misdemeanor "Any use of force or violence, disturbing the public peace, or any threat to use force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law, is a riot." This section also applies to places of confinement, such as a prison or jail.
Urging Riot or Burning or Destroying Property (Pen. Code, § 404.6) Misdemeanor "Every person who with intent to cause a riot does an act or engages in conduct that urges a riot, or urges others to commit acts of force or violence, or the burning or destroying of property, and at a time and place and under circumstances that produce a clear and present and immediate danger of acts of force or violence or the burning or destroying of property, is guilty of incitement to riot."
Remaining Present at Place of Riot, Etc., After Warning to Disperse (Pen. Code, § 409) Misdemeanor "Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor." A conviction requires that a lawful warning to disperse be carried out in accordance with Penal Code section726.
Refusing to Disperse Upon Lawful Command (Pen. Code, § 416, subd. (a)) Misdemeanor "If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor."
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"Lynching" (Pen. Code, § 405a) Felony Formerly referred to as "lynching," Penal Code section 405a applies to anyone "who participates in the taking by means of a riot of another person from the lawful custody of a peace officer." Neither actual nor intended infliction of harm on the person taken is an element of this offense.
Escape of Prisoner (Pen. Code, §§ 4530-4536) Felony
Escape from Custody of Peace Officer (Pen. Code, § 836.6) Felony or Misdemeanor
Rescue of Prisoner (Pen. Code, § 4550) Felony or Misdemeanor
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CRIMES AGAINST PERSONS CALIFORNIA PEACE OFFICER LEGAL SOURCEBOOK, 2016
ASSAULT AND BATTERY LAW
Assaults with Specific Intent Pen. Code, § 220 Felony (a)(1) Except as provided in subdivision (b), any person who assaults another with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for two, four, or six years. (a)(2) Except as provided in subdivision (b), any person who assaults another person under 18 years of age with the intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for five, seven, or nine years.
Pen. Code, § 664 Felony Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts
Assault (Pen. Code, § 240) Misdemeanor "An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another."
Battery (Pen. Code, § 242) Misdemeanor "A battery is any willful and unlawful use of force or violence upon the person of another." Forceful contact with an object held by another is a touching of the person. An attempted battery is assault. If the attempt is successful, it becomes battery.
Assault with a Deadly Weapon (Pen. Code, § 245) Felony or Misdemeanor An assault upon the person of another with a deadly weapon, firearm, instrument other than a firearm, or by any means of force likely to produce great bodily injury, can be either a felony or misdemeanor. If the assault was committed with a machine gun, assault weapon or semi-automatic firearm, it is a state prison felony.
Assault with Intent to Commit Rape, Etc. (Pen. Code, § 220) Felony "(a)(1) [A]ny person who assaults another with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of Section 264.1 [aiding and abetting rape], 288 [lewd acts against children], or 289 [penetration of genital or anal openings by foreign object] shall be punished by imprisonment in the state prison for two, four, or six years. "(a)(2) [A]ny person who assaults another person under 18 years of age with the intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for five, seven, or nine years. "(b) Any person who, in the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, assaults another with the intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for life with the possibility of parole." This statute includes assault with intent to rape a spouse.
Mayhem (Pen. Code, § 203) Felony "Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem." Note: This section does not require "specific intent" to inflict the resulting injury. Mayhem is a "general intent" crime. (Villegas (2001) 92 Cal.App.4th 1217, 1226.) Note: "Aggravated mayhem" is a separate felony, defined in section 205.
Other Assault and Battery Statutes (Penal Codes)
§ 217.1: Assault or attempt to kill various executive and judicial officers -- felony. § 241: Assault upon various public safety personnel, including peace officers, firefighters, medical personnel, traffic officers, park rangers, code enforcement officers, parking control officers, and animal control officers -- misdemeanor. § 241.5: Assault on a highway worker engaged in the performance of his or her duties--misdemeanor. §§ 241.8/243.10: Assault/battery upon member of the United States Armed Forces because of the victim's service in the military -- misdemeanor. § 243: Battery upon a spouse or cohabitant, etc., and various public safety personnel, including peace officers, firefighters, medical personnel, traffic officers, park rangers, code enforcement officers, and animal control officers -- misdemeanor or felony. § 243.1: Battery against a custodial officer -- felony. (Compare with section 243, which also includes battery upon a correctional officer but provides lesser misdemeanor liability (Chenze (2002) 97 Cal.App.4th 521).) § 243.15: Battery by an inmate on a non-inmate -- felony or misdemeanor. § 243.25: Battery upon an elder or dependent adult -- misdemeanor. o Law enforcement agencies have special duties concerning the response to and requirements for reports of physical and mental abuse of "elders" (persons who are 65 years of age or older) and/or "dependent adults"
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(persons between the ages of 18 and 64 who have restricting physical or mental limitations). (See Welf. & Inst. Code, § 15600 et seq.) § 243.3: Battery against transportation personnel or passengers -- felony or misdemeanor. § 243.6: Battery against school employees (as defined in Pen. Code, § 245.5) engaged in the performance of their duties -- felony or misdemeanor. § 243.65: Battery against highway workers engaged in the performance of their duties--misdemeanor. § 244: Assault with corrosive acid, caustic chemicals, or flammable substance -- felony. § 244.5: Assault by means of electrical weapons ("stun gun" or "less lethal weapon," i.e., taser) -- felony or misdemeanor. (See also Pen. Code, § 17230.) § 245.2: Assault with deadly weapon upon transportation personnel or passengers -- felony. § 245.3: Assault with deadly weapon upon custodial officer-- felony.
Some provisions address very specific acts or circumstances: § 243.2: Battery upon any person on school or park property—misdemeanor. § 243.4: Sexual battery -- felony or misdemeanor. o Sexual battery is the touching of an intimate part of another person who is unlawfully restrained by the accused or an accomplice and the touching is against the victim's will and for the purpose of sexual arousal, sexual gratification, or sexual abuse. o The prohibited "touching" includes skin-to-skin contact and touching through clothing. However, whose clothing will depend on which subdivision of the statute applies. Under subdivisions (a)-(d), the prohibited "touching" may be accomplished through the clothing of the perpetrator. (See Elam (2001) 91 Cal.App.4th 298, 309-310.) For a subdivision (e) sexual battery, the "touching" may be accomplished through the clothing of either the perpetrator orthevictim. "Sexual abuse" in subdivision (e) includes the nonconsensual touching of a woman's breast for the purpose of insulting, humiliating or intimidating the victim even absent physical injury. (Shannon T. (2006) 144 Cal.App.4th 618--14 year old pinched 16-year-old victim's breast.) o The term "unlawfully restrained" includes much more than merely physical force. (Grant (1992) 8 Cal.App.4th 1105, 1109-1113.) This includes sexual battery when the victim is unconscious of the nature of the act because the perpetrator fraudulently represented that the touching served a professional purpose. § 245.6: Hazing, defined as any method of initiation into a student organization or student body likely to cause serious bodily injury to any current, former, or prospective student -- felony or misdemeanor. § 248: Interfering by light with aircraft operations -- misdemeanor. § 273ab: Assault resulting in the death of a child under age eight -- felony. § 368: Elder and dependent adult abuse -- felony or misdemeanor.
Assault - Aggravated: This category includes assaults by one person upon another for the purpose of inflicting severe or aggravated bodily injury (broken bones, internal injuries, or injuries requiring stitches). This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm which may include personal weapons (such as hands, fist, or feet). On occasion, it is the practice of the law enforcement agency to charge an assailant with Non-aggravated
Assault even though a knife, gun, or other weapon was used in the incident. For Uniform Crime Reporting purposes (selection of statistical code), this type of assault is to be classified as aggravated.
Assault - Non Aggravated: This category includes all assaults which involve the use of a personal weapon (such as hands, fist, or feet) and in which there were no serious or aggravated injuries to the victim.
Assault - With Personal Weapons: The ONLY determining factor when assigning a statistical code to assault with personal weapon crimes is the injury(s) sustained by the victim.
Weapon Victim’s Charge Statistical Used Injuries Level Code Broken bones, Personal AGGRAVATED ASSAULT internal injuries, Weapon 050 - Domestic Violence injuries requiring (Hands, Felony 054 - On Citizen stitches or Fists, 058 - On Police Officer injuries requiring or Feet) 059 - Child Assault hospitalization SIMPLE ASSAULT Personal No injury or 144 - On Citizen Weapon minor injury Felony 145 - Resist/Obstruct Police Officer (Hands, (Bruising, minor cut, etc.) not or 146 - Domestic Violence Fists, requiring Misdemeanor 147 – Threaten Public/ School Off. or Feet) hospitalization 149 - Child Assault NOTE: When an assault is committed with a firearm, knife, or other weapon (excludes personal weapons), it is always classified as an aggravated assault.
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PC 240 PC 242 PC 243(d) PC 245(a)(1) Assault Battery Aggravated Battery Assault w/Deadly Weapon An assault upon the person of Any willful and Committed against any An unlawful attempt, coupled with a present another with a deadly weapon or unlawful use of force person and serious ability, to commit a violent injury on the instrument other than a firearm or by or violence upon the bodily injury is inflicted person of another. any means of force likely to produce person of another. on the person great bodily injury
ROBBERY LAWS
Robbery (Pen. Code, § 211) Felony "Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." It will constitute robbery if "force or fear" is used either to gain possession of the property or to maintain possession. In other words, simple theft can turn into a robbery if the suspect resorts to the use of force or fear while carrying away the loot.
Degrees of Robbery (Pen. Code, §§ 212.5, 213) Felony The crime of robbery is divided into first and second degree. First degree robbery, which is punished more harshly, occurs: 1. If the victim was the on-duty operator or passenger of a motor vehicle, streetcar, or trackless trolley used for the transportation of persons for hire. 2. If the robbery took place in an inhabited dwelling house, trailer coach (as defined in the Veh. Code), certain inhabited vessels, inhabited floating homes, or the inhabited portion of any other building. 3. If the victim was robbed while using, or just after using, an ATM. Note that this statute applies even where the robber does not know that the victim just used an ATM. (Ervin (1997) 53 Cal.App.4th 1323, 1330-1331.) All other kinds of robbery are of the second degree.
Carjacking (Pen. Code, § 215) Felony "'Carjacking' is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence . . . against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear." The statute is constitutional.
EXTORTION LAWS
Extortion (Pen. Code, § 518) Felony "Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right." Extortion, generally speaking, is a felony. (Pen. Code, § 520.) However, if committed under color of official right, in cases for which a different punishment is not prescribed, it is a misdemeanor. (Pen. Code, § 521.)
Sending Threatening Letters with Intent to Extort (Pen. Code, § 523) Felony or Misdemeanor
Attempts to Extort Money or Property (Pen. Code, § 524) Felony or Misdemeanor
KIDNAPPING - FALSE IMPRISONMENT LAW
False Imprisonment (Pen. Code, § 236) Felony or Misdemeanor "False imprisonment is the unlawful violation of the personal liberty of another." (See Riddle (1987) 189 Cal.App.3d 222, 228-230.) False imprisonment is a general intent crime (Olivencia (1988) 204 Cal.App.3d 1391, 1397) and is punishable either as a misdemeanor or as a felony, depending on various circumstances. (Pen. Code, §§ 237, 210.5.)
Human Trafficking (Pen. Code, § 236.1) Felony Pursuant to Proposition 35 in 2012, human trafficking is divided into three types of criminal conduct: o Depriving or violating the personal liberty of another with the intent to obtain forced labor or services (Pen. Code, § 236.1, subd. (a)); o Depriving or violating the personal liberty of another with the intent to effect or maintain a violation of Section266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 (Pen. Code, § 236.1, subd. (b)); o Causing, inducing, persuading, or attempting to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of Section 266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 (Pen. Code, § 236.1, subd. (c)).
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Kidnapping (Pen. Code, § 207) Felony "(a) Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping. "(b) Every person, who for the purpose of committing any act defined in Section 288 [crimes against children, lewd and lascivious acts], hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any child under the age of 14 years to go out of this country, state, or county, or into another part of the same county, is guilty of kidnapping." o Note: Section 207 does not apply when children under age 14 are "kidnapped" "to protect the child from imminent harm." (c) Every person who forcibly, or by any other means of instilling fear, takes or holds, detains, or arrests any person, with a design to take the person out of this state, without having established a [legal] claim . . . is guilty of kidnapping."
Although it is not set out in section 207, even simple kidnapping requires that there be substantial "movement" forced upon the victim, i.e., movement that is more than merely "trivial" or "incidental" to the underlying or associated crime. Thus, for example, a residential robber has not committed kidnapping simply because he forced his victim across the room or into a different part of the house. (Martinez (1999) 20 Cal.4th 225, 237; Diaz (2000) 78 Cal. App.4th 243, 246; Smith (1995) 33 Cal.App.4th 1586, 1594- 1595.) Kidnapping for Ransom, Robbery, or Sexual Purposes (Pen. Code, § 209) Felony Section 209, which is often referred to as "aggravated kidnapping," has two subdivisions: subdivision (a) prohibits kidnapping for ransom, reward, or extortion of any "valuable thing"; subdivision (b) addresses kidnapping carried out for the purpose of committing robbery, rape, or other specified sexual offenses. These two subdivisions have very different legal requirements.
For Ransom (Pen. Code, § 209, subd. (a)) "(a) Any person who seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away another person by any means whatsoever with intent to hold or detain, or who holds or detains, that person for ransom, reward or to commit extortion or to exact from another person any money or valuable thing, or any person who aids or abets any of those acts, is guilty of a felony. Upon conviction thereof, he or she shall be punished by imprisonment in the state prison for life without possibility of parole in cases in which any person subjected to any of those acts suffers death or bodily harm, or is intentionally confined in a manner which exposes that person to a substantial likelihood of death, or shall be punished by imprisonment in the state prison for life with the possibility of parole if the victim does not suffer death or bodily harm."
For Robbery or Sexual Purposes (Pen. Code, § 209, subd. (b)) If the kidnapping or carrying away is done in order to commit "robbery, rape, spousal rape, oral copulation, sodomy, or sexual penetration in violation of Section 289," the punishment is imprisonment in the state prison for life with the possibility of parole.
Kidnapping During a Carjacking (Pen. Code, § 209.5) Felony Penal Code section 209.5 provides a mandatory life sentence for kidnapping during the commission of a carjacking. The statute applies when: o (1) the movement of the victim is beyond that merely incidental to the commission of the carjacking; o (2) the victim is moved a substantial distance from the vicinity of the carjacking; and o (3) the movement of the victim increases the risk of harm to the victim.
Child Abduction (Pen. Code, §§ 277-280) Felony or Misdemeanor Section 277 defines all the terms that are relevant to the crime of child abduction, such as "lawful custodian," "right to custody," "visitation," and "child abduction" itself, which means the taking, enticing away, keeping, withholding, or concealing a person under the age of 18 years. Section 278 makes it a felony or misdemeanor for a person who does not have a right to custody to abduct a child with the intent to detain or conceal that child from a lawful custodian. Section 278.5 makes it a felony or misdemeanor for any person to abduct a child and deprive a lawful custodian of a right to custody, or to deprive a person of a right to visitation. Section 279.6 permits a peace officer to take a child into protective custody under any of the following circumstances: o it reasonably appears to you that a person is likely to conceal the child, flee the jurisdiction with the child, or evade the authority of the court; or o there is no lawful custodian available to take custody of the child; or o there are conflicting claims or custody orders and the parties cannot agree which party should take custody of the child; or o the child is an abducted child.
HOMICIDE LAW
Murder (Pen. Code, § 187) Felony Murder requires "malice." "Murder is the unlawful killing of a human being, or a fetus, with malice aforethought."
Manslaughter (Pen. Code, § 192) Felony Manslaughter is the unlawful killing of a human being, without malice. There are three kinds of manslaughter:
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Voluntary Manslaughter (Pen. Code, § 192, subd. (a)) Felony Voluntary manslaughter is the unlawful killing of a human being, without malice. The killing is most often intentional but can be unintentional. (Lasko (2000) 23 Cal.4th 101, 108, 111.)
Involuntary Manslaughter (Pen. Code, § 192, subd. (b)) Felony Involuntary manslaughter is the unintentional but unlawful killing of a human being. It occurs when the killing happens during the commission of "an unlawfulact, not amounting to a felony," i.e., during the commission of a misdemeanor or infraction requiring only general criminal intent, or during the commission of a lawful act which might produce death, when that act is done in an unlawful manner or without due caution and circumspection -- excluding acts committed in the driving of a vehicle.
Vehicular Manslaughter (Pen. Code, §§ 191.5 and 192, subd. (c)) Felony/Misdemeanor Vehicular manslaughter is the unlawful killing of a human being without malice. The vehicular manslaughter provisions are divided into vehicular manslaughter unrelated to intoxication (Pen. Code, § 192) and vehicular manslaughter while intoxicated (Pen. Code, § 191.5). Vehicular manslaughter unrelated to intoxication is defined in Penal Code section 192, subdivision (c), as o driving a vehicle in the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence (§ 192, subd. (c)(1)-- misdemeanor or felony) or without gross negligence (§ 192, subd. (c)(2)- -misdemeanor); o driving a vehicle in the commission of an unlawful act, not amounting to a felony, with gross negligence (§ 192, subd. (c)(1)--misdemeanor or felony) or without gross negligence (§ 192 (c)(2)--misdemeanor); o driving a vehicle and causing ("staging") a vehicular collision for presenting a false or fraudulent claim, within the meaning of Penal Code section 550, subdivision (a)(3). (§ 192, subd. (c)(3)--felony.)
Vehicular manslaughter related to intoxication is divided into the crimes gross vehicular manslaughter and vehicular manslaughter: Gross vehicular manslaughter while intoxicated requires driving in violation of Vehicle Code section 23140, 23152, or 23153 and death was the proximate result of either an unlawful act not amounting to a felony, committed with gross negligence, or a lawful act that might produce death committed in an unlawful manner and with gross negligence. (§ 191.5, subd. (a)--felony.) Vehicular manslaughter while intoxicated is the identical provision for acts committed without gross negligence. (§ 191.5, subd. (b)--misdemeanor or felony.)
Manslaughter During Operation of a Vessel (Pen. Code, § 192.5) The provisions of Penal Code section 192.5 essentially parallel the statutes which cover the crime of vehicular manslaughter. (Pen. Code, §§ 191.5, 192, subd. (c).) Related statutes in the Harbors and Navigation Code: outlaw the negligent or reckless use of any vessel or manipulation of water skis, aquaplanes or similar devices, or their operation, or manipulation while under the influence of alcohol and/or any drug (§ 655), including "zero tolerance" for minors (§ 655.6); give police the power, without a warrant, to arrest any person involved in a vessel accident in state waters, if the police have cause to reasonably believe the person has been operating the vessel while under the influence of alcohol and/or drugs (§ 663.1); and impose certain reporting requirements on boaters involved in accidents.
Aiding or Abetting Suicide (Pen. Code, § 401) Felony "Every person who deliberately aids, or advises, or encourages another to commit suicide, is guilty of a felony."
Mingling Harmful Substances w/Food and Drink (Pen. Code, § 347(a)(1)) Felony Every person who willfully mingles any poison or harmful substance with any food, drink, medicine, or pharmaceutical product or who willfully places any poison or harmful substance in any spring, well, reservoir, or public water supply, where the person knows or should have known that the same would be taken by any human being to his or her injury, is guilty of a felony punishable by imprisonment in the state prison for two, four, or five years. MANSLAUGHTER
FORM NUMBER ASSIGNMENT ADDITIONAL INFORMATION AND CLASSIFICATION FILE NUMBER AND STATISTICAL CODES Crime or Incident PRIORITY ACTION
MPP 4-11/015.00 If applicable, see under "Shots Fired at Deputy." See section HOMICIDE 4-22/027.00 for specific instructions.
Attempt murder SH-49 Station/Unit If victim dies, notify Homicide Bureau immediately. URN Detective 05 Criminal charge shall be 664/187 PC. A See "Assault" for coding.
SH-R-49 Parks
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Attempt murder occurring URN Detectives within a county park or 05 recreational facility A
Murder SH-R-49 Homicide First report shall be sent to Homicide Bureau and the URN Bureau Coroner's Office via FAX. 01 A Notify Homicide Bureau and follow their instructions. Supplemental reports on this type of case are confidential.
Murder occurring during a robbery shall be a concurrent assignment with Station/Unit detectives.
If victim is under 10 years of age and death is suspected to be as a result of child abuse or neglect, also notify Special Victims Bureau, who will assist Homicide Bureau.
Code 011 - Murder Code 012 - Manslaughter, voluntary
FORM NUMBER ASSIGNMENT CLASSIFICATION ADDITIONAL INFORMATION AND FILE NUMBER AND Crime or Incident STATISTICAL CODES PRIORITY ACTION
MPP 4-19/010.00 For line procedures, see Volume 5, chapter 9. PERSON DEAD All person dead reports (homicide, suicide, accidental, and natural) shall list the person dead as “V” for victim on the incident report. First report to be sent to Homicide Bureau and the coroner's office via JDIC. In homicide cases only, the distribution of confidential homicide reports shall be made by Homicide Bureau. All copies, except one for the Station/Unit file, shall be forwarded directly to Homicide Bureau. Any personnel designated to make notification of a death to next-of-kin or other relative shall do so in person. Such notification shall be accomplished in a compassionate and understanding manner. The person notified will be advised that any additional information regarding the death may be obtained by contacting Homicide Bureau or the requesting agency. When a member of this Department asks a member of another department or agency to make a death notification, request that the notification be handled as described above. After notification has been made, Homicide Bureau or the requesting agency shall be advised of the name, address and phone number of the person notified and the time, date and location of said notification, as well as the name, rank and agency of the person making notification. In the event that notification cannot be accomplished, advise Homicide Bureau or the requesting agency and follow their instructions. Select the applicable code from the following: Homicide, murder - 011, Person Dead - 491-499, Traffic Accidents - 470.
--Coroner's case (no doctor in SH-R-49 Homicide Notify Homicide Bureau immediately and obtain designation attendance within 60 days) URN Bureau or authorization of mortuary and a coroner's case 49 number. Copy of report to mortuary as soon as possible. A Code 491 - Person Dead, Natural Causes.
--Coroner's case (doctor in SH-R-49 Homicide Obtain physician's name, phone number, date he last saw the attendance URN Bureau deceased from next-of-kin and notify Homicide within 21 to 60 days) 49 Bureau. Coroner's case number to be obtained later by A Homicide Bureau.
Code 491 - Person Dead, Natural Causes.
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(No coroner's case number initially)
--Non-Coroner's case (doctor Log entry only. in attendance within 1 to 20 days and will sign death certificate)
As a result of an aircraft SH-R-49 Aero Bureau Notify Aero Bureau immediately and follow their accident URN instructions. (See Aircraft - Scene of Accident.) 49 A
As a result of a disaster, boat SH-R-49 Homicide See "Disasters" and EOP Manual. or train accident, industrial URN Bureau accident or under 49 Notify Homicide Bureau immediately and follow their suspicious circumstances A instructions. Copy of report to be delivered to mortuary as soon as possible.
If death resulted from an industrial accident, immediately notify the nearest Division Office of CAL-OSHA by telephone.
If death occurred as a result of a boating accident, see section 4-05/030.00 Boats - Accident/Incident - Death or Disappearance of a Person as a Result Of.
As a result of a SH-R-49 Homicide Notify Homicide Bureau and Arson/Explosives Detail fire URN Bureau and immediately and follow their instructions. Copy of report to be 49 Arson/ delivered to mortuary as soon as possible. Code as Explosives Detail applicable.
A
--Mechanical SH-R-49 Homicide Notify Homicide Bureau immediately and follow their amusement ride involved URN Bureau instructions. Also make immediate telephone notification to 49 County Engineer-Facilities, Superintendent of Building and A Safety Division. Copies of the report to go to the aforementioned; the nearest Division Office of CAL-OSHA; and to the mortuary.
As result of shots fired at See "Shots Fired at Deputy." Deputy - Deputy killed, crime involved
As result of shots fired by See "Shots Fired by Deputies." Deputy
Child Abuse See "Homicide."
Murder See "Homicide."
Prisoner SH-R-49 Homicide The Watch Commander of the Unit having the prisoner in 76C622 Bureau custody at the time of death shall be responsible for making URN an immediate telephone notification to the Homicide Bureau. 49 A If prisoner was booked prior to the time of death, the Unit Watch Commander shall also make a telephone notification to the Watch Commander of the appropriate Inmate Reception Center.
In the event of a prisoner death in a jail, Station, court lockup or while en route to any of the above, a representative from Medical Services Bureau shall be notified at (213) 974- 4949. This notification is not intended to cause an immediate response to the location by Medical Services Bureau. Pursuant to California State Code of Regulations (formerly Administrative Code), Medical Services shall review the prisoner death after they have access to the autopsy report and other documents appropriate to their audit. A copy of the first report to be sent to the Director of Medical Services Bureau.
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NOTE: The review conducted by Medical Services Bureau will take place following completion of the homicide investigation. Findings of the medical review shall be reported in writing (SH- AD-32A) by Medical Services Bureau. A copy of the memo shall be sent to the concerned Assistant Sheriff(s) and concerned Division Chief.
Property on the body shall be itemized on the Coroner's Receipt Form (76C622) by the Deputy Coroner. The case URN shall be added to the blue copy of the Coroner's Receipt and shall be retained with the original report. Other property of the deceased at the Unit which can be given to the Deputy Coroner at the time he picks up the body shall be handled in the same manner as the property on the body.
If prisoner died as a result of a gunshot by Deputy, see under "Shots Fired by Deputies" for additional instructions, case assignment, priority and coding.
Code 499 - Person Dead, Inmate.
Scuba diving SH-R-49 Emergency Notify Homicide Bureau and Emergency Services Detail URN Services immediately and follow their instructions. Supplemental 49 Detail Reports of this type of case are confidential. Homicide to respond when foul play is indicated. A Code 494 - Person Dead, Recreational Accident.
Suicide See "Suicide."
Suspected carbon monoxide See "Poisoning." poisoning
Traffic collision See "Collisions, Traffic."
FORM NUMBER ASSIGNMENT CLASSIFICATION ADDITIONAL INFORMATION AND FILE NUMBER AND Crime or Incident STATISTICAL CODES PRIORITY ACTION MPP 4-22/050.00 Select the appropriate code in series 450-459. SUICIDE
Attempt SH-R-49 Station/Unit Copy of report to Narcotics Bureau if narcotics or dangerous URN Detective drugs involved. 45 A Joint assignment with Narcotics Bureau only when evidence (drugs, narcotics or narcotics paraphernalia) obtained. Evidence should include injection wounds indicative of drug usage. Urine and/or blood samples are not to be considered evidence for joint assignment.
If death occurs, notify Homicide Bureau at once and reassign to them.
Prisoner, SH-R-49 Station/Unit If in Station/Unit area, assign to Station/Unit detectives. If at attempt suicide URN Detective MCJ LAC/USC Medical Center Jail Wards or while in transit 45 or in court in the non-Station areas of the County, assign to A Jail Investigations Unit.
Code 457 - Attempt Suicide, Inmate.
If death appears imminent, notify Homicide Bureau.
Prisoner, SH-R-49 Homicide Code 453 - Suicide, Inmate. suicide URN Bureau
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45 All suicide reports shall list the person dead as “V” for victim A on the incident report.
Suicide SH-R-49 Homicide Make immediate telephone notification to Homicide Bureau URN Bureau and the Coroner's office, via JDIC. Deliver copy of report to 45 the mortuary and note on report that copy was delivered and A the means by which delivered. All suicide reports shall list the person dead as “V” for victim on the incident report.
HANDLING HATE CRIMES MPP 5-09/510.00
DEFINITIONS
Hate Crime: Any criminal act or attempted act directed against: a person(s) motivated by bias (1) due to that person’s (actual or perceived) race, religion, ethnicity, sexual orientation, gender (including trans-gender) or disability (including mental) or (2) due to that person’s association with any of the aforementioned protected groups; or a public agency or private institution which apparently is motivated due to the fact that the agency or institution is identified or associated with a person(s) with an identifiable protected characteristic (i.e., race, religion, ethnicity, sexual orientation, gender or disability.
Hate Incident: Any non-criminal act, including words, directed at a person(s) motivated by bias against a person or group based on that person’s race, religion, ethnicity, sexual orientation, gender or disability. Hate incidents include, but are not limited to, the following: utterance of epithets; distribution of hate materials in public places; posting of hate materials without causing property damage; and the display of offensive materials on one’s own property.
Gang-Related Hate Crimes: All hate crimes should be considered gang-related when the suspects or victims, acting individually or collectively, are believed to be gang members or gang affiliates. When the suspects are unknown, a crime should be considered gang-related when: there are strong indications a crime is gang-related, such as the nature of the offense or the fact the participants were wearing/using common gang identifying signs, symbols, or colors; or there are indications that a crime is gang-related based upon the circumstances of the crime or the expert opinion of a gang investigators.
NOTE: The definition of a gang-related crime should not be confused with a gang-motivated crime. Motivation is used for investigative and prosecutorial purposes only. Gang motivated is a state of mind that can be proven in a court of law by the totality of circumstances or by statements.
DUTIES AND RESPONSIBILITIES
Complaint Desk Information regarding hate crimes/incidents received at the complaint desk will be entered into the Department’s computer-aided dispatch system (CAD), assigning the call to the attention of the appropriate field supervisor and dispatched immediately. “Hate- related crime/incident” shall be referenced in the remarks section of the call prior to dispatching.
Handling Deputy Responsibilities Deputies receiving possible hate-related calls shall give them higher priority than other non-emergency calls. For example, a hate- related vandalism report would take priority over a burglary report; however, a hate-related vandalism report would not take priority over crimes in progress, burglary or robbery alarms, or medical emergencies.
Deputies handling a hate-related crime or incident shall prepare an Incident Report (SH-R-49). Hate crime reports shall not be deferred. Hate incident reports may be deferred with the approval of the Watch Sergeant.
All gang-related hate crimes or hate incidents shall be reported and documented with the statistical code 860.
In conducting the initial investigation, the handling Deputy shall: give victims time to voice their immediate concerns and express their feelings; express empathy for victim(s); express the Department’s official position on the importance of these cases, the measures that will be taken to apprehend the perpetrator(s), and the Deputy’s and Department’s interest in the victim’s well-being;
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assist victims in identifying and contacting community-based individuals or agencies that may provide support and assistance. These may include family members or close acquaintances, clergy, or agencies that provide counseling, shelter, food, clothing, childcare, or other related services, as needed; notify the field supervisor of the crime/incident and, if appropriate, request they respond to the scene; ensure the Crime Analysis Information form (MO Factor, Bias-Motivated Incident check-off section on the SH-R-49) is completed; ensure that the proper hate crime statistical code (520-529) is used in the Incident Report; and if the suspect(s) is in custody, immediately notify a member of the Hate Crime/Human Trafficking Task Force.
Field Sergeant Responsibilities: Provide the Watch Commander with the pertinent information on the hate crime/incident as soon as possible.
Watch Sergeant Responsibilities: The Watch Sergeant shall: review all hate crime and hate incident reports for appropriate classification; assign all hate crimes to “Station Detectives” unless incidents would ordinarily be assigned to O.S.S., Homicide, Major Crimes, Arson Explosives, or Special Victims Bureau. These shall be assigned after consultation with their respective on- call investigator; assign all hate incidents to “patrol;” all hate crimes/incidents reports shall be considered “active;” and SRD (Special Request Distribution) all hate crime and hate incident reports to the Hate Crime Human Trafficking Task Force. Ensure that the date and time of such notification is referenced in the Incident Report.
Watch Commander Responsibilities: The Watch Commander shall: Ensure that an Operational Log entry has been completed for any hate crime. All hate crimes/incidents shall be recorded in the Watch Commander’s Summary Log and documented with a Chief’s Memorandum; and Notify the Station’s Hate Crimes Coordinator of the incident.
Station Detective Responsibilities: The Station Detective shall: Review the report within ten business days of the crime/incident to ensure the proper classification (or declassification) of the report as a hate crime. Any changes shall be brought to the attention of the Hate Crimes Coordinator and the Hate Crime Human Trafficking Task Force; and If a case is assumed by the Hate Crime Human Trafficking Task Force, station detectives shall close their case by completing a case clearance supplemental report using clearance code “112 – Reassigned to Other Agency.” The case clearance supplemental report shall indicate that the case will be handled by the Hate Crime Human Trafficking Task Force.
HATE CRIME PENAL CODE SECTIONS 302 PC M Disturbing Religious Meeting. 594.3 PC F / M Vandalism 422.6 PC M Interfere With Exercise Of Civil Rights. 422.75 F Felony or attempt felony against individuals because of class membership. 594.1 PC M Minors Purchase Aerosol Containers. 11411 PC M Terrorism. 11412 PC F Threats Obstructing Religion. 11413 PC F Terrorism; use of destructive device tor explosive or commission of arson in certain places.
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CRMES AGAINST PROPERTY CALIFORNIA PEACE OFFICER LEGAL SOURCE BOOK, 2016
THEFT A fundamental element of petty theft is that a defendant deprives the property’s owner of potential enjoyment or value. This is important because it eliminates the loophole of returning stolen property and not being punished. In other words, if somebody steals a CD from a store, they are not only stealing the store’s property but also a means for them to make money. -2016 Esfandi Law Firm
484 PC PETTY THEFT (M) Petty theft, CA Penal Code 484, is defined by the state as anyone who steals or takes somebody else’s property (up to $950), for any amount of time, and deprives them of potential enjoyment or value of that property.
487 GRAND THEFT (M/F, SEE PC 667(e)(2)9C) – Prop. 47 for classification) (a) When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b). (b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases: o (b) (1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250). o (b) (1) (B) For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value. o (b) (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250). o (b) (3) Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period. (c) When the property is taken from the person of another. (d) When the property taken is any of the following: o (1) An automobile. o (2) A firearm.
RELATED THEFT PC SECTIONS
M/F Removing and taking parts or fixtures of reality 495 PC (<$950) M/F Theft of Utility Services 498 PC (<$950) Acquiring access cards without the cardholder’s or issuers consent M/F 484e(a) With intent to defraud, sells, transfers, or conveys, an access card, without the cardholder's or (<$950) issuer's consent. Acquiring access cards without the cardholder’s or issuers consent Within any consecutive 12-month period, acquires access cards issued in the names of four or more 484e(b) M/F persons which he or she has reason to know were taken or retained under circumstances which constitute a violation of subdivision (a), (c), or (d). Acquiring access cards without the cardholder’s or issuers consent With the intent to defraud, acquires or retains possession of an access card without the cardholder's 484e(c) M or issuer's consent, with intent to use, sell, or transfer it to a person other than the cardholder or issuer. Acquiring access cards without the cardholder’s or issuers consent Acquires or retains possession of access card account information with respect to an access card 484e(d) M/F validly issued to another person, without the cardholder's or issuer's consent, with the intent to use it fraudulently. Forging access card or cardholder’s signature M/F 484f(a) With the intent to defraud, designs, makes, alters, or embosses a counterfeit access card or utters or (<$950) otherwise attempts to use a counterfeit access card Forging access card or cardholder’s signature M/F A person other than the cardholder or a person authorized by him or her who, with the intent to 484f(b) (<$950) defraud, signs the name of another or of a fictitious person to an access card, sales slip, sales draft, or instrument for the payment of money which evidences an access card transaction 484g M/F Using access card obtained w/out consent Offenses by retailer 484h M/F Must prove knowledge by merchant
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484i M Counterfeit access card 496 F/M Receiving Stolen Property 537(a)(1) M Defrauding an innkeeper F Defrauding an innkeeper 537(a)(2) (<$950)
BURGLARY 459 PC Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary.
RELATED BURGALRY PC SECTIONS
459 PC F Burglary Shoplifting a. Shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is 459.5 PC M taken or intended to be taken does not exceed nine hundred fifty dollars ($950). b. Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property. 463(a) W Burglary during a state of emergency (Looting) 463(b) W Grand Theft during a state of emergency (Looting) 463(c) W Petty Theft during a state of emergency (Looting) Burglary by Acetylene Torch or Explosive Any person who, with intent to commit crime, enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe, or other secure place by use of acetylene 464 F torch or electric arc, burning bar, thermal lance, oxygen lance, or any other similar device capable of burning through steel, concrete, or any other solid substance, or by use of nitroglycerine, dynamite, gunpowder, or any other explosive, is guilty of a felony and, upon conviction, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for a term of three, five, or seven years. 466 F Possession of Burglary Tools Picklock Slim Jim Crow Tension Bar Keybit Lock Pick Gun Crowbar Tubular Lock Pick
Screwdriver Bump Key Vise Grip Plier Floor-Safe Door Puller Water-Pump Pliers Master Key Slidehammer Ceramic or Porcelain Spark Plug Chips/Pieces.
PC 460. (a) Every burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, or trailer coach, as defined by the Vehicle Code, or the inhabited portion of any other building, is burglary of the first degree. (b) All other kinds of burglary are of the second degree. (c) This section shall not be construed to supersede or affect Section 464 of the Penal Code.
Burglary: To differentiate between day and nighttime burglaries, consider daytime 0600 to 1800 hours and nighttime 1801 to 0559 hours.
Burglary, Garage: If the garage is attached to the home with an access way into the home, code as RESIDENTIAL BURGLARY. If the garage is detached or if it is attached and there is no access into the home, code as BURGLARY, OTHER STRUCTURE.
Burglary, Other: For UCR statistical reporting purposes, thefts from automobiles (whether locked or not), shoplifting from commercial establishments, and thefts from lockers, coin boxes, or coin-operated machines are to be classified as larcenies instead of burglaries. Of course, if these thefts are accompanied by unlawful entry of a structure, a multiple offense exists and the burglary statistical code would be used in the URN. A locker is not considered a structure under the UCR definition.
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ARSON
COMMON STATUES 451(a) PC F Arson causing great bodily injury. 451(b) PC F Arson to an inhabited structure or property. (Person must be living in location) 451(c) PC F Arson to a structure or forest/wild land. (Includes vacant house) 451(d) PC F Arson of property. (Vehicles, clothes, trash, etc) 451.5 PC F Aggravated arson. $5,000.000 damage, 5 or more structures. 452(a) PC F/M Unlawfully/Recklessly causing a fire resulting in great bodily injury. Unlawfully/Recklessly causing a fire to an inhabited structure or property. (Person must be living in 452(b) PC F/M location) 452(c) PC F/M Unlawfully/Recklessly causing a fire to a structure or forest land. (Includes vacant house) 452(d) PC M Unlawfully/Recklessly causing a fire to property. (Vehicles, clothes, trash, etc) Possession, manufacture of flammable/combustible material with the intent to maliciously set fire to 453 PC F/M any structure, forest land, or property. 455 PC F Attempt arson. 548 PC F Intent to defraud or prejudice the insurer Illegal Burn/Toxic Smoke (a) Any person who negligently emits an air contaminant in violation of any provision of this part or any rule, regulation, permit, or order of the state board or of a district pertaining to emission regulations or limitations. 42400.1 HS M (b) Any person who negligently emits an air contaminant in violation of Section 41700 that causes great bodily injury, as defined by Section 12022.7 of the Penal Code, to, or death of, any person. (c) Each day during any portion of which a violation occurs is a separate offense. Discharges any lighted or non-lighted substance Throws or discharges any lighted or nonlighted cigarette, cigar, match, or any flaming or glowing 13002 (a) HS M substance, or any substance or thing which may cause a fire upon any highway, including any
portion of the right-of-way of any highway, upon any sidewalk, or upon any public or private property. DESTRUCTIVE DEVICES STATUTES Unlawful possession of an explosive. (Some illegal fireworks may fall under this section, such as M- 12305 H&S F 100's or larger items.) 148.1(a)-(c) PC F/M Bomb Threats 148.1(d) PC F/M Hoax/Facsimile bomb Defines terms for destructive device. Includes Molotov Cocktails, dry ice/acid bombs and certain 16460 PC types of ordnance. 18710(a) PC F Possession of a destructive device. Possession of destructive device or explosive on public street/highway in or near private habitation, 18715 PC F theater, school, hotel, public buildings, cars, trains, planes, etc. (See16460 PC for definition) 18720 F Possession of materials with intent to make destructive device or explosive Placement/Possession of a destructive device or explosive on any vessel, aircraft, car, or any 18725 PC F vehicle used to transport passengers. 18730 PC F Sales/Transportation of destructive device. Possession/Use/Explosion of destructive device or explosive with intent to injure, intimidate, terrify 18740 PC F or destroy property. 18750 PC F Explode or ignite destructive device or explosive that causes bodily injury. 18755 PC F Explode or ignite destructive device or explosive that causes great bodily injury. Assemble, maintain, place, or cause to be placed a booby trap device (“Booby trap” is any 20110 PC F concealed or camouflaged device designed to cause great bodily injury when triggered by an action of unsuspecting persons coming across the device.)
FORM NUMBER ASSIGNMENT CLASSIFICATION ADDITIONAL INFORMATION AND FILE NUMBER AND Crime or Incident STATISTICAL CODES PRIORITY ACTION
MPP 4-08/025.00 EXPLOSIONS
Bombing with SH-R-49 Arson/ Notify Arson/Explosives Detail immediately. Notify the Fire explosives URN Explosives Department if this has not already been done. Bomb reports shall 33 Detail be marked, "Not for Press Board."
A A copy of all "explosions" reports shall be forwarded to Major Crimes Bureau in addition to other distribution.
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Code 333 - Unlawful Use of Explosives.
Other SH-R-49 Arson/ Notify Arson/Explosives Detail immediately. Normally does not URN Explosives include fireworks, firecrackers, etc. See "Fireworks." 33 Detail A copy of all "explosions" reports shall be forwarded to Major A Crimes Bureau in addition to other distribution.
Notify the Fire Department if this has not already been done.
FORM NUMBER ASSIGNMENT CLASSIFICATION ADDITIONAL INFORMATION AND FILE NUMBER AND Crime or Incident STATISTICAL CODES PRIORITY ACTION
MPP 4-08/030.00 Arson/ Also see "Fires" and Volume 5, chapter 6. EXPLOSIVES/ Explosives BOOBY TRAPS Detail Explosives other than fixed ammunition are not to be stored at the Station/Unit except in emergency under advice of A Arson/Explosives Detail.
The following safety measures shall be taken when explosives/booby traps are found and must be disposed of: areas containing explosives/booby traps shall be roped off, posted and guarded; unnecessary handling shall be avoided; advice from Arson/Explosives Detail shall be obtained prior to moving or transporting any explosives; a radio transmitter shall never be operated within 300 feet of an electric blasting cap; all radio transmitters shall be turned off within 800 feet of any known electric blasting operations; and
when electric blasting caps are transported in a radio transmitter equipped vehicle, the radio transmitter shall be turned off prior to the transportation.
If compelling circumstances indicate the need for confidentiality, make reports confidential. Bomb, Booby Trap found/ reported:
-- County building in Immediately notify the Los Angeles Police Department and Fire Civic Center Department for handling. Also, immediately notify Arson/Explosives Detail, and the Sheriff’s Information Bureau (operational log).
A copy of all "explosives" reports shall be forwarded to Major Crimes Bureau in addition to other distribution.
Code 151 - Booby Trap Code 339 - Bomb, Found or Reported. Code 328 - False Report of a Bomb.
-- In SH-R-49 Arson/ Immediate notification by telephone to Arson/Explosives Detail, Unincorporated URN Explosives Sheriff’s Information Bureau for an operational log entry, and the or Contract Cities 33 Detail Fire Department.
A A copy of all "explosives" reports shall be forwarded to Major Crimes Bureau in addition to other distribution.
Code as above. Bomb Threat:
-- County building SH-R-49 Arson/ Immediately notify the Los Angeles Police Department and Fire in Civic Center URN Explosives Department for handling. Also, immediately notify 33 Detail Arson/Explosives Detail and the Sheriff’s Information Bureau for a Sheriff's operational log entry.
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A SRD all "explosives" reports to Major Crimes Bureau in addition to other distribution.
Code 339 - Bomb, Found or Reported. Code 328 - False Report of a Bomb.
-- In Unincorporated SH-R-49 Station/Unit SRD all "explosives" reports to Arson/Explosives and Major or Contract Cities URN Detective Crimes Bureau in addition to other distribution. 33 Code as above. A
Found or SH-R-49 Arson/ Notify Arson/Explosives Detail immediately by telephone or radio. recovered, URN Explosives military or 44 Detail A copy of all "explosives" reports shall be forwarded to Major commercial Crimes Bureau in addition to other distribution. A Code 442 - Property Found or Recovered.
Illegal SH-R-49 Arson/ Notify Arson/Explosives Detail immediately by telephone. manufacturing, sale, or URN Explosives possession of bombs or 33 Detail A copy of all "explosives" reports shall be forwarded to Major explosives A Crimes Bureau in addition to other distribution.
Code as above.
-- Nuclear bomb SH-R-49 Arson/ EOP 4-3 shall apply to all such incidents. The Department or device URN Explosives employee, sworn or civilian, who receives notification of the threat 32 or 33 Detail shall immediately inform his Unit or Station Commander or the Watch Commander in the absence of the Unit or Station A Commander. No other person shall be informed as to the information received, except in strict accordance with EOP 4-3.
The Unit Commander or Watch Commander shall make immediate notification to the Emergency Operations Bureau Commander or his designee and the Arson/Explosives Detail. The EOB Commander may be reached during normal business hours by calling (323) 980-2200. After normal duty hours, request that the Sheriff’s Information Bureau contact the EOB Commander or his designee by phone or pager, advising him to call back to a specific informant.
The purpose of the contact is not to be revealed to Sheriff’s Information Bureau personnel.
If a bomb or device is found and suspected of being nuclear, the Deputy making the discovery shall treat it as if there is radiation leakage. He shall then follow the procedures outlined in Volume 5, chapter 5 and the EOP Manual.
A copy of all reports involving reported, threatened or actual nuclear bombs shall be sealed, confidentially addressed and hand-carried to the EOB Commander and the Major Crimes Bureau.
Suspicious SH-R-49 Arson/ DO NOT HANDLE PACKAGE! package URN Explosives possible bomb, 33 Detail Notify Arson/Explosives Detail immediately by phone and follow found hoax their instructions. (facsimile) bomb, I booby trap Facsimile (hoax) bombs are devices manufactured to look and function like bombs, but don't possess all the qualities of an actual bomb. The case shall be assigned to the Arson/Explosives Detail for investigation.
A copy of all "explosives" reports shall be forwarded to Major Crimes Bureau in addition to other distribution. Code as applicable.
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BOMB AND EXPLOSIVES SAFETY REMINDERS Don't touch or move the device Move all people away from the device Evacuate and cordon area - minimum 500 ft. in all directions Be sure the Command Post and evacuation area is safe Be aware of secondary devices Do not use radio or cell phones within 300 ft. Immediately notify A.E.D. (323) 881-7500 or after hours at S.H.B. (323) 267-4800
ARSON/EXPLOSIVES DETAIL IMMEDIATE NOTIFICATIONS Any fatality fire or person(s) injured due to fire or smoke inhalation. In-custody or named suspect. Evidence which cannot be secured. Any fire with more than $100,000 damage. When requested by Fire Department Command personnel at the scene. Newsworthy fire or department operations Log entry is made. Suspicious packages. Bomb - includes Molotov Cocktails Explosions/bombings (don’t collect evidence unless directed by Arson/Explosives Detail).
ROUTINE SAME DAY NOTIFICATIONS A fire report is mandatory for all accidental fires resulting in damage of $7,500 or more and all arson, or fires where the cause is unknown or suspicious. While these are frequently a routine response, a timely (same day) notification to Arson/Explosives Detail is mandatory. Call Arson/Explosives Detail. Phone: (562) 946-7222 / After Hours: (213) 229-1700 Email: [email protected]
STAT CODES: 445 Fire, Non-Criminal 27 Arson 270 Single Occupancy Residential 271 Other Residential (Apts., Hotels, etc.) 272 Storage (Barns, Garages, Warehouse) 273 Industrial/Manufacturing 274 Other Commercial (Stores, Rest, etc.) 275 Community, Public (Churches Jails, Schools) 276 All Other Structures 277 Motor Veh (Autos, Trucks, Buses,) 278 Other Mble Prop (Trlrs, Bts, MtrHms) 279 All Others
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HAZARDOUS MATRERIALS The HazMat Detail (HazMat) responds to incidents and threats involving chemical, biological, radiological or nuclear (CBRN) weapons. HazMat quickly responds to terrorist threats and with a mobile laboratory truck to conduct field testing of suspicious substances. These tests would take days if substances had to be transported to a National Laboratory. The HazMat Detail has the only working WMD Chemical Biological Detection K9 in the nation.
CA Penal Code Sections 11415-11419 (Including Sub-sections) LASD Stat Code: 154 - WMD (Felony) PC 11418 Any person, without lawful authority, who possesses, develops, manufactures, produces, transfers, acquires, or retains any weapon of mass destruction. o (b)(1) Any person who uses or directly employs against another person a weapon of mass destruction in a form that may cause widespread, disabling illness, or injury in human beings shall be punished by life in prison. o (b)(2) Any person who uses a weapon of mass destruction in a form that may cause widespread damage to and disruption of the water or food supply shall be punished by imprisonment in the state prison for a term of 4, 8, or 12 years, and a fine of not more than one hundred thousand dollars ($100,000). o (b)(3) Any person who maliciously uses against animals or crops a weapon of mass destruction in a form that may cause widespread and substantial diminution in the value of stock animals or crops shall be punished by a fine of not more than one hundred thousand dollars ($100,000), imprisonment in the state prison for 4, 8, or 12 years, or both. Any person who uses a weapon of mass destruction in a form that may cause widespread and significant damage to public natural resources, including coastal waterways and beaches, public parkland, surface waters, ground water, and wildlife, shall be punished by imprisonment in the state prison for 3, 4, or 6 years. Any person who uses recombinant technology or any other biological advance to create new pathogens or more virulent forms of existing pathogens for the purposes specified in this section.
11418.5. (a) Any person who knowingly threatens to use a weapon of mass destruction, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety, or for his or her immediate family’s safety, which results in an isolation, quarantine, or decontamination effort.
11419. (a) Any person or entity possessing any of the restricted biological agents enumerated in subdivision (b).
11418.1. Any person who gives, mails, sends, or causes to be sent any false or facsimile of a weapon of mass destruction to another person, or places, causes to be placed, or possesses any false or facsimile of a weapon of mass destruction, with the intent to cause another person to fear for his or her own safety, or for the personal safety of others, is guilty of a misdemeanor. If the person's conduct causes another person to be placed in sustained fear, the person shall be punished by imprisonment in a county jail for not more than one year or in the state prison for 16 months, or two or three years and by a fine of not more than two hundred fifty thousand dollars ($250,000). For purposes of this section, "sustained fear" has the same meaning as in Section 11418.5. HazMat Main Line (323) 881-7890
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LAWS PERTAINING TO ANIMALS
FORM NUMBER ASSIGNMENT CLASSIFICATION ADDITIONAL INFORMATION AND FILE NUMBER AND Crime or Incident STATISTICAL CODES PRIORITY ACTION MPP 4-04/050.00 ANIMALS
Bites H-1561 Arresting Unit or If animal appears to be rabid, telephone the closest County (Supplied by Station Health Center immediately. If possible, have animal isolated L.A. Patrol until a representative of that center arrives. Send form to the County Health local County Health Center, Attn: Public Health Investigations. Services) I If bite reported during normal business hours, refer victim to County Health Services. Cockfights, dogfights, etc., See "Vice." own, possess, keep or train for fighting SH-R-49 Arresting Unit or Code as applicable: URN Station Cruelty Towards 39 or 33 Detective Code 390 - Cruelty to Animals. Code 339 - Felony, Miscellaneous. A An accurate description of the situation shall be relayed to the Injured concerned animal control agency in order to allow them to properly assess equipment needs. The animal control agency, if so advised, will send a supervisor with appropriate equipment for destroying animals, when required. In the event that conditions are such that an extensive or inappropriate response time by animal control agency is involved, it may be necessary to destroy the animal. If an animal is shot, the on-call IAB Lieutenant shall be notified and his directions followed. Direct a memo (SH-AD-32A) to the Unit Commander and use classification of "Shots Fired by Deputies." Inactive when used on citizen complaints regarding barking Noisy SH-R-49 Arresting Unit or dogs, beehives, livestock, poultry, etc. City/County Ordinances URN Station and/or Administrative Codes may be used, also. 39 Detective Report will be made active if petition is submitted with report or A when petition is submitted at a later date.
Code 399 - Misdemeanor, Miscellaneous. Notify L.A. County Department of Animal Care and Control Poisoning SH-R-49 Arresting Unit or concerning disposition of animal. URN Station 39 Detective Code 399 - Misdemeanor, Miscellaneous.
A
Predatory, reports of SH-R-49 Arresting Unit or Immediately notify County Department of Animal Care and URN Station Control or Humane Society having jurisdiction. If concerned 44 Patrol agency employee arrives on the scene prior to the Deputy submitting a report, a log entry will suffice, as the concerned I agency will submit the report and handle to conclusion.
Code 440 - Other - noncriminal.
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**Refer to the code for proper charge level, as they may be charged as a FELONY** 596 PC M Poisoning Animals 597 PC M Crimes Against Animals Felony or Misdemeanor 597b PC M Fighting Animals and Birds (cockfighting) 597c PC M Training Animals to Fight, or Being Present 597f PC M Animals to Go Without Care: Veterinary care for Injured Cats/Dogs 597i PC M Trading in Implements for Fighting Birds 597j PC M Possession of Gamecocks for Fighting Purposes 597l PC M Operation of Pet Shops 597m PC M Bullfight Exhibitions 597n PC M Docking Tails of Horses 597o PC M Equine: humane transport 597s PC M Abandonment of Dog or Cat 597t PC M Confinement of Animals Permitting Animals to Go Without Care: Veterinary Care for Injured cats and Dogs: Pre-seizure and Post- 597.1 PC M seizure Hearings. 597.4 PC M Street Sales of Animals 597.5 PC M Fighting Dogs (597b(b) Cockfighting) 598a PC M Dog and Cat pelts 598b PC M Pet Animals as Food Prohibited 598c PC M Prohibition of Horse Slaughter 598d PC M Prohibition on Sale of Horse Meat 599 PC M Chicks, Rabbits, etc,: Sale, Display. etc.: Restrictions 599d PC M Policy on Euthanasia of Adoptable or Treatable Animal 653o PC M Endangered Species: Importation and Sale 653p PC M Endangered Species: Sale of Dead Body 667.83 PC M Ceremonial Mutilation H&S 122335 I/M Dog Tethering (not to exceed 3 hours in any 24-hour period) Stat Code: 390 Cruelty to Animal PC 597d. Any sheriff, police, or peace officer, or officer qualified as provided in Section 14502 of the Corporations Code, may enter any place, building, or tenement, where there is an exhibition of the fighting of birds or animals, or where preparations are being made for such an exhibition, and, without a warrant, arrest all persons present. PC 597.7 - Rescue of an Animal From a Locked Vehicle This code was amended so a person who rescues an animal from a vehicle is exempt from civil and criminal liability for property damage caused during the rescue of the animal if the person determines that the vehicle is locked and there is no other alternative but to remove the animal; has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger; has contacted local law enforcement, fire department, or animal control prior to forcibly entering the vehicle; remains with the animal in a safe location until emergency responders arrive; use no more force than necessary to remove the animal; and immediately turns the animal over to law enforcement, animal control, or another emergency responder.
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NARCOTICS ENFORCEMENT
SUBJECT PAGE # ASSET FORFEITURE 131 COMMON DRUG CHARGES 123 DEA DRUG SCHEDULE 118 DEFINITIONS 119 DRE CHART 130 MARIJUANA ENFORCEMENT 125 MISCELLANEOUS DRUG LAWS 128 PRECURSORS 129 UNIT DOSAGE INFORMATION 122
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DEA DRUG SCHEDULE SCHEDULE I CONTROLLED SUBSTANCES Substances in this schedule have a high potential for abuse, have no currently accepted medical use in treatment in the United States, and there is a lack of accepted safety for use of the drug or other substance under medical supervision.
Some examples of substances listed in schedule I are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4 methylenedioxymethamphetamine (“ecstasy”). SCHEDULE II CONTROLLED SUBSTANCES Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence.
Examples of single entity schedule II narcotics include morphine and opium. Other schedule II narcotic substances and their common name brand products include: hydromorphone (Dilaudid®), methadone (Dolophine®), meperidine (Demerol®), oxycodone (OxyContin®), and fentanyl (Sublimaze® or Duragesic®).
Examples of schedule II stimulants include: amphetamine (Dexedrine®, Adderall®), methamphetamine (Desoxyn®), and methylphenidate (Ritalin®). Other schedule II substances include: cocaine, amobarbital, glutethimide, and pentobarbital. SCHEDULE III CONTROLLED SUBSTANCES Substances in this schedule have a potential for abuse less than substances in schedules I or II and abuse may lead to moderate or low physical dependence or high psychological dependence. Examples of schedule III narcotics include combination products containing less than 15 milligrams of hydrocodone per dosage unit (Vicodin®) and products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with codeine®). Also included are buprenorphine products (Suboxone® and Subutex®) used to treat opioid addiction.
Examples of schedule III non-narcotics include benzphetamine (Didrex®), phendimetrazine, ketamine, and anabolic steroids such as oxandrolone (Oxandrin®). SCHEDULE IV CONTROLLED SUBSTANCES Substances in this schedule have a low potential for abuse relative to substances in schedule III.
An example of a schedule IV narcotic is propoxyphene (Darvon® and Darvocet-N 100®). Other schedule IV substances include: alprazolam (Xanax®), clonazepam (Klonopin®), clorazepate (Tranxene®), diazepam (Valium®), lorazepam (Ativan®), midazolam (Versed®), temazepam (Restoril®), and triazolam (Halcion®). SCHEDULE V CONTROLLED SUBSTANCES Substances in this schedule have a low potential for abuse relative to substances listed in schedule IV and consist primarily of preparations containing limited quantities of certain narcotics. These are generally used for antitussive, antidiarrheal, and analgesic purposes.
Examples include cough preparations containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC® and Phenergan with Codeine®).
DEFINITION OF A DRUG CALIFORNIA VEHICLE CODE Any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions.
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HEALTH AND SAFETY CODE DEFINITIONS SECTIONS 11000-11033
11000. This division shall be known as the "California 11013. "Distributor" means a person who distributes. The Uniform term distributor also includes warehousemen handling or Controlled Substances Act." storing controlled substances and customs brokers.
11001. Unless the context otherwise requires, the 11014. "Drug" means (a) substances recognized as drugs definitions in this chapter govern the construction of this in the official United States Pharmacopoeia, official division. Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (b) 11002. "Administer" means the direct application of a substances intended for use in the diagnosis, cure, controlled substance, whether by injection, inhalation, mitigation, treatment, or prevention of disease in man or ingestion, or any other means, to the body of a patient for his animals; (c) substances (other than food) intended to affect immediate needs or to the body of a research subject by any the structure or any function of the body of man or animals; of the following: and (d) substances intended for use as a component of any (a) A practitioner or, in his presence, by his authorized article specified in subdivision (a), (b), or (c) of this section. It agent. does not include devices or their components, parts, or (b) The patient or research subject at the direction and in accessories. the presence of the practitioner. 11014.5. (a) "Drug paraphernalia" means all equipment, 11003. "Agent" means an authorized person who acts on products and materials of any kind which are designed for behalf of or at the direction of a manufacturer, distributor, or use or marketed for use, in planting, propagating, cultivating, dispenser. It does not include a common or contract carrier, growing, harvesting, manufacturing, compounding, public warehouseman, or employee of the carrier or converting, producing, processing, preparing, testing, warehouseman. analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise 11004. "Attorney General" means the Attorney General of introducing into the human body a controlled substance in the State of California. violation of this division. It includes, but is not limited to: (1) Kits designed for use or marketed for use in planting, 11005. "Board of Pharmacy" means the California State propagating, cultivating, growing, or harvesting of any Board of species of plant which is a controlled substance or from Pharmacy. which a controlled substance can be derived. (2) Kits designed for use or marketed for use in 11006.5. “Concentrated cannabis" means the separated manufacturing, compounding, converting, producing, resin, whether crude or purified, obtained from marijuana. processing, or preparing controlled substances. (3) Isomerization devices designed for use or marketed for 11007. "Controlled substance," unless otherwise use in increasing the potency of any species of plant which specified, means a drug, substance, or immediate precursor is a controlled substance. which is listed in any schedule in Section 11054, 11055, (4) Testing equipment designed for use or marketed for 11056, 11057, or 11058. use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances. 11008. "Customs broker" means a person in this state (5) Scales and balances designed for use or marketed for who is authorized to act as a broker for any of the following: use in weighing or measuring controlled substances. (a) A person in this state who is licensed to sell, distribute, (6) Containers and other objects designed for use or or otherwise possess any controlled substance. marketed for use in storing or concealing controlled (b) A person in any other state who ships any controlled substances. substance into this state. (7) Hypodermic syringes, needles, and other objects (c) A person in this state or any other state who ships or designed for use or marketed for use in parenterally injecting transfers any controlled substance through this state. controlled substances into the human body. (8) Objects designed for use or marketed for use in 11009. "Deliver" or "delivery" means the actual, ingesting, inhaling, or otherwise introducing marijuana, constructive, or attempted transfer from one person to cocaine, hashish, or hashish oil into the human body, such another of a controlled substance, whether or not there is an as: agency relationship. (A) Carburetion tubes and devices. (B) Smoking and carburetion masks. 11010. "Dispense" means to deliver a controlled substance (C) Roach clips, meaning objects used to hold burning to an ultimate user or research subject by or pursuant to the material, such as a marijuana cigarette, that has become too lawful order of a practitioner, including the prescribing, small or too short to be held in the hand. furnishing, packaging, labeling, or compounding necessary (D) Miniature cocaine spoons, and cocaine vials. to prepare the substance for that delivery. (E) Chamber pipes. (F) Carburetor pipes. 11011. "Dispenser" means a practitioner who dispenses. (G) Electric pipes. (H) Air-driven pipes. 11012. "Distribute" means to deliver other than by (I) Chillums. administering or dispensing a controlled substance. (J) Bongs. (K) Ice pipes or chillers.
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(b) For the purposes of this section, the phrase "marketed 11018.5. “Industrial hemp" means a fiber or oilseed crop, for use" means advertising, distributing, offering for sale, or both, that is limited to nonpsychoactive types of the plant displaying for sale, or selling in a manner which promotes Cannabis sativa L. and the seed produced therefrom, having the use of equipment, products, or materials with controlled no more than three-tenths of 1 percent tetrahydrocannabinol substances. (THC) contained in the dried flowering tops, and that is (c) In determining whether an object is drug paraphernalia, cultivated and processed exclusively for the purpose of a court or other authority may consider, in addition to all producing the mature stalks of the plant, fiber produced from other logically relevant factors, the following: the stalks, oil or cake made from the seeds of the plant, or (1) Statements by an owner or by anyone in control of the any other compound, manufacture, salt, derivative, mixture, object concerning its use. or preparation of the mature stalks, except the resin or (2) Instructions, oral or written, provided with the object flowering tops extracted therefrom, fiber, oil, or cake, or the concerning its use for ingesting, inhaling, or otherwise sterilized seed, or any component of the seed, of the plant introducing a controlled substance into the human body. that is incapable of germination. (3) Descriptive materials accompanying the object which explain or depict its use. 11019. "Narcotic drug" means any of the following, (4) National and local advertising concerning its use. whether produced directly or indirectly by extraction from (5) The manner in which the object is displayed for sale. substances of vegetable origin, or independently by means (6) Whether the owner, or anyone in control of the object, of chemical synthesis, or by a combination of extraction and is a legitimate supplier of like or related items to the chemical synthesis: community, such as a licensed distributor or dealer of (a) Opium and opiate, and any salt, compound, derivative, tobacco products. or preparation of opium or opiate. (7) Expert testimony concerning its use. (b) Any salt, compound, isomer, or derivative, whether (d) If any provision of this section or the application thereof natural or synthetic, of the substances referred to in to any person or circumstance is held invalid, it is the intent subdivision (a), but not including the isoquinoline alkaloids of of the Legislature that the invalidity shall not affect other opium. provisions or applications of the section which can be given (c) Opium poppy and poppy straw. effect without the invalid provision or application and to this (d) Coca leaves and any salt, compound, derivative, or end the provisions of this section are severable. preparation of coca leaves, but not including decocainized coca leaves or extractions of coca leaves which do not 11015. "Federal bureau" means the Drug Enforcement contain cocaine or ecgonine. Administration of the United States Department of Justice, or (e) Cocaine, whether natural or synthetic, or any salt, its successor agency. isomer, derivative, or preparation thereof. (f) Ecgonine, whether natural or synthetic, or any salt, 11016. "Furnish" has the same meaning as provided in isomer, derivative, or preparation thereof. Section 4048.5 of the Business and Professions Code. (g) Acetylfentanyl, the thiophene analog thereof, derivatives of either, and any salt, compound, isomer, or 11017. "Manufacturer" has the same meaning as provided preparation of in Section 4034 of the Business and Professions Code. acetylfentanyl or the thiophene analog thereof.
11018. "Marijuana" means all parts of the plant Cannabis 11020. "Opiate" means any substance having an addiction- sativa L., whether growing or not; the seeds thereof; the forming or addiction-sustaining liability similar to morphine or resin extracted from any part of the plant; and every being capable of conversion into a drug having addiction- compound, manufacture, salt, derivative, mixture, or forming or addiction-sustaining liability. It does not include, preparation of the plant, its seeds or resin. It does not unless specifically designated as controlled under Chapter 2 include the mature stalks of the plant, fiber produced from (commencing with Section 11053) of this division, the the stalks, oil or cake made from the seeds of the plant, any dextrorotatory isomer of 3-methoxy-n-methylmorphinan and other compound, manufacture, salt, derivative, mixture, or its salts (dextromethorphan). It does include its racemic and preparation of the mature stalks (except the resin extracted levorotatory forms. therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. 11021. "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds. 11018. "Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds of that plant; the 11022. "Person" means individual, corporation, resin extracted from any part of the plant; and every government or governmental subdivision or agency, compound, manufacture, salt, derivative, mixture, or business trust, estate, trust, partnership, limited liability preparation of the plant, its seeds or resin. It does not company, or association, or any other legal entity. include industrial hemp, as defined in Section 11018.5, except where the plant is cultivated or processed for 11023. "Pharmacy" has the same meaning as provided in purposes not expressly allowed for by Division 24 Section 4035 of the Business and Professions Code. (commencing with Section 81000) of the Food and Agricultural Code. 11024. "Physician," "dentist," "podiatrist," "pharmacist," "veterinarian," and "optometrist" means persons who are licensed to practice their respective professions in this state.
11025. "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
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11026. "Practitioner" means any of the following: 11027. (a) "Prescription" means an oral order or electronic (a) A physician, dentist, veterinarian, podiatrist, or transmission prescription for a controlled substance given pharmacist acting within the scope of a project authorized individually for the person(s) for whom prescribed, directly under Article 1 (commencing with Section 128125) of from the prescriber to the furnisher or indirectly by means of Chapter 3 of Part 3 of Division 107, a registered nurse acting a written order of the prescriber. within the scope of a project authorized under Article 1 (b) "Electronic transmission prescription" includes both (commencing with Section 128125) of Chapter 3 of Part 3 of image and data prescriptions. "Electronic image Division 107, a certified nurse-midwife acting within the transmission prescription" is any prescription order for which scope of Section 2746.51 of the Business and Professions a facsimile of the order is received by a pharmacy from a Code, a nurse practitioner acting within the scope of Section licensed prescriber. "Electronic data transmission 2836.1 of the Business and Professions Code, or a prescription" is any prescription order, other than an physician assistant acting within the scope of a project electronic image transmission prescription, which is authorized under Article 1 (commencing with Section electronically transmitted from a licensed prescriber to a 128125) of Chapter 3 of Part 3 of Division 107 or Section pharmacy. 3502.1 of the Business and Professions Code, or an optometrist acting within the scope of Section 3041 of the 11029. "Production" includes the manufacture, planting, Business and Professions Code. cultivation, growing, or harvesting of a controlled substance. (b) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, 11029.5. “Security printer" means a person approved to conduct research with respect to, or to administer, a produce controlled substance prescription forms pursuant to controlled substance in the course of professional practice or Section 11161.5. research in this state. (c) A scientific investigator, or other person licensed, 11030. "Ultimate user" means a person who lawfully registered, or otherwise permitted, to distribute, dispense, possesses a controlled substance for his own use or for the conduct research with respect to, or administer, a controlled use of a member of his household or for administering to an substance in the course of professional practice or research animal owned by him or by a member of his household. in this state. 11031. "Wholesaler" has the same meaning as provided in Section 4038 of the Business and Professions Code.
11032. Whenever reference is made to the term "narcotics" in any provision of law outside of this division, unless otherwise expressly provided, it shall be construed to mean controlled substances classified in Schedules I and II, as defined in this division. Whenever reference is made to "restricted dangerous drugs" outside of this division, unless otherwise expressly provided, it shall be construed to mean controlled substances classified in Schedules III and IV. Whenever reference is made to the term "marijuana" in any provision of law outside of this division, unless otherwise expressly provided, it shall be construed to mean marijuana as defined in this division.
11033. As used in this division, except as otherwise defined, the term "isomer" includes optical and geometrical (diastereomeric) isomers.
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UNIT DOSAGE INFORMATION Minimum amount it takes for a user to become under the influence
Cocaine: Methamphetamine: Methaqualone Powder = .05g Powder (uncut) = .02g Powder= .15 grams or 1 pill Rock = .02g One Cigarette = .03g
Marijuana: PCP: One Cigarette = .3g Heroin: Liquid = .25mil. Powder = .05g Crystal = .02g Hashish: Tar = .02g Dipped Cigarette = ¼ Cigarette Hash = .05g
DOSES PER SPECIFIED QUANTITIES
Powder Heroin: Tar Heroin: 1g = 20 doses 1g = 50 doses 1oz (28.37g) = 567 doses 1oz (28.37g) = 1419 doses 1lb = 9080 Doses 1lb = 22,700 Doses 1k (1,000g) = 20,000 doses 1k (1,000g) = 50,000 doses
Powder Cocaine: Rock Cocaine: 1g = 20 doses 1g = 50 doses 1oz (28.37g) = 567 doses 1oz (28.37g) = 1419 doses 1lb = 9080 Doses 1lb = 22,700 Doses 1k (1,000g) = 20,000 doses 1k (1,000g) = 50,000 doses
Methamphetamine: Marijuana: 1g = 50 doses 1g = 3.3 cigarettes 1oz (28.37g) = 1419 doses 1oz (28.37g) = 94 cigarettes 1lb = 22,700 Doses 1lb = 1,498 cigarettes 1k (1,000g) = 50,000 doses 1k (1,000g) = 3,300 cigarettes
Phencyclidine (Liquid Form): Phencyclidine (Crystal Form): 1mil. = 4 doses 1g = 50 doses 1oz = 118 doses 1oz (28.37g) = 1419 doses 1qt= 3786 Doses 1lb = 22,700 Doses 1 gallon = 15,142 doses 1k (1,000g) = 50,000 doses
Hashish: Hash Oil: 1g = 20 doses 1g = 50 doses 1oz (28.37g) = 567 doses 1oz (28.37g) = 1419 doses 1lb = 9080 Doses 1lb = 22,700 Doses 1k (1,000g) = 20,000 doses 1k (1,000g) = 50,000 doses
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All H&S Codes Unless Noted
SALE
MINOR
SELLING/
FORGERY
FURNISHING SUBSTANCE
TRANSPORT/
POSSESSION
ADULT INDUCING INDUCING ADULT
POSSESSION FOR FOR POSSESSION
SALE OF SPURIOUS SPURIOUS OF SALE 11377(a) 11378 11379(a) 11380 BP 4324 11382 Alprazolam (Xanax) M F F F F/M F/M AMPHETAMINES 11377(a) 11378 11379(a) 11380 BP 4324 11382 (Biphetamine)//(Dexedrine)/ M F F F F/M F/M (Dexamyl)/(Eskatrol)
BARBITUATES 11377(a) 11378 11379(a) 11380 BP 4324 11382 (Amytal)/(Nembutal)/ M F F F F/M F/M (Seconal)/(Tuinal)/(Phenobarb) CLONAZEPAM 11377(a) 11378 11379(a) 11380 BP 4324 11382 (Klonopin) M F F F F/M F/M 11350(a) 11351 11352(a) 11353 11368 11355 CODEINE M F F F F/M F/M 11350(a) 11351 11352(a) 11353 11368 11355 COCAINE M F F F F/M F/M 11350(a) 11351.1 11352(a) 11353 11368 11355 COCAINE BASE M F F F F/M F/M 11350(a) 11351 11352(a) 11353 11368 11355 DEMEROL M F F F F/M F/M 11350(a) 11351 11352(a) 11353 11368 11355 DILAUDI M F F F F/M F/M 11350(a) 11351 11352(a) 11353 11368 11355 HEROIN M F F F F/M F/M 11350(a) 11351 11352(a) 11353 11368 11355 HYDROCODONE (Vicodin) M F F F F/M F/M 11377(b)(3) KHAT N/A N/A N/A N/A N/A M 11377(b)(3) CATHINONE N/A N/A N/A N/A N/A M 11377(b)(4) 11377(b)(4) CATHINE N/A N/A N/A N/A M M 11377(a) 11378 11379(a) 11380 11382 LSD N/A F/M F F F F/M 11350(a) 11351 11352(a) 11353 11355 MESCALIN N/A M F F F F/M 11350(a) 11351 11352(a) 11353 11368 11355 METHADONE M F F F F/M F/M 11377(a) 11378 11379(a) 11380 BP 4324 11382 METHAMPHETAMINE M F F F F/M F/M 11350(a) 11351 11352(a) 11353 11368 11355 MORPHINE M F F F F/M F/M OXYCODONE/ 11350(a) 11351 11352(a) 11353 11368 11355 OXYCONTIN M F F F F/M F/M 11377(a) 11378.5 11379.5 11380 BP 4324 11382 PHENYCLIDINE (PCP) M F F F F/M F/M 11350(a) 11351 11352(a) 11353 11368 11355 PERCODAN M F F F F/M F/M 11350(a) 11351 11352(a) 11353 11355 PEYOTE N/A M F F F F/M 11377(a) 11378 11378(a) 11379(a) 11380 11382 PSILOCYBIN M F F F F F/M 11390 (F/M) - Cultivates any spores or mycelium capable of producing mushrooms 11391(F/M) - Sale/Transport any spores or mycelium capable of producing mushrooms 11377(a) 11378 11379(a) 11380 BP 4324 11382 RITALIN M F F F F/M F/M TRANQUILIZERS - i.e. BP 4060 11377(a) 11377(a) BP 4324 N/A N/A (Librium)/(Valium) M F/M F/M F/M 11350(a) 11351 11352(a) 11353 11368 11355 ZOLPIDEM (Ambien) M F F F F/M F/M
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SYNTHETIC CONTROLLED SUBSTANCES HS 11357.5 / M Synthetic Cannabis HS 11375.5 / M Synthetic Stimulants HS 109575 / M Imitation/Bunk Drugs HS 11355 / M Sale of a Substitute Fake Drug
TYPE OF DRUG SCHEDULE INFLUENCE POSSESSION SALES TRANSPORT PARAPHERNALIA CNS STIMULANTS Amphetamines (Includes Rx Adderall) II 11550(a) 11377(a) 11378 11379(a) 11364(a) Methamphetamine II 11550(a) 11377(a) 11378 11379(a) 11364(a) Ritalin (Methylphenidate) II 647(f) PC 11377(a) 11378 11379(a) N/A Cylert (Pemoline) IV 647(f) PC 11375(b)(2) 11375(b)(1) 11375(b)(1) N/A Cathinone and Khat II 647(f) PC 11377(b)(3) 11378 11379(a) N/A Cocaine (HCL) II 11550(a) 11350(a) 11351 11352(a) 11364(a) Cocaine (Base) I 11550(a) 11350(a) 11351.5 11352(a) 11364(a) OPIATES Heroin I 11550(a) 11350(a) 11351 11352(a) 11364(a) Codeine (Pills & Syrups) II 11550(a) 11350(a) 11351 11352(a) 11364(a) Vicodine or Norco (Hydrocodone) II 11550(a) 11350(a) 11351 11352(a) 11364(a) Dilaudid (Hydromorphone) II 11550(a) 11350(a) 11351 11352(a) 11364(a) MS Contin (Morphine) II 11550(a) 11350(a) 11351 11352(a) 11364(a) OxyContin, Roxicodone (Oxycodone) II 11550(a) 11350(a) 11351 11352(a) 11364(a) Opana, Numorphone (Oxymorphone) II 11550(a) 11350(a) 11351 11352(a) 11364(a) Methadone II 11550(a) 11350(a) 11351 11352(a) 11364(a) PCP, HALLUCINOGENS, INHALANTS PCP (Including its analogs) II 11550(a) 11377(a) 11378.5 11379 N/A Ketamine III 647(f) PC 11379.2 11379.2 11379.2 N/A LSD (Lysergic Acid Diethylamide) I 647(f) PC 11377(a) 11378 11379(a) N/A Peyote (Mescaline) I 11550(a) 11350(a) 11351 11352(a) N/A Mushrooms (Psilocybin) I 647(f) PC 11377(a) 11378 11379(a) N/A Salvia N/A 647(f) PC N/A N/A 379 PC N/A MDMA (Ecstasy) **Refer to note below** II 11550(a) 11377(a) 11378 11379(a) 11364(a) Toluene (Spray Paint and Glues) N/A 381(a) PC 381(a) PC N/A 380(a) PC N/A Nitrous Oxide (NOS) N/A 381b PC 381b PC N/A 381c(b) PC N/A Other Inhalants (Aerosols) N/A 647(f) PC N/A N/A N/A N/A CNS DEPRESSANTS GHB and Analogs (GBL, BD) I 11550(a) 11350(b) 11351 11352(a) N/A Soma (Carisoprodol) N/A 647(f) PC N/A N/A N/A N/A Anti-Depressants (Zoloft, Prozac, Paxil) N/A 647(f) PC N/A N/A N/A N/A Phenobarbital & other Barbiturates II, III or IV 647(f) PC 11377(a) 11378 11379(a) N/A Benzodiazpines (Valium, Xanax) IV 647(f) PC 11375(b)(2) 11375(b)(1) 11375(b)(1) N/A Ambien (Zolpidem) & Sonata (Zaleplon) IV 647(f) PC 11377(a) 11378 11379(a) N/A * People v. Becker (2010) upheld MDMA as being an analog (per 11401 HS)*of Methamphetamine. Rev: 02/15 (MGR)
Immunity for Drug-Related Overdoses Starting in January 2013, any person who calls for medical assistance for someone experiencing a drug-related overdose is protected from arrest or prosecution for being under the influence of a controlled substance or for being in possession for personal use of a controlled substance or drug paraphernalia. This immunity applies equally if the person who makes the good faith call for medical assistance is the person who has overdosed. The definition of "drug-related overdose" is "an acute medical condition that is the result of the ingestion or use by an individual of one or more controlled substances or one or more controlled substances in combination with alcohol, in quantities that are excessive for that individual that may result in death, disability, or serious injury." (HS Code, §11376.5)
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MARIJUANA ENFORCEMENT
POSSESSION
H&S Activity / Age Penalty 11357(a)(1) Possession up to 1oz*, Under 18 Infraction 11357(a)(1) Possession up to 1oz*, 18 – 20 Infraction 11357(b)(1) Possession of 1oz* or more, under 18 Infraction 11357(b)(2) Possession of 1oz* or more, 18 or over Misdemeanor 11357(c) Possession up to 1oz* in school grounds, 18 or over Misdemeanor 11357(d) Possession up to 1oz* in school grounds, under 18 Infraction POSSESSION UP TO 1oz* FOR PERSONS OVER THE AGE OF 21 IS LEGAL *Or 4 grams of Concentrated Cannabis
SYNTHETIC CANNABINOID COMPOUND
H&S Activity Penalty Every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute, furnish, administer, or give, or 11357.5 Misdemeanor possesses for sale any synthetic cannabinoid compound, or any synthetic cannabinoid derivative, to any person.
CULTIVATION
H&S 11362.2 - The personal cultivation of marijuana pursuant to H&S 11362.1(3) must comply with any local ordinances (i.e. reasonable regulations) and the living plants must be kept within the person’s private residence or upon the grounds, in a locked space, not visible by normal unaided vision from a public place. A single private residence is limited to no more than 6 living plants.
H&S Activity / Age Penalty Plants, cultivates, harvests, dries, or processes any marijuana plants, under 11358(a) Infraction 18 11358(b) Plants, cultivates, harvests, dries, or processes any marijuana plants, 18-20 Infraction Plants, cultivates, harvests, dries, or processes more than six living 11358(c) Misdemeanor marijuana plants, 18 and over Plants, cultivates, harvests, dries, or processes more than six living 11358(d) Misdemeanor marijuana plants 11358(d) Felony If: (1) The person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code; (2) The person has two or more prior convictions under subdivision (c); or (3) The offense resulted in any of the following: (A) Violation of Section 1052 of the Water Code relating to illegal diversion of water; (B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of waste; (C) Violation of Fish and Game Code Section 5650 or Section 5652 of the Fish and Game Code relating to waters of the state; (D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams and lakes; (E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste; (F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act; or (G) Intentionally or with gross negligence causing substantial environmental harm to public lands or other public resources.
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POSSESSION FOR SALES
H&S Activity / Age Penalty 11359(a) Possession for Sales, under 18 Infraction 11359(b) Possession for Sales, 18 and over Misdemeanor 11359(c) Possession for Sales Felony If: (1) The person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code; (2) The person has two or more prior convictions under subdivision (b); or (3) The offense occurred in connection with the knowing sale or attempted sale of marijuana to a person under the age of 18 years. (d) Notwithstanding subdivision (b), a person 21 years of age or over who possesses marijuana for sale may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if the offense involves knowingly hiring, employing, or using a person 20 years of age or younger in unlawfully cultivating, transporting, carrying, selling, offering to sell, giving away, preparing for sale, or peddling any marijuana. 11359(d) Possession for Sales Felony If: A person 21 years of age or over who possesses marijuana for sale may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if the offense involves knowingly hiring, employing, or using a person 20 years of age or younger in unlawfully cultivating, transporting, carrying, selling, offering to sell, giving away, preparing for sale, or peddling any marijuana.
UNLAWFUL TRANSPORTATION, IMPORTATION, SALE, OR GIFT
H&S Activity / age Penalty Transports, imports into this state, sells, furnishes, administers, or gives 11360(a)(1) away, or offers to transport, import into this state, sell, furnish, administer, Infraction or give away, or attempts to import into this state or transport, under 18 Transports, imports into this state, sells, furnishes, administers, or gives 11360(a)(2) away, or offers to transport, import into this state, sell, furnish, administer, Misdemeanor or give away, or attempts to import into this state or transport, 18 & over Transports, imports into this state, sells, furnishes, administers, or gives away, or offers to 11360(a)(3) transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport Felony If: (A) The person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code; (B) The person has two or more prior convictions under paragraph (2); (C) The offense involved the knowing sale, attempted sale, or the knowing offer to sell, furnish, administer or give away marijuana to a person under the age of 18 years; or (D) The offense involved the import, offer to import, or attempted import into this state, or the transport for sale, offer to transport for sale, or attempted transport for sale out of this state, of more than 28.5 grams of marijuana or more than four grams of concentrated cannabis. Gives away, offers to give away, transports, offers to transport, or 11360(b) attempts to transport not more than 28.5 grams of marijuana, other than Infraction concentrated cannabis, 11360(c) For purposes of this section, “transport” means to transport for sale. This section does not preclude or limit prosecution for any aiding and abetting or 11360(d) conspiracy offenses.
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USE OF MINORS
H&S Activity Penalty Every person 18 years of age or over who hires, employs, or uses a minor in unlawfully transporting, carrying, selling, giving away, preparing for sale, or peddling any marijuana, who unlawfully sells, or offers to sell, any marijuana to a 11361(a) Felony minor, or who furnishes, administers, or gives, or offers to furnish, administer, or give any marijuana to a minor under 14 years of age, or who induces a minor to use marijuana in violation of law Every person 18 years of age or over who furnishes, administers, or gives, or 11361(b) offers to furnish, administer, or give, any marijuana to a minor 14 years of age or Felony older
SMOKING IN PUBLIC
H&S 11362.3 Nothing in H&S 11362.1 permits a person to smoke marijuana in a location where smoking tobacco is prohibited, or within 1,000 feet of a school, day care center, or youth center while children are present. Nor may a person manufacture concentrated cannabis using a volatile solvent without a license.
H&S Activity Penalty 11362.4(a) Person who smokes or ingests marijuana in a public place Infraction Person who smokes or ingests marijuana where smoking tobacco is prohibited or within 1,000 feet of school, etc. 11362.4(b) Infraction (violates 11362.3(a)(2) or (3)), or possesses open container in vehicle (violates 11362.3(4)) Person who possesses, smokes, or ingests marijuana upon the Subject to same 11362.4(c) grounds of a school, day care center, or youth center while misdemeanor punishments children are present (violates 11362.3(5)) as H&S 11357(c) or (d) Subject to felony Person who manufactures concentrated cannabis using a 11362.4(d) punishment (3-5- 7) under chemical solvent without a license (violates 11362.3(6)) H&S 11379.6.
SEARCH AND SEIZURE ADVISORY A person may not possess an open container or open package of marijuana or marijuana products, or smoke or ingest marijuana, while driving, operating or riding in a motor vehicle, boat, or other vehicle used for transportation. (11362.3(4).)
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MISCELLANEOUS DRUG LAWS H&S CODE UNLESS NOTED Has possession of drug paraphernalia used for unlawfully injecting or 113641 Possession Of Drug Paraphernalia smoking a controlled substance, their isomers, esters, ethers, salts, and M salts of their isomers, esters, and ethers. 1Until January 1, 2021, this section shall not apply to the possession solely for personal use of hypodermic needles or syringes if acquired from a physician, pharmacist, hypodermic needle and syringe exchange program, or any other source that is authorized by law to provide sterile syringes or hypodermic needles without a prescription. 11365 Unlawful to visit or to be in any room or place where any narcotics are Drug Environment M being used with knowledge (marijuana not included). 11366 Every person who opens or maintains any place for the purpose of Drug House F/M unlawfully selling, giving away, or using any type of narcotic drug. 11366.5 Maintaining a residence for purposes of Any person who has under his or her management or control F/M selling or manufacturing a controlled substance 11366.6 Maintaining a place for the purpose of A defendant must have the intent that the place be used for such a F/M distributing controlled substances purpose Wholesaler or retailer to sell a drug, chemical, or other laboratory device 11366.7 knowing or intending that such item will be processed into, or used to, Wholesale of Precursors F/M prepare a controlled substance, and the drugs will be sold illegally or otherwise distributed. Every person who possesses, uses, or controls a false compartment with 11366.8(a) False Compartment/Use the intent to store, conceal, smuggle, or transport a controlled substance M within the false compartment. Every person who designs, constructs, builds, alters, or fabricates a false 11366.8 (b) False Compartment/ compartment for, or installs or attaches a false compartment to, a vehicle F Producing with the intent to store, conceal, smuggle, or transport a controlled substance. 11368 F Forged/Altered Pres. Forged or altered prescription. Possession of any amount of cocaine base, cocaine, heroin, 11370.1 (a) Firearm And Controlled Substances methamphetamine, or phencyclidine while armed with a loaded, operable F firearm. 11173(a) No person shall obtain or attempt to obtain any controlled substance by Controlled Substance By Fraud M fraud, deceit, or misrepresentation. 11173(b) No person shall make a false statement in any prescription, order, report, False Statement In Any Prescription M or record. 11173(d) No person shall affix a false or forged label on a container containing False Or Forged Label M controlled drug. 11377 (b) Unlawful possession of anabolic steroids as specified in Section 11056(f) Possession Of Anabolic Steroids M H.S. 11379.6(a) Manufacturing Controlled Substances. Manufacturing Controlled Substances. F …of opiate or opium derivative, methaqualone, cocaine, peyote, 11550(a) mescaline, PCP and its analogs, amphetamines, methamphetamines, or Use Or Be Under The Influence M any Schedule III, IV, or V drug not administered under legal prescription. Does not include LSD, marijuana, or inhalants ….of cocaine base, cocaine, heroin, methamphetamine, or phencyclidine. 11550(e) Possession Of Firearm And Under The Possession of a loaded, operable firearm includes the interior passenger M/F Influence compartment of a motor vehicle. 4060 BP Possession of a controlled substance Possession of a controlled substance without a prescription. M without a pres. 4323 BP Every person who uses false information over the telephone to obtain any False Information Over The Telephone M drug. Possession, intoxication, or inhalation of toluene, glue, paint thinners, 381(a) PC Possession Of Toluene For The Purpose paints, and other poisons as defined in Section 4160 BP (Schedule D), for M Of Impairment the purpose of impairment to the central nervous system. 381(b) PC Under influence, or possession of nitrous oxide, with the intent to breathe, Under Influence Nitrous Oxide M inhale, or ingest for purpose of impairment to the central nervous system. 11350.5 / 11377.5 Possession the drugs gamma hydroxybutyric acid (GHB), flunitrazepam Date Rape Drugs and Sexual Assault F (rohypnol), or ketamine with the intent to commit a crime of sexual assault.
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METHLABS , METHAMPHETAMINE, AND PCP PRECURSORS
HS § 11383.5 F Possession of Chemicals with the Intent to Manufacture Methamphetamine (a): Possession of methylamine and phenylacetone (b)(1): Possession of ephedrine or pseudoephedrine, or any salts or isomers of either (b)(2): Possession of hydriodic acid or a reducing agent (c): Possession of the optical, positional, or geometric isomer of any compound listed in H&S 11383.5 (d): Possession of immediate precursors sufficient for the manufacture of various specified substances (e.g., methylamine, ephedrine) (e): Possession of essential chemicals sufficient to manufacture hydriodic acid or a reducing agent (f): Possession of a compound or mixture containing a specified substance (e.g., ephedrine, pseudoephedrine) Possession of Listed Chemicals for Sale, to be Used in the Manufacture of H&S §11383.6 F Phencyclidine (PCP) (a): Possession of specified combinations of chemicals with the intent to sell, transfer, or furnish them to another person (b): Possession of the optical, positional, or geometric isomer of any compound listed in H&S § 11383.6 with the intent to sell, transfer, or furnish the isomer to another person (c): Possession a compound or mixture containing piperidine, cylcohexanone, pyrrolidine, morpholine, 1-phenylcyclohexylamine (PCA), 1-piperidnocyclohexanecarbonitrile (PCC), or phenylmagnesium bromide (PMB), with the intent to sell, transfer, or furnish it to another person (d): Possession of the immediate precursors sufficient for the manufacture of piperidine, cyclohexanone, pyrrolidine, morpholine, or phenylmagnesium bromide (PMB) with the intent to sell, transfer, or furnish them to another person Possession of Listed Chemicals for Sale, to be Used in the Manufacture of H&S § 11383.7 F Methamphetamine (a): Possession of both methylamine and phenylacetone at the same time with the intent to sell, transfer, or furnish them to another person with the knowledge (b)(1): Possession of ephedrine or pseudoephedrine, or any salts or isomers of either, or possessing a combination of specified chemicals, with the intent to sell, transfer, or furnish them to another person with the knowledge (b)(2): Possession of hydriodic acid or a reducing agent with the intent to sell, transfer, or furnish it to another person with the knowledge (c): Possession of the optical, positional, or geometric isomer of any compound listed in H&S § 11383.7, with the intent to sell, transfer, or furnish it to another person with the knowledge (d): Possession of the immediate precursors sufficient for the manufacture of various specified substances (e.g., methylamine, ephedrine), with the intent to sell, transfer, or furnish them to another person with the knowledge (e): Possession of essential chemicals sufficient to manufacture hydriodic acid or a reducing agent, with the intent to sell, transfer, or furnish them to another person with the knowledge (f): Possession of a compound or mixture containing a specified substance (e.g., ephedrine, pseudoephedrine), with the intent to sell, transfer, or furnish it to another person with the knowledge
If children are present, also use PC 273a and notify: Contact: Los Angeles County Department of Children and Family Services, Bureau of Child Protection Office (323) 869 2912 869 Fax (323) 838 2804 838 Email: [email protected]
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INDICATORS CONSISTENT WITH DRUG CATEGORIES
CNS CNS DISSOCIATIVE NARCOTIC HALLUCINOGENS INHALANTS CANNABIS DEPRESSANTS STIMULANTS ANESTHETICS ANALGESICS
HGN PRESENT NONE NONE PRESENT NONE PRESENT NONE
PRESENT PRESENT VGN NONE NONE PRESENT NONE (HIGH NONE (HIGH DOSE) DOSE)
LOC PRESENT NONE NONE PRESENT NONE PRESENT PRESENT
DILATED NORMAL (1) DILATED DILATED NORMAL CONSTRICTED NORMAL (4) PUPIL SIZE (6)
LITTLE OR REACTION NORMAL SLOWED SLOWED NORMAL SLOW NORMAL (3) NONE TO LIGHT VISIBLE
PULSE RATE DOWN (2) UP UP UP DOWN UP UP
BLOOD UP/DOWN DOWN UP UP UP DOWN UP PRESSURE (5)
BODY UP/DOWN/ DOWN UP UP UP DOWN NORMAL TEMP. NORMAL
MUSCLE NORMAL/ FLACCID RIGID RIGID RIGID FLACCID NORMAL TONE FLACCID 1. Soma, Quaaludes, and some anti-depressants usually dilate. 2. Quaaludes, ETOH, and some anti-depressants may elevate. 3. Certain psychedelic amphetamines may cause slowing. 4. Normal, but may be dilated. 5. Down with anesthetic gases, up with volatile solvents and aerosols. 6. Pupil size possibly normal. Blood Pressure: Temperature: Pupil Size: Pulse: 120-140 Systolic 98.6 +/- 1 Room: 4.0 / Dark: 6.5 / Direct: 3.0 60-90 BPM 70-90 Diastolic
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NARCOTIC ASSET FORFEITURE LASD NARCOTICS BUREAU ASSET FORFEITURE UNIT We encourage any deputy, working at either a patrol station, custody / court or special assignment or any detective or task force officer to contact the Asset Forfeiture Unit before or during any operation which may result in the potential for a financial investigation. ASSET(S) ENCOUNTERED DURING INVESTIGATION
NARCOTICS NO NARCOTICS FOUND, NO NARCOTICS SEIZED AND CASH SEIZED IS FOUND, CASH SEIZED
CASH BETWEEN $3,000 AND BELIEVED TO BE DISCOVERED. $25,000. $25,000 OR MORE.
More than $1,000 Less than $1,000
Arrest suspect(s) and book cash as evidence. Separate Separate suspects. Separate Obtain disclaimer or suspects. Arrest if applicable.
suspects statements on source Arrest if Consider charge of of cash. applicable. 11370.9 H&S.
Notify Station Notify K-9 Narco Crew
Notify K-9 **AND
IF
Obtain disclaimer or $5,000+ and /or Obtain disclaimer or statements on source vehicles / real statements on source of cash, as directed by property of cash. the A.F. Unit.
Notify Asset Forfeiture Unit They may respond—case by case basis
** A prompt notification without delay to the Asset Forfeiture Unit will expedite their assistance and/or response.
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GENERAL ASSET FORFEITURE INFORMATION
The seizure of assets is the taking of the item of value from the person(s) who have acquired such items as related to their criminal enterprise. Forfeiture refers to the actual assignment of that item of value to the government for distribution.
The Asset Forfeiture process referenced in this pamphlet are CIVIL matters and NOT Criminal and are delineated in either 11470 H&S or 21 U.S.C. 881. Civil forfeiture sanctions have been deemed Remedial as opposed to punitive. The underlying rationale for the use of Forfeiture laws is: To create a financial disincentive To protect the public from the harm of illicit monies; and To compensate public and private losses caused by the conduct giving rise to forfeiture
11370.9 H&S Defined
It is unlawful for any person to receive, give, sell, transfer, conceal, transport, etc, items of value, believed to be proceeds from the sale of narcotics, which is in excess of $25,000.
The Asset Forfeiture Unit will actively support any Sheriff’s Department criminal case Investigator, by initiating a parallel financial investigation, on any individual(s) who have been charged with or suspected of violating certain Health and Safety code sections, or Specified Unlawful Activities (SUA) under Title 18 U.S.C. sections 1956 and 1957.
Contacting the Asset Forfeiture Unit: 0800—1700 hours - call (562) 946-7116 After hours - call SIB (213) 229-1700 Or call Sergeant Marc Burruss (562) 477-5226
Contacting Narcotics K-9: 0800-1700 hours - call Sergeant Glenn Emery (562) 244-9151 After hours - call SIB
Weight Conversions
1 Ounce: 28.5 grams 1 Ounce (Mexican): 25 grams 1/8 Ounce (eight ball): 3.5 grams 1/16 Ounce (teener): 1.78 grams
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WEAPONS ENFORCEMENT
SUBJECT PAGE # AMMUNITION 136 BOOBYRAPS 136 CAMOUFLAGED GUNS 136 CCW 136 DEALERS 137 DEFINITIONS 134 EXPLOSIVES 137 GAS 137 GUN SHOWS 137 IDENTIFICATION 138 JUVENILES 138 KNIVES 139 LICENSE AND PERMITS 139 MANUFACTURING 139 OTHER WEAPONS 139 POSSESSION 139 RESTRAINING ORDERS – GUNS 135 SALES/FURNISHING 140 STORAGE 141 STUN GUNS 141 VEHICULAR 141
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DEFINITIONS
16140 “Air Gauge Knife" appears to be an air gauge but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended.
16220. "Ballistic Knife" device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas.
16250. "BB Device" instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun.
16260. "Belt Buckle Knife" is a knife that is made an integral part of a belt buckle and consists of a blade with a length of at least two and one-half inches.
16270. "Blowgun" means a hollow tube designed and intended to be used as a tube through which a dart is propelled by the force of the breath of the user.
16280. "Blowgun Ammunition" means a dart designed and intended for use in a blowgun.
16288. "Body Armor" means any bullet-resistant material intended to provide ballistic and trauma protection for the person wearing the body armor.
16290. "Body Vest" or "body shield" means any bullet-resistant material intended to provide ballistic and trauma protection for the wearer or holder.
16310. "Boobytrap" means any concealed or camouflaged device designed to cause great bodily injury when triggered by an action of any unsuspecting person coming across the device.
16330. "Cane Gun" firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in walking, if the firearm may be fired while mounted or enclosed therein.
16340. "Cane Sword" means a cane, swagger stick, stick, staff, rod, pole, umbrella, or similar device, having concealed within it a blade that may be used as a sword or stiletto.
16405. "Composite Knuckles" any device or instrument made wholly or partially of composite materials, other than a medically prescribed prosthetic, that is not metal knuckles, that is worn for purposes of offense or defense in or on the hand, and that either protects the wearer's hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow.
16470. "Dirk" Or "Dagger" a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position.
16570. "Flechette Dart" means a dart, capable of being fired from a firearm, that measures approximately one inch in length, with tail fins that take up approximately five-sixteenths of an inch of the body.
16640. (a) "Handgun" means any pistol, revolver, or firearm capable of being concealed upon the person.
16680. "Hard Wooden Knuckles" any device or instrument made wholly or partially of wood or paper products that is not metal knuckles.
16700. (a) "Imitation Firearm" any BB device, toy gun, cellular phone/case, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm.
16760. "Leaded Cane" means a staff, crutch, stick, rod, pole, or similar device, unnaturally weighted with lead.
16830. "Lipstick Case Knife" means a knife enclosed within and made an integral part of a lipstick case.
16840. (a) "Loaded" whenever both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person.
16880. (a) "Machinegun" means any weapon that shoots, is designed to shoot, or can readily be restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.
16920. "Metal Knuckles" means any device or instrument made wholly or partially of metal that is worn for purposes of offense or defense in or on the hand and that either protects the wearer's hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow.
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16940. "Nunchaku" an instrument consisting of two or more sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain, in the design of a weapon used in connection with the practice of a system of self-defense such as karate.
16965. "Passenger's Or Driver's Area" means that part of a motor vehicle which is designed to carry the driver and passengers, including any interior compartment or space therein.
17160. "Shobi-Zue" means a staff, crutch, stick, rod, or pole concealing a knife or blade within it, which may be exposed by a flip of the wrist or by a mechanical action.
17170. "Short-Barreled Rifle" any of the following: (a) A rifle having a barrel or barrels of less than 16 inches in length. (b) A rifle with an overall length of less than 26 inches.
17180. "Short-Barreled Shotgun" any of the following: (a) A firearm that is designed or redesigned to fire a fixed shotgun shell and has a barrel or barrels of less than 18 inches in length. (b) A firearm that has an overall length of less than 26 inches and that is designed or redesigned to fire a fixed shotgun shell.
17200. "Shuriken" any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape, for use as a weapon for throwing.
17230. "Stun Gun" any item, except a less lethal weapon, used or intended to be used as either an offensive or defensive weapon that is capable of temporarily immobilizing a person by the infliction of an electrical charge.
17235. "Switchblade Knife" a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife, or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever.
17240. (a) "Tear Gas" applies to and includes any liquid, gaseous or solid substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispersed in the air.
17330. "Wallet Gun" means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if the firearm may be fired while mounted or enclosed in the case.
17350. "Writing Pen Knife" a device that appears to be a writing pen but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument
17360. "Zip Gun" any weapon or device that meets all of the following criteria: (b) It was not originally designed to be a firearm by a manufacturer (d) It is made or altered to expel a projectile by the force of an explosion or other form of combustion.
PENAL CODE §29180 (ADDED): FIREARMS IDENTIFICATION INFORMATION: This code was added to require a person, commencing July 1, 2018, to apply and obtain from the Department of Justice (DOJ) a unique serial number or mark of identification prior to manufacturing or assembling a firearm. A Person who owns a firearm which does not have a serial number will be required by January 1, 2019, to obtain a unique serial number or other mark of identification. The exceptions may be found in §29181. Both of these violations are a misdemeanor.
GUN VIOLENCE RESTRAINING ORDER PROCEDURES Field Operations Directive 16-001, 03/06/16 PROCEDURES Any incident where a temporary gun violence restraining order (GVRO) may be needed, an incident report (SH-R-49) shall be written and an URN obtained. The handling deputy will contact the court for signature on the GVRO by a magistrate, and if the restrained person can be contacted, then he or she should be served in person. GVRO’s may be obtained 24 hours a day, seven days a week, by contacting the County operator at (213) 974-1234. The operator will connect you to the on-duty court representative.
If the order was petitioned by the immediate family and subsequently approved by the court, service may be provided by Court Services Division’s Civil Management Bureau (CMB). CMB deputies serving a GVRO shall request from the restrained person that all firearms or ammunition be immediately surrendered and advice the restrained person he/she has 24 hours of being served with the order to comply and need not make an immediate surrender. If the subject surrenders the firearms and ammunition to the deputy, he/she shall take custody of the surrendered items and issue a receipt for these items. The restrained person is required to file with the court a copy of the receipt from the law enforcement agency as proof of surrender within 48 hours of being served.
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DEPUTY’S RESPONSIBILITIES Deputies receiving a call for service having a possible nexus to GVRO’s shall handle them without delay. If during the investigation of an incident it is determined that a temporary GVRO should be issued, the deputy needs reasonable cause to believe both of the following exist: The subject of the petition poses an immediate and present danger of causing personal injury to himself/herself or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. A temporary GVRO is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the circumstances of the subject of the petition. A temporary GVRO issued shall prohibit the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, receiving, or attempting to purchase or receive, a firearm or ammunition. The temporary GVRO shall expire 21 days from the date the order is issued. Upon issuance of a GVRO, it shall be the handling deputy’s responsibility to conduct service of the restraining order and request the restrained person to surrender the firearm and ammunition which is indicated in the restraining order.
If the restrained person voluntarily relinquishes a firearm, personnel shall: Obtain an URN using a statistical code of 855 (Relinquish Firearms – Protective Order); Issue a “Firearm’s Receipt”; Advise the restrained person that he or she has 48 hours from the service of the protective order to submit the proof of relinquishment to the Court; Book the firearm at the nearest Sheriff’s station and advise the restrained person which station the firearm was taken to; Process the firearm in accordance with MPP section 5-09/180.00, Firearms Processing; Write an Incident Report indicating that the firearm was relinquished pursuant to the service of a GVRO. If personnel are writing an Incident Report based on a crime and not solely on the relinquishment of a firearm pursuant to service of a GVRO, the service of the restraining order and relinquishment of the firearm shall be documented in the same Incident Report. The statistical code for the crime shall be used for the URN.
Personnel shall not search for any firearm(s) listed in the application for a firearm restraining order unless they have consent, a search warrant, or an exigency arises. The restrained person may refuse to relinquish the firearm at the time of being served with the GVRO. If this occurs, personnel shall advise the restrained person that: He or she has 24 hours from service of the protective order to relinquish his or her firearm(s) to their local law enforcement agency or sell the firearm to a licensed gun dealer; and He or she has 48 hours from the service of the protective order to submit the proof of relinquishment to the court and give, deliver, or submit a copy to the law enforcement agency serving the protective order. After service of the GVRO, if the restrained person refuses to relinquish the firearm and no crime occurred, no Incident Report shall be written by deputy personnel. Personnel serving the GVRO shall make a detailed log entry of the request and refusal.
AMMUNITION 30210(b) F Bullet with explosive agent 30310(a) M Ammunition or re-loaded ammunition on school grounds Person prohibited from possessing a firearm shall not possess or control ammunition or 30305(a)(1) M re-loaded ammunition Fixed ammunition of caliber greater than .60 caliber: Sells, offers for sale, possess, 18735(a) M transport 30305(b)(1) M Gang injunction - possessing ammunition or re-loaded ammunition 30315 F Possess handgun ammunition designed primarily to penetrate metal or armor 32310 F Large capacity magazine (Def: 16740) BOOBYTRAPS 20110(a) F Assembles, maintains, places, or causes to be placed a booby-trap device (Def: 16310) 20110(b) M Possess a device with intent to use the device as a booby-trap CAMOUFLAGED GUNS 19200(b) M Replica hand grenade by criminal street gang 24310 M Camouflaging firearm container (Def: 16320) 24410 F Cane gun (Def: 16330) 24510 F Firearm not immediately recognizable as a firearm 24610 F Undetectable firearm (Def: 17280) F3321 31500 Unconventional pistol (Def: 27170) 5 CCW 26180(a) M CCW - false statement on an application 26180(b) F CCW - false statement on an application
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DEALERS Dealer shall not deliver a firearm to a person within 10 days, must be unloaded, secured 27540 M and with ID 27555 M Dealer to dealer sale of a firearm without obtaining a verification number from DOJ 28050(b) M Dealer retain possession of firearm for private party transaction 28050(c) M Dealer to deliver to buyer of firearm for private party transaction 28050(d) M Dealer to give back firearm to seller for private party transaction 28055(c) M Dealer cannot charge additional fees for private party transaction 28055(b) M Required fee charged by dealer for private party transaction 28100 M Dealer must keep a register or record of electronic or telephonic transfer 28465 M Dealers must receive firearms from centralized list of firearms 30312(a) M Deliver or transfer of ammunition must be face-to-face
EXPLOSIVES Possesses destructive device other than fixed ammunition of a caliber greater than .60 18710(a) F caliber (Def: 16460) 18715(a)(1) F Possession of destructive device/explosives on public street or highway Possession of destructive device/explosives in or near theater, hall, school, college, 18715(a)(2) F church, hotel, or other public building 18715(a)(3) F Possession of destructive device/explosives in or near private habitation Possession of destructive device/explosives in, on, or near aircraft, railway, passenger 18715(a)(4) F train, car, cable, road, cable car, vessel carrying passengers for hire Possession of destructive device/explosives in, on, or near any other public place 18715(a)(5) F ordinarily passed by human beings Possession of substance, material or any combination with the intent to make any 18720 F destructive device/explosive Carriers a destructive device/explosives on a vessel, aircraft, car or other vehicle that 18725(a) F transports passengers for hire Places or carries destructive device/explosives while on board vessel, aircraft, car, or 18725(b) F other vehicle in any hand baggage, roll or other container Place destructive device/explosives in any baggage which is later checked with any 18725(c) F common carrier Sell, offers to sell or transports destructive device/explosive other than fixed ammunition 18730 F of a caliber greater than .60 caliber Possess, explodes, ignites, or attempts to explode or ignite any destructive device or 18740 F explosive with intent to injure, intimidate or terrify or wrongfully injury or destroy property Explodes, ignites, or attempts to explode or ignite any destructive device/explosive with 18745 F the intent to commit murder 18750 F Explodes or ignites destructive device/explosive which causes bodily injury 18755(a) F Explodes or ignites destructive device/explosive which causes death Explodes or ignites destructive device/explosive which causes mayhem or great bodily 18755(b) F injury 19100 F Explosive substance (Def: 16510) GAS 22900 M Unlawful to sell, offer to sell, possess, or transport tear gas or tear gas weapon 22810(g)(1) F Use tear gas or tear gas weapons except self-defense (Def: 17240) 22810(g)(2) F Use tear gas or tear gas weapons except self-defense against a peace officer GUN SHOWS 27245(a) M / I Failure to comply by a gun show producer 27245(b) M / I Failure to post signs by a gun show producer Gun show/event vendor certify in writing to producer - complied with requirements of 27305(f) M / I 27320 Gun show/event vendor certify in writing to producer - firearms unloaded at show/event 27305(e) M / I and secured except for demos
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Gun show/event vendor certify in writing to producer - knowing and complying with all 27305(b) M / I federal, state, and local laws dealing with possession and transfer of firearms Gun show/event vendor certify in writing to producer - Not engage in activities that incite 27305(c) M / I or encourage hate crimes 27305(a) M / I Gun show/event vendor certify in writing to producer - person's complete name Gun show/event vendor certify in writing to producer - process all transfers of firearms 27305(d) M / I through licensed firearms dealers Gun show-event vendor certify in writing to producer - not display or prossess black 27305(g) M / I powder or offer it for sale 27310 M / I Firearm transfers at gun show/event shall be in accordance with state and federal laws At gun show/event - ammo, except for showing ammo to prospective buyer, must be 27315 M / I displayed only in closed original factory boxes or other closed container Vendor shall provide to producer all required info of all persons at vendor's display 27320(a) M / I space 27325 M / I Vendor and employees must wear name tags at show/event 27330 M / I Consumers at gun show/event must not carry firearms and ammo at same time Consumer shall clear firearm of ammo and place required info on tag/sticker attached to 27340(b) M / I firearm Consumer shall sign in ink the tag/sticker attached to firearm prior to entering 27340(a) M / I show/event All persons at show/event must have on their person a government photo ID and must 27345 M / I display it upon request to security officers or law enforcement 29010(c) M Failure of manufacturer to turn over record of manufacturer closure within 3 days 30352(a) M Vendor not sell or transfer ownership of handgun ammunition without required info 30355 M Vendor's handgun ammunition records must remain on premises for 5 years Vendor makes false entry or fails to make required entry or obtain thumbprint for 30360 M handgun ammo 30362(a) M Vendor's refusal to allow examine of handgun ammunition records 30362(b) M Vendor's refuses to allow law enforcement use of handgun ammunition records IDENTIFICATION Change, alters, removes, or obliterates any coloration or marking required for imitation 20150(a) M firearm which makes the imitation firearm look more like a firearm (Def: 16700) Changes, alters, removes, obliterates the name of the manufacturer, the serial number 22910(a) F or any other mark of identification on any tear gas weapon Change, alter, remove or obliterate the name of the make, model, manufacturer's 23900 F number, or other mark of identification on any pistol, revolver or other firearm 27550 M Collusion of falsifying test and safety procedures JUVENILES 19405 M Sell a less lethal weapon to a person under the age of 18 years of age (Def: 16780) 19910 M Sell BB device to minor (Def: 16250) Sell or furnish stun gun to a minor unless the minor is at least 16 years of age and has 22610(c)(1) I written consent from parents (Def: 17230) Minor possess stun gun unless at least 16 years of age and has written parental 22610(d) M consent 25200(a) M Child carries firearm off premises 25200(b) M Child carries firearm off premises to school 27335 I No one under 18 admitted to show/event without parent Sell, loan or transfer a firearm to a minor or sell a handgun to an individual under 21 27505(a) M years of age No licensed person shall sell, supply, deliver or give possession or control of handgun to 27510 M a person under 21 years of age or other firearm to someone under 18 years of age 29610 F/M Minor shall not possess a pistol revolver, or other firearm capable of being concealed 29650 M Minor possesses live ammunition 30300(a)(2) M Sell handgun ammunition or re-loaded ammunition to a person under 21 years of age 30300(a)(1) M Sell ammunition or re-loaded ammunition to a person under 18 years of age
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KNIVES 20610 F Lipstick case knife (Def: 16830) 20310 F Air gauge knife (Def: 16140) 20410 F Belt buckle knife (Def: 16260) 20910 F Writing pen knife (Def: 17350) 20510 F Cane sword (Def: 16340) 20810(a) M Undetectable knife (Def17290: ) 21110 F Ballistic knife (Def: 16220) 21510(b) M Carries a switchblade knife upon their person 21310 F Dirk/dagger (Def: 16470) Sells, offers for sale, exposes for sale, loans, transfers, or gives the switchblade knife to 21510(c) M another person Possession of a switchblade knife in a passenger's or driver's area of a vehicle in public 21510(a) M place or open to the public (Def: 17235) LICENSE AND PERMITS Producer shall keep at the onsite headquarters the information required in 27310(a); law 27320(b) M / I enforcement may review 27560 M Personal handgun importer must within 60 days register or sell handgun Licensed collector must report acquisition within 5 days of bringing a firearm (curio or 27565 M relic) into this state Falsifying or omitting required information on the Declaration for Statutory exemption 28455 M from gun license requirement 29060 M Gun licensee/manufacturers 29525 M Falsify or omit info for an entertainment firearm permit 148.5 M False Reports of Stolen Firearms MANUFACTURING / CONVERSION Manufacturer, sells, offers for sale, possession, or use of a blowgun or blowgun 20010 M ammunition (Def: 16270) Manufacturer, importer, or distributor that fails to comply with federal laws and 20155 M regulations for marking of toy, look-alike, or imitation firearm 29010(a) M Manufacturing firearms Manufacture, import, sell, offer to sell, or transport handgun ammunition designed to 30320 F penetrate metal or armor Manufacture, import into this State for sale, keeps for sale, offers or exposes for sale, 32000(a) M gives, or lends unsafe handgun 32625(b) F Convert firearm to a machinegun 32900 F Multiburst trigger activator (Def: 16930) OTHER WEAPONS 19200(a) I/M/F Metal military practice/metal replica hand grenade 20710 F Shobi-zue (Def: 17160) 21710 M Composite knuckles or hard wooden knuckles (Def: 16405) 21810 F Metal knuckles (Def: 16920) 22010 F Nunchaku (Def: 16940) 22210 F Leaded cane, billy, blackjack, slingshot, sand club, sap, sandbag (Def: 16760) 22410 F Shuriken (Def: 17200) 24710 F Wallet gun (Def: 17330) 30210(a) M Flechette dart (Def: 16570) 33600 F Zip gun (Def: 17360) POSSESSION 17500 M Possession of a deadly weapon with intent to assault 17510(a)(3) M While picketing or concerted refusal to work, carries a deadly weapon 20170(a) I/M Openly display or expose imitation firearm 22610(b) M Possession, purchase, use a stun gun - person addicted to any narcotics Require all handguns left inside an unattended vehicle to be kept in a locked container and out of plain 25140 I view, locked in the trunk, or locked in a container that is permanently affixed to the vehicle’s interior and
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not in plain view. This section does not apply to a peace officer during circumstances requiring immediate aid or action that are within the course of his or her official duties. This section applies to law enforcement who are off-duty. 25300(a) M Criminal possession of a firearm while masked 25400(a)(2) M Carry a concealed firearm - upon a person 25850(a) F/M Loaded firearm in public (person or vehicle) 26350(a)(1) F/M Carry exposed unleaded handgun outside of vehicle 26350(a)(2) F/M Carry exposed unleaded handgun inside or on vehicle (A) Handgun and ammunition for the handgun in immediate possession. (B) Not in 26350(b)(2) M lawful possession of the handgun. Openly carry unloaded handgun inside or on a vehicle, whether or not on his/her 26350(a)(2)(B) F/M person, while in or on a public street in a prohibited area of an unincorporated area of a county or city and county Openly carry unloaded handgun inside or on a vehicle, whether or not on his/her 26350(a)(2)(C ) F/M person, while in or on a public place in a prohibited area of a county or city and county Firearms Lending Loaning of a firearm may only be made to a family member and the firearm cannot be loaned for more than 27880 M thirty days in duration. If the firearm is a handgun, the handgun being loaned must be registered to the person loaning the handgun. Family member are defined as spouses, registered domestic partners, parents, children, siblings, and grandchildren, whether related by blood, adoption, or step-relation. 29800(a)(1) F Ex-felon with a firearm 29800(b) F Ex-felon of violent crimes owns, or possess firearm
Convicted of certain misdemeanor within 10 years - owns/possesses/receives/purchases a firearm: PC…. 71: Preventing educational officer 243.4: Sexual battery, restrained 76: Threatening a public official 244.5: Assault w/stun gun 136.1: Dissuading A Witness 245: ADW 136.5: Dissuading a witness w/DW 245.5: ADW, school employee 140: Threatening witness (testified) 246.3: Gross negligent discharge 148(d) : Deprive/Remove of PO firearm 247: Discharge at an unoccupied Aircraft 29805 M/F 148.5: False Report of Stolen Firearm 273.5: Felony spousal assault 171b: Poss. of firearm at public meeting 273.6: DV Restraining Order 171c (a)(1): Loaded firearm, Capitol 417: Brandishing 171d: Loaded firearm, Gov. Mansion 417.6: Brandishing, GBI 186.28: Provide firearm for felony act 422: Criminal threats 240: Assault 626.9: Gun Free School Zone 241: Assault, certain persons 646.9: Stalking 242: Battery 830.95: Picketing with PO uniform 243: Battery, certain persons 29815(a) F Condition of probation - owns, possess, controls, receives or purchases a firearm Cannot own or possess firearm until age 30 if meets requirements (Juvenile tried as 29820(b) M an adult) 29900(a)(1) F Felony possession of a firearm, prior conviction 29900(b)(1) F Felony possession of a firearm, prior adult conviction for juvenile 30605(a) F Possession of an assault weapon (Def: 30510) 30610(a) M Possession of a .50 BMG (Def: 30530) 30720 F Possession of an SKS rifle (Def: 30710) 31360(a) F Felon with body armor (Def: 16288) Purchase or receive a handgun without a valid handgun safety certificate (Def: 31615(a)(1) M 16530/16640: ) 33210 M Short barreled shotgun/rifle - handgun and firearms 33215 F Short-barreled rifle, short-barreled shotgun (Def: 17170) 33410 F Possession of a silencer (Def: 17210) SALES/ FURNISHING 17505 M Unlawful advertisement and sale of a firearm
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19915(a) M BB device to minor without parental consent: Furnish Knowledge of change, alteration, removal, obliteration of mark or identification - buys, 23920 M receives, disposes of, sells, offers to sell any pistol, revolver or other firearm 26500(a) M Sell, lease, transfer firearms without license Knowingly sell, supply, deliver, give possession or control of a firearm within class 27500(a) M prohibited Sell, supply, deliver, give possession or control of a firearm to someone who has 27500(b) M cause to believe they are class prohibited Sell, loan or transfer a firearm to anyone who knows or cause to believe is not the 27515 M actual purchasee or transferee Acquire firearm for purpose of selling, loaning, or transferring with no license or 27520 M mandated requirements met 27530 M Sell or transfer a handgun without manufacturer's and DOJ's information Furnish or register fictitious name or address or knowingly give incorrect information 28210(b) M or omitting required information Furnish or register fictitious name or address or knowingly give incorrect information 28215(b) M or omitting required information electronic or telephonically Supplies, delivers, or gives ammunition to a minor who is prohibited from possessing 30300(a)(3) M that ammunition Supplies, delivers, sells or gives ammunition to a person prohibited from possessing 30306(a) M ammunition 30600(a) F Transport, import, manufacture assault weapon/.50 BMG Sell, deliver, loan or transfer a handgun to a person who does not have a valid 31615(a)(2) M handgun safety certificate Alters, counterfeits, or falsifies a handgun safety certificate or uses or attempts to use 31620(b) M altered, counterfeited, or falsified handgun safety certificate to purchase a handgun STORAGE 25100(a) F Criminal storage of a firearm of the 1st degree 25100(b) M Criminal storage of a firearm of the 2nd degree STUN GUNS 22610(b) I Possession, purchase, use a stun gun - person addicted to any narcotics 22615(a) I Each stun gun shall have the name of manufacturer stamped on stun gun 22615(b) I Each stun gun shall have the serial number applied by the manufacturer 22625(a) I Each stun gun sold shall be accompanied by an instructional booklet 244.5(a)-(d) M/F Assault with stun gun/TASER VEHICULAR While picketing or concerted refusal to work carries concealed on his person or within 17510(a)(1) M a vehicle any pistol, revolver, or other firearm capable of being concealed While picketing or concerted refusal to work carries a loaded firearm or within any 17510(a)(2) M vehicle 25400(a)(1) M/F Carry a concealed firearm - vehicle driver 25400(a)(3) M/F Carry a concealed firearm - vehicle occupants 26100(a) M Driver/owner permit another person to bring or carry a firearm in vehicle 26100(b) F Driver/owner allows someone to discharge a firearm from the vehicle Driver/owner allows someone to discharge a firearm at a person who is not an 26100(c) F occupant of the vehicle. 26100(d) F Maliciously discharged a firearm from a motor vehicle.
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TRAFFIC ENFORCEMENT
The California Vehicle Code is no longer available on the DMV website. Please refer to California Legislative Information to view the California Vehicle Code.
SUBJECT PAGE # BICYCLE CODES 151 BOATS 171 COUNTY SEAT CITATIONS 144 DMV CODES 145 DUI ENFORCEMENT 163 EQUIPMENT CODES 148-149 HOVERBOARD LAWS 155 IMPOUND/STORAGE AUTHORITIES 175 LICENSE PLATES REPORTS 180 MOTORCYCLE CODES 150 MOVING CODES 146 PARKING CODES 147 PEDESTRIAN LAWS 153 RAILROAD CROSSINGS 157 SEATBELTS AND CHILD SEATS 154 SPECIAL VEHICLES (COMMERCIAL) 159 STREET RACING AND SMOG 160 TINT LAWS 145 TRAFFIC COLLISION INVESTIGATIONS 182 TRANSIT CODES 158 VEHICLE THEFT LAWS 156
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CITATIONS TO THE COUNTY SEAT
LOS ANGELES COUNTY SHERIFF’S DEPARTMENT INDEXED BRIEFING Traffic Services Detail (323) 590-5400 Volume 2008, Issue 2, Issue Date: December 31, 2008
PURPOSE The purpose of this indexed briefing is to establish uniform and proper procedures to be followed when a person that is issued a citation makes a request to be cited to the county seat.
AUTHORITY Vehicle Code Section 40502(b) states, that upon demand of the person arrested, the place specified in the notice to appear citation shall be before a judge or other magistrate having jurisdiction of the offense at the county seat of the county in which the offense is alleged to have been committed. This subdivision applies only if the person arrested resides, or the person's principal place of employment is located, closer to the county seat than to the magistrate nearest or most accessible to the place where the arrest is made.
REQUIREMENTS The majority of defendants request an appearance to the county seat with the impression that the issuing deputy will not appear in court if they contest the citation. The defendant’s demand for a change of venue must be done at the time they receive the citation. The statute requires that a defendant do more than simply demand that his trial be transferred to the county seat. The requirement for requesting the county seat is that the person lives or their primary place of employment is closer to the location of the county seat than the court having jurisdiction at the location where the violation occurred. It shall be at the discretion of the deputy issuing the citation when determining the residence or place of employment based upon the reasonableness of the evidence or information presented by the defendant at the time the citation is issued.
PROCEDURES After the deputy has determined where the defendant lives and works, he shall provide the location of the county seat to the defendant that would apply to these two locations. If the defendant continues to request a change of venue to the county seat, the deputy shall indicate on the citation the name, address and telephone number of the county seat court. The court date should be set one calendar month from the date of the citation.
COUNTY SEAT LOCATIONS The following courthouses are all located within the boundaries of the City of Los Angeles. Requests for appearance to the “County Seat” may be set in any of these locations.
WEST LOS ANGELES COURT VAN NUYS COURT (WEST) 1633 Purdue Avenue 14400 Erwin Street Mall Los Angeles, Ca. 90025 METROPOLITAN COURT Van Nuys, Ca. 91401 (213)742-1884 1945 S. Hill Street (213)742-1884 Los Angeles, Ca. 90007 CHATSWORTH COURT (213)742-1884 SAN PEDRO COURT 9425 Penfield Avenue 505 S. Centre Street Chatsworth, Ca. 91311 San Pedro, Ca. 90731 (213)742-1884 (310)519-6016
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--- DMV SERVICE CODES --- LISTED BELOW ARE THE CODES DMV USES TO INDICATE THE TYPE OF SERVICE (NOTICE) GIVEN TO AN INDIVIDUAL REGARDING HIS/HER SUSPENDED OR REVOKED DRIVER’S LICENSE STATUS: CODE DESCRIPTION CODE DESCRIPTION Mailed, not returned, A H Acknowledged, no signature unclaimed B Served, signed letter on file. I Returned, unclaimed Served, signed receipt C J Written notice served by officer. returned. Personal service document on D K Refused. file. Personal service by court or E L Reported Deceased. law enforcement agency Personal service by public Verbal notice by court, DMV, or law enforcement F M institution. agency Personal service by penal G N Suspension, returned unclaimed. institution. CAN ARREST / All others can arrest w/verbal knowledge
CALIFORNIA TINT LAW HOW DARK CAN WINDOW TINT BE IN CALIFORNIA? Darkness of tint is measured by Visible Light Transmission percentage (VLT %). In California, this percentage refers to percentage of visible light allowed in through the combination of film and the window. Windshield Non-reflective tint is allowed on the top 4 inches of the windshield. Front Side Windows Must allow more than 88% of light in. Back Side Windows Any darkness can be used. Rear Window Any darkness can be used. HOW REFLECTIVE CAN THE TINT BE IN CALIFORNIA? Similar to sunglass lenses, some tinting films contain metallic elements that help in reflecting incoming light and reducing the glare and heat generated by visible light. Front Side Windows Must not be more reflective than a standard window. Back Side Windows Must not be more reflective than a standard window. OTHER CALIFORNIA RULES AND REGULATIONS Restricted Colors The tint color(s) of RED, AMBER, or BLUE are not legal by state law. Side Mirrors Dual side mirrors are required if back window is tinted. Certificate Requirements Manufacturers of film do NOT need to certify the film they sell in the state. Sticker Requirements No sticker to identify legal tinting is required. State law does NOT allow medical exemptions that would allow you use special Medical Exemption tint. 26708.5(a) No person shall place, install, affix, or apply any transparent material upon the windshield, or side or rear windows, of any motor Cite for: vehicle if the material alters the color or reduces the light transmittance of the windshield or side or rear windows, except as provided in subdivision (b), (c), or (d) of Section 26708.
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COMMON MOVING VIOLATIONS (ALL CVC) STOP Fail to stop at stop sign/limit line, 22450(a) Unsafe stopping, 22109 Schoolbus Meeting and Passing, 22454(a) TRAFFIC LIGHTS Fail to obey any other signal, 21462 Inoperative signal, fail to stop, 21800(d) Fail to stop at red (solid) signal, 21453(a) Railroad signal, disobey, 22451 (b) Flashing Red, Fail to stop, 21457(a) Red Arrow, Fail to stop for, 21453(c) Green Arrow, drive straight, 21451(b) Right turn on red without stop, 21453(b) TURNING/U-TURN Slow vehicle stay to right 21654(a) Do not enter sign, 21461(a) Turn required/prohibited disobey, 22101(d) Enter HWY without yielding, 21804(a) Unsafe turning movement 22107 Impede traffic 22400(a) Unsafe starting/backing 22106 Left turn not from left lane, 22100(b) U-turn in business district, 22102 Left/U-turn in front of oncoming traffic, 21801(a) U-turn not from left lane, 22100.5 No U-turn sign, 21461(a) U-turn when unsafe in res area, 22103 Right turn not from right lane, 22100(a) U-turn where poor vision (<200), 22105 Slow vehicle turnout w/5+ follow 21656 Yield Sign, 21803(a) CROSSING/PASSING Cross double yellow into HOV, 21655.8 Drive over 2 double yellow, 21651(a)(1) Drive left of center lane, 21460(a) Drive over painted divider, 21651(a)(2) Drive on wrong side of road, 21650 Pass on double yellow, 21460(a) LANE CHANGING/ ENFORCEMENT Carpool lane violation, 21655.5(b) Straddling lanes, 21658(a) Lane when practical, 21655(b) Trucks, vehicle with trailer use right 21655(a) Merge lane viol(200+), 21460.5 Unsafe lane change, 21658(a) Private Vehicle In Bus Lane, 21655.1 SPEED ENFORCEMENT Engage in speed contest, (M) 23109(a) Exceed safe speed (basic speed), 22350 Exceed 55, 2 lane road, 22349(b) Exhibition of speed, (M) 23109(c) Exceed 65 max limit, 22349(a) Help with speed contest, (M) 23109(b) Exceed 65, Multi lane road, 22349.5(a) Reckless Driving, (M) 23103(a) Exceed 70 max limit, 22356(b) Tailgating, follow too close, 21703 PEDESTRIAN / CROSSWALK Crosswalk, fail to yield to pedestrian, 21950(a) Pedestrian in crosswalk, run in front of vehicle 21950(b) Fail to yield to pedestrian in crosswalk 21950(a) Pedestrian outside of crosswalk 21954(a) Hitchhiking 21957 Pedestrian, fail to obey sign or signal 21461.5 Jaywalking 21955 Pedestrian, walk in bicycle lane 21966 Passing vehicle stopped for pedestrians 21951 Stop in crosswalk at signal, 21453(a) Ped. facing “Don’t walk”/”Wait”, fail to obey 21456(b) Stop in crosswalk, at stop sign, 22450(a) TRAFFIC OFFICER/EMERGENCY VEHICLE Cone pattern disobey, 21367(c) Fail to yield to emergency vehicle, 21806(a) Drive over fire hose, 21708 Flare pattern/cones at emergency, 2818 Fail to obey officer, (M) 2800 Follow emergency vehicle, within 300’, 21706 BLOCKING INTERSECTIONS
Block Intersection impede, 22526 Block intersection straight, 22526(a) Block intersection curved, 22526(b)
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COMMON PARKING VIOLATIONS I/C CVC 21113 (A) NO PERMIT I/C CVC 21113 (A) INVALID PERMIT I/C CVC 21113 (A) EXPIRED METER PERMIT I/C CVC 21113 (A) COUNTERFEIT/ALTERED PERMIT I/C CVC 21113 (A) USE OF LOST/STOLEN PERMIT I/C CVC 21113 (A) TIMED ZONE VIOLATION I/C CVC 21113 (A) VIOLATION OF POSTED SIGNS I/C CVC 21113 (A) RESERVED SPACE/AREA I/C CVC 21113 (A) UNDESIGNATED AREA I/C CVC 21113 (A) HANDICAPPED ZONE I/C CVC 21113 (A) RED CURB I/C CVC 21113 (A) FIRE HYDRANT / LANE I/C CVC 21113 (A) NOT FRONT FIRST I/C CVC 21113 (A) PARKED OVER STALL LINE I/C CVC 21113 (A) PASSENGER LOADING ZONE I/C CVC 21113 (A) CAMPING IN VEHICLE I/C CVC 21113 (A) REPAIR OF VEHICLE I/C CVC 21113 (A) MORE THAN 1 VEHICLE I/C CVC 21113 (A) IMPROPER DISPLAY OF PRMT I/C CVC 21113 (A) FAILURE TO DISPLAY PRMT I/C CVC 21113 (A) BIKE IMPOUND FEE I/C CVC 22500 (A) INTERSECTION I/C CVC 22500 (B) CROSSWALK I/C CVC 22500 (E) DRIVEWAY I/C CVC 22500 (F) SIDEWALK I/C CVC 22500 (G) OBSTRUCTING TRAFFIC I/C CVC 22500 (H) DOUBLE PARKING I/C CVC 22500 (I) BUS ZONE I/C CVC 22502 (A) RT OVER 18 IN. FR CURB I/C CVC 22502 (E) LT OVER 18 IN. FR CURB CURB PARKING, on right, and/or within 18 inches of curb, or motorcycle, one wheel at curb. Except one-way I/C 22502a street. I/C 22502e ONE-WAY STREET, parallel parking on left within 18 inches except on divided highway. I/C 22504a STOPPING OR PARKING, roadway outside city limits. I/C 22505b STOPPING, PARKING, OR STANDING, state highway where signposted. DISABLED PERSONS PARKING, parking in stall indicated by signs and markings unless displaying plate or I/C 22507.8a placard. Where snow or ice obscures markings, signs are sufficient. I/C 22507.8b DISABLED PERSONS PARKING, obstructing, blocking, or barring access. DISABLED PERSONS PARKING, straddling lines marking boundary of stall (including disabled person’s I/C 22507.8c1 vehicle). LOADING AND UNLOADING, parking within space marked by crosshatches (includes disabled person’s C 22507.8c2 vehicle). I/C 22510a PARKING IN SNOW REMOVAL AREAS, when prohibited or restricted and signposted by local jurisdiction. I/C 22510c PARKING IN SNOW REMOVAL AREAS, when restricted and signposted by Caltrans. M 22513b TOW TRUCK, stopping to solicit when not summoned to render assistance. M 22513c TOW TRUCK, unauthorized towing. I/C 22514 FIRE HYDRANT, parking unattended vehicle within 15 feet. I/C 22515a UNATTENDED MOTOR VEHICLE, motor running and/or brakes not set. I/C 22515b UNATTENDED NONMOTOR VEHICLE, chock wheels or set brakes. I 22516 LOCKED DOORS, parked vehicle with person who cannot escape. I 22517 VEHICLE DOORS, opening to traffic when unsafe, leaving open. I/C 22518 PARK AND RIDE LOT, loiter, camp, vend, or park vehicle 30 or more feet in length. SOLICIT, DISPLAY, SELL, OR VEND PROHIBITED, within freeway right-of-way, or within 500 feet of on/off I/M 22520.5a ramps. I/C 22522 SIDEWALK ACCESS RAMP, parking within 3 feet. Adjoining area must be signed or painted red. I 22523a ABANDONMENT OF VEHICLE, prohibited on highway. I 22523b ABANDONMENT OF VEHICLE, prohibited on public or private property. I 22526a ANTI-GRIDLOCK, entering intersection or marked crosswalk with insufficient space to proceed through. I 22526b ANTI-GRIDLOCK, entering intersection for turning movement with insufficient space to proceed through ANTI-GRIDLOCK, entering a railroad or rail transit crossing without sufficient undercarriage space to I 22526c accommodate the vehicle without obstruction of railway vehicles. ANTI-GRIDLOCK, entering a railroad or rail transit crossing without sufficient space on other side to I 22526d accommodate vehicle. I 22500 Stop, Park, or Leave a Vehicle on a Public Transit Bus Lane,
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LICENSE PLATE: Front Lic. Plate Req. MUSIC CVC 5200(a) Loud Music 50’ or More Securely Attached/Visible CVC 27007 THERE IS NO CVC 5201 Headphones While Driving (Both ears) Expired Reg. Tabs CVC 27400 SUCH THING CVC 4000(a)(1) AS PC TO STOP
Counterfeit Tabs/Stickers/Plates SMOKING. HS 1189476 et seq. bars smoking in a A VEHICLE - CVC 4463(a)(1) Add charge: motor vehicle when a minor (17 years old and under) is -472 PC (F) if CA Seal is used present. CANNOT STOP A VEHICLE SOLELY TO YOU ONLY DETERMINE WHETHER A DRIVER IS VIOLATING AND tab is counterfeit THIS PROVISION. NEED RC -496 PC (M) if tabs are stolen License Plate Altered/Displayed SEATBELTS CVC 4464 CVC 27315(d)(1) – Driver, +16 Rear License Plate Req. Side Exhaust, Max: 2’11” CVC 27315(e) - Pass., +16 CVC 27152 CVC 5200(a) CVC 27315(e) - Owner Exhaust, Excess Noise License Plate Cover CVC 27360(a) - Child seat -8 Driver CVC 27150(a) CVC 5201(f) CVC 27315(b) - Child seat -8 Parent Exhaust, Modified License Plate Frame CVC 27360.5(a) - +8 - -16, (b) Parent CVC 27151(a) CVC 5201(g) Exhaust, Excess Tabs Attached to Rear Plate Mirrors Req./2 CVC 27153 CVC 5204(a) CVC 26709(a) License Plate Wht. Light Req. CVC 24601
Gas Cap Req. CVC 27155
Max. Frame Height CVC 24008/24008.5 (a) 23”: Pass. Cars 27”: 4,500 GVWR 30”: 4,500-7,500 GVWR 31”: 7,500-10,000 GVWR Max. Height 14’ CVC 35350(a) EX: Double Decks 14’3” CELL PHONES CVC 23123 Using wireless device, w/out hands-free CVC 23123.5 Texting, Windshield Obstructed holding wireless device, CVC 26708(a)(1) etc. Driver’s View Obstructed CVC 23124 Using CVC 26708(a)(2) wireless device, minor Defective Windshield/Rear Window Max. Tire Width 108” CVC 26710 Possession of CVC 35101 Tinted Windows FELONY Shopping/Laundry Cart CVC 26708.5(a) Lights on Tire Valves B&P 22435.2 GPS Placement, 7sq Driver, 5sqPass. CVC 24003 NOT CORRECTABLE CVC 26708(b)(12) Bald Tires Windshield Obstructed CVC 27465(b) CVC 26708(a)(1) Driver’s View Obstructed CVC 26708(a)(2) TOWING Defective Windshield/Rear Window Chain/Cable/Device Required CVC 26710 CVC 29004(a)(1) Tinted Windows Sufficient Strength/Prevent Dislodging CVC 26708.5(a) CVC 29004(b) Possession of Milk Crate: GPS Placement, 7sq” Driver, 5 Pass. Not Coupled to Hitch 565 PC/M, 566 PC/F. <$950 CVC 26708(b)(12) CVC 29003(a)
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Load Projections: Rear Load: 2/3 Beyond Last point of Support i.e.: 15’ Wheelbase=10’ Max. CVC 35410 Lights: Back of Truck, Driver Front Load: Max. 3’ CVC 23116(a) CATCH ALL/GWO: CVC 24252(A) Ex: Car Carriers, 4’ Back of Truck, Pass. Two Req.: CVC 24400(a) CVC 35406(a) CVC 23116(b) Passenger Vehicles Four Max.: CVC 24405(a) 0” Left of Fenders/6” Right of Fenders Failure to Dim (Oncoming, 500ft):CVC CVC 35111 24409(a) Red/Orange Flag/Cloth / Red Lights Failure to Dim (Behind, 300ft):CVC 24409(b) Over 4’ CVC 24604 Lights Not on During Darkness: CVC 24250 Triangles Req. on Vehicles 80’+ Fog Lamps w/Low Beans: CVC 24402(a) Tractors all times/Disabled in Darkness Substitute: CVC 24003 CVC 25300(a) 24411 Off Road Lamps/Req. Covers: CVC Dropping/Shifting/Leaking/Blowing/Spilling/Esc 24411 aping Ex: Clear Water, Feathers (live), loose hay from Headlamps White/Yellow: CVC 25950(a), baled. Fog: 25950(a)(2) CVC 23114(a) Headlamps Height/Max: 54”, Min: 22”: CVC 102” Max. Vehicle or Load 24400 CVC 35100(a) EX: CVC 35102 - Loosely Piled Agricultural Products 120” Illegal Lights on Hood: CVC 24003 EX: CVC 35104 - Special Equipment 122” EX: CVC 35109 - Mirrors 122” Lights under Vehicle: CVC 25400(a) EX: CVC 35110 - Handles, Binders, 3” each side
Modified Engine Load Projections: CVC 27156(b) Rear Load: 2/3 Beyond Last point of Support
i.e.: 15” Wheelbase=10” Max. CVC 35410 Front Load: Max. 3” Ex: Car Carriers, 4” CVC 35406(a) Passenger Vehicles 0” Left of Fenders/6” Right of Fenders Back of Truck, Driver CVC 35111 CVC 23116(a) Red/Orange Flag/Cloth / Red Lights Back of Truck, Pass. Over 4” CVC 23116(b) CVC 24604 CELL PHONES Triangles Req. on Vehicles 80”+ CVC 23123 Using wireless Tractors all times/Disabled in Darkness device, w/out hands-free CVC 25300(a) CVC 23123.5 Texting, holding wireless device, Dropping/Shifting/Leaking/Blowing/Spilling/Escaping Rear Lights etc. FELONY Ex: Clear Water, Feathers (live), loose hay from baled. Fender/Mudguard Req. Back-Up Lights Req. CVC 23124 Using wireless NOT CORRECTABLE CVC 23114(a) CVC 27600 device, minor CVC 24606(a) Back-Up Shall be White CVC 25950(b)(4) Lights, GWO CVC 24252(a) Tail Lights, 2 Req. CVC 24600(b) Tail Lights, Red CVC 24600(e) Brake Lights, 2 Req. CVC 24600(b) Brake Lights, Red CVC 24603(e) Turn Signals, Yellow/Red CVC 24953(a) Modified Equipment CVC 26101
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VEHICLE CODE SECTIONS PERTAINING TO MOTORCYCLES ***ALL INFRACTIONS UNLESS ANNOTATED OTHERWISE***
27150(a)(b) Loud Exhaust
THERE IS NO SUCH 28050.5 Odometer Req. 24607(a) One red THING AS PC TO STOP A MOTORCYCLE - YOU reflector to the 27000(a) Horn 26709(a) One mirror ONLY NEED RC rear, visible 350’ Req., audible 200’ req. on left side
24603(a) Stop 26101(b) lamp Req. 27155 Fuel Cap Req. Modified 24600(a)(e) Red Lighting use tail lamp req. upon highway during darkness and visible 25650 Headlamp on 24951(b)(4) Front during and Rear turn darkness signals req. after 1973 25650.5 5201 Lic. Plate Headlamp properly req. at all mounted and times engine visible is running (Post 1978) 24601 Lic. Plate light required and visible in 25251.2 darkness. Headlamp modular allowed 27465(b)(1) Tire Depth: Min. of 1/32” during daylight 27800 Passenger 26311(a) Working brakes req. / See behind driver, on seat code for exemptions and able to use
footrest designed for 26453 All brakes must work passengers.
27801(a)(b) Rider must be able to touch ground with feet. Handlebars positioned so that hands of rider when seated on bike are no more than 6” above shoulder height.
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VEHICLE CODE SECTIONS PERTAINING TO BICYCLES ***ALL INFRACTIONS UNLESS ANNOTATED OTHERWISE*** Under the Influence (M) CVC 21200.5 Sitting Position 21204(a) Operator must ride astride an Handlebars attached, permanent, and regular seat, unless the bicycle CVC 21201(b) was designed by the (b) Handlebars no higher manufacturer to be ridden than operator’s shoulder, without a seat. Carrying Articles 21205 21204(b) passenger must sit White Headlamp Req. /Darkness must have one hand free astride a separate, attached CVC 21201 seat. If 4 years or younger or for use on handlebars. (d) (1) white headlamp visible for 300 feet, 40 lbs. or less, seat shall retain passenger in place and protect (e) A white headlamp attached to the from moving bicycle parts. operator visible for 300’.
Red Reflector/ Darkness CVC 21201(d)(2) red reflector on rear visible for 500 feet.
Brakes CVC 21201(a) (a) single-wheel brake required.
Possession of Milk Crate: 565 PC/M, 566 PC/F. <$950
Ground Support /CVC 21201 (c) operator must be able to safely stop and be able to support cycle in upright position with one foot on ground.
Pedal/Shoe Reflector On Sides Darkness Reflector On Front/Rear/ Darkness CVC 21201(d) (3) white or yellow reflector on each CVC 21201(d)(4) either two white or yellow side pedal visible for 200 feet, or may be worn on a shoe reflectors to the front and two white or red side or an ankle as an option to the pedals. reflectors to the rear, or reflectorized tires front and rear. Helmets 21212a Use required by bicyclists, skateboarders, nonmotorized scooters, skaters THERE IS NO SUCH (including rollerblades) and passengers under 18 years. THING AS PC TO Helmets must meet either ASTM STOP A BICYCLE - or CPSP standard, and be YOU ONLY NEED RC properly fitted and fastened.
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VEHICLE CODE SECTIONS PERTAINING TO BICYCLES ***ALL INFRACTIONS UNLESS ANNOTATED OTHERWISE***
COMMON MOVING VIOLATIONS 21202a OPERATE AT RIGHT-HAND CURB or right-hand edge of roadway, except may operate at left-hand curb or left-hand edge on one-way highway with two or more lanes. Other exceptions for passing, preparing for left turn, and avoiding unsafe conditions. 21203 HITCHING RIDE ON OTHER VEHICLE, hanging on to streetcar or other motor vehicle. 21208a BICYCLE LANE, must use lane when marked (refer to code for exceptions). 21208b UNSAFE MOVEMENT, from bicycle lane. Bicyclist shall not leave bike lane until reasonably safe. 21210 PARKED BICYCLE, impeding pedestrian traffic prohibited. 21211a BICYCLE LANES, CLASS I, person stopping, standing, sitting, and loitering prohibited if bicyclist movement is impeded. Also see Sections 23127, 21968, and 21116 VC. 21211b BICYCLE LANES, CLASS I, place or park any bicycle, vehicle, or object if bicyclist movement is impeded.
MOTORIZED BICYCLES 23135 MODIFIED MOTORIZED BICYCLES, operating when modified. 23330b VEHICULAR CROSSING, unauthorized use. 24015a MOTORIZED BICYCLE EQUIPMENT REQUIREMENTS, headlamp, taillamp, stoplamp, side/rear reflectors, and adequate brakes. 24015b MOTORIZED BICYCLE EQUIPMENT REQUIREMENTS, mirror, horn, and muffler. 24016a ELECTRIC MOTORIZED BICYCLE, (1) comply with equipment and manufacturing requirements for bicycles, or requirements for motor driven cycles, and (2) electric motor disengages when brake is applied, or switch mechanism is released. 24016b(1) ELECTRIC MOTORIZED BICYCLE, operator must wear bicycle helmet meeting requirements of Section 21212. 24016b(4) ELECTRIC MOTORIZED BICYCLE, operator must be 16 years of age or older. 24016c ELECTRIC MOTORIZED BICYCLE, modification to increase speed prohibited. 39002a UNLICENSED BICYCLE, when licensing required 39002b REGISTRATION FORMS OR I.D. NUMBERS, destroy, alter, or mutilate. 39008a. SALE, failure to notify licensing agency within 10 days 39008b SALE, failure of new owner to apply for transfer of license. 39009a ADDRESS CHANGE, failure of owner to apply for address change within 10 days. 39009b LOST, STOLEN, OR MUTILATED INDICIA OR REGISTRATION FORM, failure to immediately notify licensing agency, or apply for duplicate within 10 days.
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PEDESTRIAN LAWS
SELECTED DEFINITIONS CVC §110. "Alley" is any highway having a roadway not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property; provided, that the City and County of San Francisco may designate by ordinance or resolution as an "alley" any highway having a roadway not exceeding 25 feet in width. CVC §275. "Crosswalk" is either: (a) That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street. (b) Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local authorities have placed signs indicating no crossing. CVC §365. An "intersection" is the area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways, of two highways which join one another at approximately right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. CVC §467. (a) A "pedestrian" is a person who is afoot or who is using any of the following: (1) A means of conveyance propelled by human power other than a bicycle. (2) An electric personal assistive mobility device. (b) "Pedestrian" includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian, as specified in subdivision (a). CVC §530. A "roadway" is that portion of a highway improved, designed, or ordinarily used for vehicular travel.
SELECTED PEDESTRIAN LAWS Infraction unless noted otherwise CVC §21453(b) CVC – Right Turn on Red Light – [Summary, not verbatim] A driver, after stopping for a steady circular red signal, may turn right. However, the driver shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to traffic using the cross street. 21456 CVC – Walk, Wait, or Don’t Walk - Whenever a pedestrian control signal showing the words "WALK" or "WAIT" or "DONT WALK" or other approved symbol is in place, the signal shall indicate as follows: "WALK" or approved "Walking Person" symbol. A pedestrian facing the signal may proceed across the roadway in the direction of the signal, but shall yield the right-of-way to vehicles lawfully within the intersection at the time that signal is first shown. (b) Flashing or steady "DONT WALK" or "WAIT" or approved "Upraised Hand" symbol. No pedestrian shall start to cross the roadway in the direction of the signal, but any pedestrian who has partially completed crossing shall proceed to a sidewalk or safety zone or otherwise leave the roadway while the "WAIT" or "DONT WALK" or approved "Upraised Hand" symbol is showing. 21950(a) CVC – Right-of-Way at Crosswalks - The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter. (b) The provisions of this section shall not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard. No pedestrian shall unnecessarily stop or delay traffic while in a marked or unmarked crosswalk. (c) The provisions of subdivision (b) shall not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection. 21951 CVC – Vehicles Stopped for Pedestrians - Whenever any vehicle has stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle. 21952 CVC. The driver of any motor vehicle, prior to driving over or upon any sidewalk, shall yield the right-of-way to any pedestrian approaching thereon. 21953 CVC. Whenever any pedestrian crosses a roadway other than by means of a pedestrian tunnel or overhead pedestrian crossing, if a pedestrian tunnel or overhead crossing serves the place where the pedestrian is crossing the roadway, such pedestrian shall yield the right-of-way to all vehicles on the highway so near as to constitute an immediate hazard. This section shall not be construed to mean that a marked crosswalk, with or without a signal device, cannot be installed where a pedestrian tunnel or overhead crossing exists. 21954(a) CVC – Pedestrians Outside Crosswalk - Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard. (b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway. 21955 CVC – Crossing Between Controlled Intersections - Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk. 21956 CVC. No pedestrian shall walk upon any roadway outside of a business or residence district otherwise than close to his left- hand edge of the roadway. 21964 CVC. No person, other than those totally or partially blind, shall carry or use on any highway or in any public building, public facility, or other public place, a predominantly white cane (with or without a red tip). 647c PC. Every person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place or on or in any place open to the public is guilty of a misdemeanor. -http://www.legal-news-california.tozerlaw.com/jaywalking_laws_california.html
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SEAT BELTS AND CHILD CAR SEATS
Age 16+: 27315(d)(1) CVC You may cite the driver and/or only the passenger for a violation of this section, which is an infraction, even if it is the only violation you discover.
Age 0 - 2: Children under that age of two years must travel in the rear seat secured in a rear-facing child passenger restraint system, unless the child weighs 40 or more pounds or is 40 or more inches tall (27360(a) CVC (Driver), 27360(b) (Parent)).
Age 3 - 8: Every child under the age of eight transported upon a highway in a motor vehicle, as defined, must travel in the rear seat secured in a child passenger restraint system that meets applicable federal motor vehicle safety standards. (27360(a) CVC (Driver), 27360(b) (Parent)). Numerous exceptions are listed in section 27363 CVC.
Age 8 - 15: Every child transported upon a highway in a motor vehicle, as defined, must be secured in a child passenger restraint system or safety belt. ((27360(a) CVC (Driver), 27360(b) (Parent)).)
Note that the driver is responsible for compliance with the requirements of sections 27360 and 27360.5, unless the child’s parent or guardian is also present in the vehicle but not driving. In such a situation, the parent or guardian is responsible, rather than the driver. If you reasonably suspect that a child riding in a vehicle is not properly restrained in violation of Section 27360 or 27360.5, you may stop the vehicle and issue a notice to appear. (Veh. Code, § 27361.)
Pickup Trucks and Non-Passenger Areas (All Vehicles) (Veh. Code, §§ 23116, 21712) No person driving a pickup truck or flatbed motor truck on a highway shall transport any person in or on, and no person shall ride in or on, the back of the truck unless that person is secured with a federally approved restraint system, except in emergencies, in slow parades supervised by law enforcement, or in vehicles owned by farmers or ranchers being used exclusively on their own lands. (Veh. Code, § 23116.) No driver of any vehicle shall permit a person to ride on or in any portion of the vehicle not designed or intended for passengers. The driver and the passenger are both citable if the passenger is riding in the trunk of a car. (Veh. Code, § 21712.)
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ELECTRICALLY MOTORIZED BOARD / HOVERBOARD
313.5 CVC An “electrically motorized board” is any wheeled device that has a floorboard designed to be stood upon when riding that is not greater than 60 inches deep and 18 inches wide, is designed to transport only one person, and has an electric propulsion system averaging less than 1,000 watts, the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 20 miles per hour. The device may be designed to also be powered by human propulsion.
21291 CVC An electrically motorized board shall be operated only by a person who is 16 years of age or older.
21292 CVC A person shall not operate an electrically motorized board upon a highway, bikeway, or any other public bicycle path, sidewalk, or trail, unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212.
21293 CVC (a) Every electrically motorized board operated upon a highway during darkness shall be equipped with all of the following: (1) Except as provided in subdivision (b), a lamp emitting a white light that, while the electrically motorized board is in motion, illuminates the highway in front of the operator and is visible from a distance of 300 feet in front of the electrically motorized board. (2) Except as provided in subdivision (c), a red reflector on the rear that is visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. (3) Except as provided in subdivision (d), a white or yellow reflector on each side that is visible from a distance of 200 feet from the sides of the electrically motorized board. (b) A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of 300 feet in front of the electrically motorized board, may be used in lieu of the lamp required by paragraph (1) of subdivision (a). (c) A red reflector, or reflectorizing material meeting the requirements of Section 25500, attached to the operator and visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle, may be used in lieu of the reflector required by paragraph (2) of subdivision (a). (d) A white or yellow reflector, or reflectorizing material meeting the requirements of Section 25500, attached to the operator and visible from a distance of 200 feet from the sides of the electrically motorized board, may be used in lieu of the reflector required by paragraph (3) of subdivision (a).
21294 CVC (a) Electrically motorized boards shall only operate upon a highway designated with a speed limit of 35 miles per hour or less, unless the electrically motorized board is operated entirely within a designated Class II or Class IV bikeway. (b) A person shall not operate an electrically motorized board upon a highway, bikeway, or any other public bicycle path, sidewalk, or trail, at a speed in excess of 15 miles per hour. (c) Notwithstanding subdivision (b), a person shall not operate an electrically motorized board at a speed greater than is reasonable or prudent having due regard for weather, visibility, pedestrian and vehicular traffic, and the surface and width of the highway, bikeway, public bicycle path, sidewalk, or trail, and in no event at a speed that endangers the safety of any person or property.
21296 CVC (a) It is unlawful for a person to operate an electrically motorized board upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. (b) A person arrested for a violation of this section may request to have a chemical test made of his or her blood or breath for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to subdivision (d) of Section 23612, and, if so requested, the arresting officer shall have the test performed. (c) A conviction for a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250).
21268 CVC (a) A motorized skateboard shall not be propelled on any sidewalk, roadway, or any other part of a highway or on any bikeway, bicycle path or trail, equestrian trail, or hiking or recreational trail. (b) For purposes of this section, an electrically motorized board, as defined in Section 313.5, is not a motorized skateboard.
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COMMON VEHICLE THEFT LAWS 10752(b) VC M/F Blue Tags (CHP/DMV) - fraudulent acquisition or disposition 215 PC F Carjacking 10803 VC F Chop Shop – buy, possess, sell veh with altered numbers 10801 VC F Chop Shop - own or operate 10752(b) VC M/F CHP/DMV issued ID numbers - fraudulent acquisition or disposition 466.9 PC M Code Grabbing Device – possession 182 PC F Conspiracy 10501(a) VC M False Report of Veh Theft 548(a) PC F Insurance Fraud – injure, destroy, hide insured property 466.7 PC M Keys – copy w/o owner’s consent 466.5 PC M Keys – possess veh master keys 4463 VC F License Plate – alter, forge, counterfeit 4462(c) VC M License Plate – unlawful possession 4463.5 VC M License Plate, facsimile – unlawful to manufacture 496 PC F Receiving Stolen Property – knowingly receive, possess, sell, conceal 4463 VC F Registration – alter, forge, counterfeit 4461(a) VC M Registration – lend or allow improper use 4462(c) VC M Registration – unlawful possession 4463(a) VC F Registration, false evidence of – w/ intent to defraud 4462.5 VC M Registration, presenting or displaying false – w/ intent to avoid DMV fees 10854 VC M Stored Vehicle – unlawful use by keeper 4463 VC F Title – alter, forge, counterfeit 4462(c) VC M Title – unlawful possession 10853 VC M Unattended Vehicle – tampering w/ mechanism or set in motion 10852 VC M Vehicle or Contents – injure or tamper 10851 VC F Vehicle Theft – w/o owner’s consent 10802 VC M/F VIN – altering, destroying, defacing, forging 10750(a) VC M VIN or Secondary ID – altering, defacing, replacing 10752(a) VC M/F VIN or Secondary ID – fraudulent acquisition or disposition 10752 VC F VIN or Secondary ID – sales 10751 VC M VIN or Secondary ID (altered, missing) – buy, sell, possess 10751(a) VC M VIN or Secondary ID (altered, missing) – buy, sell, possess 10803(a) VC M/F VIN or Secondary ID (altered, missing), vehicles/components with – buy to resell 10803(b) VC M/F VIN or Secondary ID (altered, missing), vehicles/components with –possess w/ intent to sell
TOW AUTHORITY DEFINITIONS 22653(a) VC Private Property - removal of 10-29V 250 VC Chop Shop (defined) 22651(c) VC Public Property – removal of 10-29V 671 VC VIN (defined) 10751 VC VIN or Secondary ID (altered, removed) – removal for inspection
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VEHICLE CODE SECTIONS PERTAINING TO RAILROAD CROSSINGS
VEHICLE CODE VIOLATIONS 22451(a) Veh/Ped failing to stop for railroad crossing signal 22451(b) Veh/Ped drive/walk around lowered railroad crossing arms 22526(c) Anti-Gridlock, stopping on railroad grade crossing; undercarriage clearance 21113 Illegal parking of vehicles violating posted signs on transit property 21461(a) Failure to obey official traffic control devices, provisions of CVC/local traffic ordinances 21650 Wrong side of roadway – enhances 22451(b) 21651(a) Driving vehicle over or upon center divider 21752(c) Passing at railroad grade crossing 22101(d) Failure to obey official device regulating turns 22450(b) Failure to stop at limit line of stop sign at entrance or within railroad crossing Special vehicles required to stop more than 15 feet from the tracks before crossing (hazmat, buses: 22452(b) see code for specifics) Commercial vehicles other than those required to stop in 22452(b) must approach crossing at a 22452(c) speed where they could stop if needed 22521 Parking within 7½ feet of railroad track 22656 Storage authority to tow vehicle in violation of 22521 PENAL CODE VIOLATIONS – FELONIES 212.5(a) Robbery of transit operator or passenger 214 Train robbery 218 Train wrecking (attempt) 219 Wrecking/derailing a train 219.1 Throw object at common carrier vehicle with intent to wreck or cause bodily harm 219.2 Shoot missile or throw hard object at a train – Misd/Felony – Wobbler 243.3 Battery on transit personnel or passenger – Misd/Felony 245.2 Assault with deadly weapon on transit personnel or passenger 459 Burglary – includes freight container cars 481.1(a) Fare media; counterfeit, forge or alter 587.1 Removes, displaces, injures or destroys any part of any railroad 587.2 Place objects on the rail – Misd/Felony 587.1(b) Move locomotive without authorization creating the likelihood of injury Willfully tampering with a transit vehicle or placing an obstruction that causes bodily injury or willfully 625c setting a vehicle in motion while it is at rest and unattended PENAL CODE VIOLATIONS – MISDEMEANOR 241.3 Assault on transit personnel or passenger 369d Leave railroad right of way gate open 369g(a) Drive vehicle on railroad track/right of way 369g(b) Drive vehicle on County transit agency track/ROW 369h Operating light that may be mistaken for railroad signal 369i(a) Trespassing-Interfering with RR operations 369i(b) Trespassing-Interfering with RR operations of County transit agency 402 Sightseeing at scene of an emergency (Includes Drones) 481.1(b) Possess counterfeit/altered fare media 555 Trespass on posted property (signs every 600 ft) 587a Tamper with air brakes or safety equipment 587b Trespass on railroad train 587c Fare evasion 587.1(a) Move locomotive without permission 590 Tamper with railroad milepost marker
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VEHICLE CODE SECTIONS PERTAINING TO TRANSIT SERVICES PC 640 Infraction for first and second offense Misdemeanor for third and subsequent offense (b) (1) Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system. o (2) Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise. o (3) Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system. o (4) Expectorating upon a system facility or vehicle. o (5) Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code in a system facility, vehicle, or parking structure. o (6) Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system, if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts. (c) (1) Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare. o (2) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare. o (3) (A) Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting. . (B) If an eligible discount ticket user is not in possession of acceptable proof at the time of request, any citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed. Pen. Code § 640 (Amended): Public Transportation Violations and Minors: Criminal penalties have been eliminated for minors (under the age of 18) who commit a violation of subdivision (c)(1) (evading fare payment), (c)(2) (misuse of a pass or ticket with the intent to evade payment) or (c)(3) (the unauthorized use of a discount ticket) on a public transportation system. (Criminal penalties for other delinquent or prohibited activity remain.) A public transportation agency is instead authorized to assess an “administrative penalty” of up to $250 for a first or second violation, and up to $400 for a third or subsequent violation. (d) (1) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior. o (2) Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle. o (3) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition. o (4) Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes. o (5) Willfully tampering with, removing, displacing, injuring, or destroying any part of any facility or vehicle of a public transportation system. 783 PC Offenses on public transit can be adjudicated where trip terminates and/or report is made 2188 Civil Passenger ejection authorization for system rules violation 7656 PUC Passenger must display ticket on request; failure to do so may result in ejection
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MISCELLANEOUS VIOLATIONS PERTAINING TO SPECIAL VEHICLES
TOW TRUCKS CVC 29004(a)(3) Four Tie Downs Required On Any Vehicle Being Transported Two Safety Chains Req. B/T Tow Truck and Towed Vehicle CVC 29004(a)(2) Repo exempt for 1 Mile Two Lights Req. on Towed Vehicles CVC 24605(b) In darkness, Daytime if lights not visible CVC 27700(a) Broom, Shovel, Fire Extinguisher (Repo exempt) CVC 27907 Name, Address, Phone X, Req. on Both Sides AGGREGATE TRUCKS CVC 23114(b)(2) Mud Flaps/Guards Req. for each Tire Group CVC 23114(b)(2)(C) Center Flap Req., Bottom Dump Release Gate CVC 23114(b)(2)(D) 1” Max. Gap to Tire/Flap/24” Max. Height/5” Max. Gap Bottom CVC 23114(b)(1) Aggregate Material: No openings larger than carried CVC 23115(a) Anything Disposable Must Be Covered Aggregate Material: Covered if loads extend over lowest sides CVC 23114(e) Exempt: Asphalt, CVC 23114(e)(2) or 200 Yards from egress, CVC 23114(f)(2) WEIGHT ENFORCEMENT CVC 35551(a) Exceeding Maximum Weight Pace Officer’s Authority to Stop and Inspect CVC 2806(a) Check for Permit (CVC 35783) CVC 35783.5 Fail to remove OVERSIZE BANNER CVC 35784(a) Violate Terms of Permit CVC 35783 Must Carry Permit and Display on Demand CVC 21461(a) (If Posted) Failure to Obey Regulatory Sign
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STREET RACING AND SMOG VIOLATIONS Los Angeles County Sheriff’s Department Traffic Services Detail
LIGHTING 24400 CVC: Headlight Required During Darkness Mounted 22" to 54" 24252(a) Burned out or Not Working Lighting (Catch All Section) 24601 CVC License Plate Light Required *24601 CVC per 699 (C) CCR: Unlawful to Cover Headlights / per 685 CCR: Unlawful to Cover Tail Lights 26101 CVC: Unlawful to Modify Any Lighting Device from Original Design 24003 CVC: Unlawful Lighting Equipment Yellow/blue/red Headlamps Neon Lights; Valve Stem Caps Windshield Washer (Except White), Flashing Lights on License Plate Frames 25950(a) CVC: Lights to Front must Be White or Amber 25950(b) CVC: Lights to Rear must Be Red (Amber Ok When in Use) 24607(b) CVC: Two Red Reflectors Req. On Rear of Vehicle (1965 and Newer) 1 on Each Side between 15" to 60" (Red Reflectorized Tail Light Lenses Qualify, Clear Do Not) 26101 CVC: Sell or Offer for Sale or Use Any Device Intended to Modify the Original Design or Performance of Lighting Equipment or Other Device, Unless Dot Approved (Clear Tail Lamp Lenses) *CCR (California Code of Regulations Violations Are per Title 13) 24405(a) CVC: Max. Number of Lights Facing Forward Not to Exceed 4
LOUD EXHAUST 27151(a) CVC: Loud Exhaust (Muffler must Prevent Excessive / Unusual Noise)
WINDSHIELDS / WINDOWS / MIRRORS 26708(a)(1) CVC: Object or Material on Windshield or Windows (Tinted Windows or Graphics on Windshield) 26708(a)(2) CVC: Object or Material Obstructing Drivers View (Hanging from Mirrors) 26709(a) CVC: 2 Mirrors Required on Vehicle One must be on the Left Hand Side.
LOWERED / UNSAFE VEHICLE 24002(a) CVC: Unsafe Vehicle (Presents an Immediate Safety Hazzard) 24004 CVC: Unlawful Operation after Notice by Officer 24008 CVC: Modified Vehicle Height (No Part of Vehicle below Bottom of Rim)
DRIVING / RACING 23109(a) CVC (MISD): Illegal Speed Contest (30 Day Impound 23109.2(a) CVC) 23109(b) CVC (MISD): Aiding or Abetting Illegal Speed Contest (Flagger) 23109(c) CVC (MISD): Exhibition of Speed / Aiding or Abetting Exhibition of Speed 23109(d) CVC (MISD): Obstructing or Barricading Roadway to Facilitate Illegal Speed Contest or Exhibition of Speed 23103(a) CVC (MISD): Reckless Driving (Wanton Disregard for Safety of Persons or Property) 23103(b) CVC (MISD): Reckless Driving Off-street Parking Facility
STORAGE AUTHORITY 23109.2(a)(1) CVC: Vehicle Engaged in Illegal Speed Contest, Reckless Driving of Exhibition of Speed and Driver Arrested (Also Applies to MISD. Cite for Same. 30 Day Impound) 22651(h) CVC: Driver Arrested
REGISTRATION 5200 CVC: Issued License Plates (2) Required to Be Displayed on Vehicle 5201 CVC: Positioning of Plates (Securely Mounted 12" to 60" from Ground
ENGINE / TRANSMISSION #S ALTERED / REMOVED 1. Obtain personal information and a statement from the driver re: 10751(a) CVC 2. Where did the engine come from? 3. How long have they had the vehicle? 4. Complete a SH-R-49 / CHP-180
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IMPOUND VEHICLE 22655.5(b) CVC per 10751(a) CVC: Vehicle or Component Part Impounded as Evidence When Serial or Identification Number (VIN) Removed, Defaced, Altered or Destroyed
OUT OF SERVICE AUTHORITY 24004 CVC: Peace Officer Notification of Vehicle Unsafe or Not Equipped as Required by CVC, May Order out of Service at Owner’s Residence, Place of Business, or Repair Garage
SUSPENDED UNLICENSED DRIVER IMPOUNDS 22651(p) CVC: Suspended / Unlicensed Driver That Does Not Meet Criteria below 14602.6(a) CVC: Suspended / Unlicensed Driver 30 Day Impound (Must Meet Any of the Following Criteria) 1. Suspended driver must have valid service (codes A,B,D,J,M,P) or knowledge of the suspension 2. Suspended driver has prior conviction or FTA for suspension 3. Unlicensed driver has prior cite for any driving offense 4. Driver has never been issued a driver’s license from any state
COMPLETING A SPECTATOR CASE 1. Identify violation(s) 2. Mirandize & Interview suspect. 3. Misdemeanor Citation / Booking Slip 4. Arrestee can be booked or released in the field. 5. Copy of LACC 13.46 must be submitted with case (If Unincorporated) 6. (Optional if Booked) Completed a CHP-180 per 22651(h) CVC
DISCLAIMER: Check your local contract city to see which Municipal Codes may better apply
AUTHORITY TO INSPECT 2806 CVC for City Police, Deputy Sheriff, Reserve Police Officer, or Reserve Deputy Sheriff 2804 CVC for CHP
LOS ANGELES COUNTY CODE TITLE 13 CHAPTER 13.46 13.46.010 PROHIBITION: Be knowingly present as a spectator at any illegal motor vehicle speed contest or exhibition of speed conducted on a public street or hwy; or present as a spectator where preparations are being made for any such event
13.46.020 DEFINITIONS : (A) “Illegal motor vehicle speed contest or exhibition of speed” referred to in 23109(a) and 23109(c) CVC (B) “Spectator” any person present at an illegal speed contest or exhibition of speed for the purpose of viewing, observing, watching, or witnessing the event as it progresses. “Spectator” includes any person at the location regardless whether they arrived by driving a vehicle, passenger, walking, or arriving by any other means (C) A person is considered “Present” when they are within 150 feet of the location of the event, or within 150 feet of the street or hwy where preparations are being made for the event. (D) “Preparations” are but not limited to situations where a group of vehicles or persons arrive at a predetermined location; individuals line one or both sides of street; person(s) impeded the free public use of a street or hwy by actions, words, or physical barrier for the event; 2 or more vehicles have lined up with motors running; vehicles running engines or spinning tires; an individual is stationed near one or more vehicles as a race starter
13.46.030 PENALTY (MISD): Fine not to exceed $500, or by jail not to exceed six months or both
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COMPLETING A B.A.R. CITATION 1. Identify violation (s) for Stop 2. Ask to inspect vehicle 3. Inspect vehicle and locate violations 4. Only one violation is needed 5. Photograph violation if possible 6. Issue citation for 27156(b) CVC 7. Place State Referee Sticker (BAR sticker )on Sign off Area (violator’s copy) 8. Advise driver to contact referee for inspection before driving vehicle again on highway. 9. If you cite for a dismissible violation leave room for sign off on back of citation when affixing BAR sticker.
27156(b) CVC: Modified or Missing Smog Device (Refer to State Smog Referee for Inspection, Not a Sign-off Cite) State B.A.R. Phone #1-800-622-7733. JDM-Engine swap (Engine #4 digits) Must be inspected and passed by BAR referee.
27156(f) CVC: Traffic Officer Notification of Altered or Missing Smog Device May Order Vehicle out of Service at Owner’s Residence, Place of Business, or Repair Garage
2800(a) CVC (MISD): Refusal to Comply with Lawful-order or Submit to Inspection by Officer in Uniform
COMPLETING A RACER CASE 1. Identify violation(s) 2. Suspect / Arrestee information 3. Interview all passengers and witnesses. (Info) 4. Misdemeanor Citation / Booking Slip 5. CHP-180 Impound for 23109.2(a) CVC (30 day) 6. Arrestee can be booked or released in the field. 7. Complete a SH-R-49 (Indicate in report if you heard burning out , skidmarks left on roadway, vehicles fishtailing, etc...)
It is imperative that a thorough case is completed to assist investigators with the vehicle seizure process.
BUREAU of AUTOMOTIVE REPAIR TECHNICAL HELP (LAW ENFORCEMENT USE ONLY - DO NOT GIVE TO THE PUBLIC) 0900 to 1700 hrs. M - F NORTHERN CALIF: 1-916-255-3475 SOUTHERN CALIF: 1-909-873-1982
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UNDER THE INFLUENCE ARREST FLOW CHART
Reasonable cause to Traffic Stop/ believe driver is Conduct SFSTs to Determine Collision under the influence Impairment (See next page) of a drug
IMPAIRED W/ALCOHOL AND/OR CONTROLLED SUBSTANCE
-ARREST DRIVER- OVER 21 UNDER 21 23152(a) CVC-Under the Influence/Alcohol (M) BAC .01% to .04%: DMV Form DS 367 23152(b) CVC-.08%< (M) BAC .05% to 07%: 23140(a) CVC and 23152(c) CVC-Addicted to any drug (M) DMV Form DS 367 23152(d) CVC -.04% Commercial Vehicles (M) 23152(e) CVC-Under the Influence/Drugs (M) Mandatory PAS Advisement and 23152(f) CVC-Under the Influence/Alcohol+Drugs (M) Test (23136(c)(1) CVC). Refusals: Complete DMV367 Under 21 and confiscate license. 23153(a) CVC-Under the Influence/Alcohol - Injury or Death (F) Transport driver to a safe 23153(b) CVC-.08%< Injury or Death (F) location. 23153(d) CVC-.04% Commercial Vehicles Injury or Death (F) Release vehicle to 23153(e) CVC-Under the Influence/Drugs Injury or Death (F) Licensed Non-Drinking 23153(f) CVC-Under the Influence/Alcohol+Drugs Injury or Death (F) Passenger, or store vehicle per 22651(h) (2) CVC. 11550(a) H&S-Under the Influence of a Controlled Substance If no PAS: Articulate that driver has BAC of .05% to .07% and cite for Impound Vehicle per 14602.8(a) VC (5-15 Day Hold) - Driving Under the Influence 23140(a) CVC. (DUI) - Second or More Prior Convictions (see code for circumstances)
SEE FOLLOWING PAGES FOR DUI AND ALCOHOL/DRUG RELATED OFFENSES
Implied Consent Law Breath/Urine/Blood Advisement - 23612 CVC Test(s) (See following pages) TEST REFUSAL
Test Advisements Document Refusal on (See following pages for Standard Instructions) DMV Form DS 367 Read/Issue DMV Form DS 367 Attach confiscated driver’s license if refusal
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FIELD SOBRIETY TESTS 1. HORIZONTAL GAZE NYSTAGMUS 1. I am going to check your eyes. 2. (Please remove your glasses. Are you wearing contacts?) 3. Please look at the top of the stimulus. Keep your head still and follow the top of the stimulus when I move it. Only move your eyes and not your head. 4. Do not move your head. Do you understand? Conduct the test in the following sequence – Smooth Pursuit, Maximum Deviation, HGN prior to 45 Degree Angle. 2. MODIFIED ROMBERG/BALANCE 1. Stand with your feet together and arms down at your sides. (Demonstrate) 2. Do not start the test until I tell you to do so. Do you understand? 3. When I tell you to do so, I want you to tilt your head back, close your eyes, and when I say “BEGIN” estimate the passage of 30 seconds. When 30 seconds have passed, tilt your head forward, open your eyes, and say "STOP." 4. Do you understand? Tilt your head back, and close your eyes. Begin.
3. WALK AND TURN INSTRUCTIONS 1. Put your left foot on the line. (Demonstrate) 2. Put your right foot on the line ahead of the left foot, with the heel of your right foot touching the toe of your left foot. (Demonstrate) 3. Place your arms at your sides and keep this position until I tell you to begin. (Demonstrate) Maintain this position until I have completed the instructions. Do you understand? 4. When I tell you to start, take nine heel-to-toe steps down the line, turn around, and take nine heel- to-toe steps back. 5. When you turn, keep your front foot on the line, and turn by taking a series of small steps with the other foot. (Demonstrate) 6. While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud. 7. Once you start walking, do not stop until you have completed the test. Count the first step from the heel-to-toe position. Do you understand? Begin.
4. ONE LEG STAND INSTRUCTIONS 1. Stand with your feet together and your arms down at your sides. (Demonstrate) 2. Do not start the test until I tell you to do so. Do you understand? 3. When I tell you to begin, raise your left leg approximately 6" off of the ground, keeping your raised foot parallel to the ground. Keep both legs straight, arms at your sides. (Demonstrate) 4. While holding this position, count out loud in the following manner: 1001, 1002, 1003, and so on, until I tell you to stop. (Demonstrate) 5. Keep your arms at your sides at all times and keep watching your raised foot. 6. If you put your foot down, raise it back up and continue counting where you left off. 7. Do you understand? Begin.
5. MODIFIED FINGER TO NOSE 1. Stand with your feet together, arms at your side, your index fingers pointed to the ground, and palms facing out. 2. Do not start the test until I tell you to do so. 3. Do you understand the instructions so far? (Make sure suspect indicates understanding with verbal response.) 4. When I tell you to start, tilt your head back and then close both eyes. 5. When I tell you to, bring the hand you are directed to upward, touching the tip of your finger to the tip of your nose. 6. After touching your nose, immediately bring your hand back down to your side. 7. Do you understand all the instructions so far? Begin. Conduct the test in the following sequence - left, right, left, right, right, left.
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CVC ADVISEMENTS FOR DRIVING UNDER THE INFLUENCE
IMPLIED CONSENT LAW PER 23612 C.V.C. (DMV - DS 367M) “You are required by state law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You have the choice of taking a breath or blood test. If you refuse to submit to, or fail to complete a test, your driving privilege will be suspended for one year or revoked for two or three years. Refusal or failure to complete a test may be used against you in court. Refusal or failure to complete a test will also result in a fine and imprisonment if this arrest results in a conviction of driving under the influence. You do not have the right to talk to an attorney or have an attorney present before stating whether you will submit to a test, before deciding which test to take, or during the test.”
UNDER AGE 21- PRELIMINARY ALCOHOL SCREENING ADVISEMENT PER 13353.1 C.V.C. (DMV - DS 367M) “You are required by state law to submit to a preliminary alcohol screening (PAS) or other chemical test to determine the presence of alcohol in your blood. If you refuse to submit to, or fail to complete a test, your driving privilege will be suspended for one year. A second offense within ten years of a separate violation of driving under the influence, including such a charge reduced to reckless driving, or vehicular manslaughter, or a violation of section 23140 C.V.C., or separate administrative determination that you were driving with a BAC of 0.01% or more while under age 21, or a BAC of 0.08% or more at any age, or you refuse a test, will result in a two-year revocation. Three or more offenses within ten years of any combination of the above violations, convictions or separate administrative determinations will result in a three- year revocation.”
BREATH TEST ADVISEMENT PER 23614 C.V.C. “If you choose to submit to a breath test, the breath testing equipment does not retain any sample of the breath and no breath sample will be available after the test which could be analyzed later by any other person or yourself.
Because no breath sample is retained, and you have the opportunity to provide a blood or urine sample that will be retained at no cost to you so that there will be something retained that may be analyzed for the alcoholic content of your blood.
If you choose blood or urine, your sample may be tested by either party in any criminal prosecution.”
MPP 5-08/010.20 BLOOD TESTS When a deputy feels that the taking of a blood sample is necessary and that physical restraint of the subject would be required to obtain the sample, he shall first obtain the approval of his watch commander. If approval is granted, medically approved personnel shall withdraw the blood sample.
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CHARGING GUIDE FOR DUI AND OTHER ALCOHOL-RELATED VEHICLE OFFENSES F = FELONY; W = WOBBLER; M = MISDEMEANOR; I = INFRACTION
PENAL CODE § 187(a)
Watson Murder/Murder in the Second Degree (F) The unintentional killing of a human being as the result of impaired driving if the evidence establishes “implied” malice, i.e., the element of malice aforethought. (People v. Watson (1981) 30 Cal.3d 290.)
PENAL CODE § 191.5(a) Gross Vehicular Manslaughter While Intoxicated (F) The unlawful killing of a human being without malice aforethought in the driving of a vehicle, where the driving was in violation of Vehicle Code § 23140, 23152, or 23153, and the killing was either the proximate result of the commission of an unlawful act not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.
PENAL CODE § 191.5(b) Vehicular Manslaughter While Intoxicated (W) The unlawful killing of a human being without malice aforethought, in the driving of a vehicle in violation of Vehicle Code § 23140, 23152, or 23153, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but MURDER/MANSLAUGHTER without gross negligence.
PENAL CODE § 193.8(a)(1), (2) & (3) Relinquishment of a Motor Vehicle to an Intoxicated Minor (M) It is unlawful for any adult who is the registered owner of a motor vehicle or in possession of a motor vehicle to relinquish possession of the vehicle to a minor for the purpose of driving if —
1) The adult owner or person in possession of the vehicle knew or reasonably should have known that the minor was intoxicated at the time possession was relinquished; 2) A petition was sustained or the minor was convicted of a violation of Vehicle Code § 23103, as specified in § 23103.5, 23140, 23152, or 23153 or a violation of Penal Code § 191.5 or 192.4(a); or 3) The minor does not otherwise have a lawful right to possession of the vehicle.
JUVENILE VEHICLE CODE § 23140(a) Under the Age of 21 Driving with a BAC of 0.05 or Greater (I) It is unlawful for a person under the age of 21 years who has a 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
VEHICLE CODE § 14601.2(a) Driving When Privilege Is Suspended or Revoked for DUI (M) It is unlawful for a person to drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for a conviction of a violation of Vehicle Code § 23152 or 23153 if the person so driving has knowledge of the suspension or revocation.
VEHICLE CODE § 14601.4(a) Causing Bodily Injury to Another While Driving with a Suspended or Revoked License (M) It is unlawful for a person, while driving a vehicle with a license suspended or revoked pursuant to Vehicle Code § 14601.2 to do an act forbidden by law or neglect a duty imposed by law in the driving of
SUSPENSIONS the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver.
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VEHICLE CODE § 23103.5 “Wet Reckless” (M) An agreement by the prosecution to a guilty or no contest plea to a charge of a violation of Vehicle Code § 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Vehicle Code § 23152.
VEHICLE CODE § 23136(a) (DMV administrative use only) Under the Age of 21 Driving with a BAC of 0.01 or Greater It is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle.
ADMINISTRATIVE
VEHICLE CODE § 23152(a) Driving Under the Influence Alcohol (M) It is unlawful for any person who is under the influence of any alcoholic beverage to drive a vehicle.
VEHICLE CODE § 23152(b) Driving with a BAC of 0.08 or Greater (M) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
VEHICLE CODE § 23152(c) Driving if Addicted to the Use of Any Drug (M) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle.
VEHICLE CODE § 23152(d) Driving a Commercial Motor Vehicle with a BAC of 0.04 or Greater (M) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Vehicle Code § 15210.1
VEHICLE CODE § 23152(e) Driving Under the Influence of Drugs (M) It is unlawful for any person under the influence of any drug to drive a vehicle.
MISDEMEANOR DUI MISDEMEANOR VEHICLE CODE § 23152(f) (M) Driving Under the Combined Influence of Alcohol and Drugs It is unlawful for any person under the combined influence of any alcoholic beverage and drug to drive a vehicle.
FELONY PURSUANT TO 23550 / 23550.5 CVC: If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of three or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions.
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VEHICLE CODE § 23153(a) Driving Under the Influence Causing Bodily Injury (W) It is unlawful for any person, while under the influence of any alcoholic beverage to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
VEHICLE CODE § 23153(b) Driving with a BAC of 0.08 or Greater and Causing Bodily Injury (W) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
VEHICLE CODE § 23153(d) Driving a Commercial Motor Vehicle with a BAC of 0.04 or Greater and Causing It is unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
VEHICLE CODE § 23153(e) FELONY DUI FELONY Driving Under the Influence of a Drug and Causing Great Bodily Injury (W) It is unlawful for a person, while under the influence of any drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
VEHICLE CODE § 23153(f) Driving Under the Combined Influence of Alcohol and Drugs and Causing Great Bodily Injury (W) It is unlawful for a person, while under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
VEHICLE CODE § 23213 Registered Motor Vehicle on or near the Premises of a Social Rehabilitation Facility (I) It is unlawful for a patient or other person residing in a social rehabilitation facility for the rehabilitation of persons who have abused alcohol or drugs, to have a motor vehicle registered in his or her name on or near the premises of that facility unless the patient or person has an operator’s license issued pursuant to the California Vehicle Code which is not suspended or revoked.
FACILITY
REHABILITATION REHABILITATION
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VEHICLE CODE § 23220(a) Drinking While Driving a Motor Vehicle (I) It is unlawful for a person to drink any alcoholic beverage while driving a motor vehicle upon a highway or on lands described in Vehicle Code § 23220(b).2
VEHICLE CODE § 23221(b) Passenger Drinking While in a Motor Vehicle (I) It is unlawful for a passenger to drink any alcoholic beverage while in a motor vehicle upon a highway.
VEHICLE CODE § 23222(a) Possession of Open Container While Driving a Motor Vehicle (I) It is unlawful for a person to have in his or her possession or on his or her person, while driving a motor vehicle upon a highway or on lands, as described in Vehicle Code § 23220(b), any bottle, can, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.
VEHICLE CODE § 23222(b) Possession of Marijuana While Driving a Motor Vehicle (I) Except as authorized by law, every person who possesses, while driving a motor vehicle upon a highway or on lands, as described in Vehicle Code § 23220(b), not more than one avoirdupois ounce of marijuana, other than concentrated cannabis, is guilty of an infraction.
VEHICLE CODE § 23223(a) Driver with Open Container in a Motor Vehicle (I) It is unlawful for a driver to have in his or her possession, while in a motor vehicle upon a highway or on lands as described in Vehicle Code § 23220(b), any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.
VEHICLE CODE § 23223(b) Passenger with an Open Container in a Motor Vehicle (I) It is unlawful for a passenger to have in his or her possession, while in a motor vehicle upon a highway or on lands as described in Vehicle Code § 23220(b), any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.
VEHICLE CODE § 23224(a) Under the Age of 21 Driving a Motor Vehicle Carrying an Alcoholic Beverage (M) It is unlawful for a person under the age of 21 years to knowingly drive any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by a parent, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act, and is
OSSESSION OF ALCOHOL OF OSSESSION driving the motor vehicle during regular business hours and in the course of the person’s employment. It is a complete defense for the driver if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage.
VEHICLE CODE § 23224(b) Passenger Under the Age of 21 in a Motor Vehicle Carrying an Alcoholic Beverage (M) It is unlawful for a passenger in any motor vehicle who is under the age of 21 years to knowingly possess or have under his or her control any alcoholic beverage, unless the passenger is accompanied by a parent, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act, and possession or control is during regular business hours and in the course of the passenger’s employment. It is a complete defense for the passenger if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage.
VEHICLE CODE § 23225(a)(1) Open Container of an Alcoholic Beverage in a Motor Vehicle by Registered Owner (I) It is unlawful for the registered owner of any motor vehicle to keep in a motor vehicle, when the vehicle is upon any highway or on OPEN CONTAINER/P OPEN lands, as described in Vehicle Code § 23220(b), any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, unless the container is kept in the trunk of the vehicle.
VEHICLE CODE § 23226(a) Open Container of an Alcoholic Beverage in the Passenger Compartment of a Motor Vehicle by Driver (I) It is unlawful for the driver to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in Vehicle Code § 23220(b), any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.
VEHICLE CODE § 23226(b) Open Container of an Alcoholic Beverage in the Passenger Compartment of a Motor Vehicle by Passenger (I) It is unlawful for any passenger to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in Vehicle Code § 23220(b), any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.
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VEHICLE CODE § 23247(a) Renting, Leasing, or Lending a Motor Vehicle Without an Ignition Interlock Device, When Required (M) It is unlawful for a person to knowingly rent, lease, or lend a motor vehicle to another person known to have had his or her driving privilege restricted as provided in Vehicle Code § 13352, 23575, or 23700, unless the vehicle is equipped with a functioning, certified ignition interlock device.3
VEHICLE CODE § 23247(b) Requesting or Soliciting Another to Circumvent an Ignition Interlock Device (M) It is unlawful for any person whose driving privilege is restricted pursuant to Vehicle Code § 13352, 23575, or 23700 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
VEHICLE CODE § 23247(c) Blowing into an Ignition Interlock Device for Another (M) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to Vehicle Code § 13352, 23575, or 23700.
VEHICLE CODE § 23247(d) Removing, etc. an Ignition Interlock Ignition Device (M) It is unlawful to remove, bypass, or tamper with an interlock ignition device.
IGNITION INTERLOCK DEVICE INTERLOCK IGNITION VEHICLE CODE § 23247(e) Operating a Vehicle Without an Ignition Interlock Device When One Is Required (M) It is unlawful for any person whose driving privilege is restricted pursuant to Vehicle Code § 13352, 23575, or 23700 to operate any vehicle not equipped with a functioning ignition interlock device.
ENDNOTES 1) Veh. Code § 15210(b)(1): “Commercial motor vehicle” is any vehicle or combination of vehicles that requires a class A or B license, or a class C license with an endorsement issued pursuant to § 15278(a)(4). Veh. Code § 15210(b)(2): [Exceptions to § 15210(b)(1).] 2) Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Veh. Code §§ 38000 et seq.) describes “lands,” generally, as other than a highway, that are open and accessible to the public, including land acquired, developed, operated, or maintained with money from the Off-Highway Vehicle Trust Fund, except private lands under the immediate control of the owner or his or her agent where permission is required and has been granted to operate a motor vehicle. 3) Pursuant to Vehicle Code § 23247(a), any person whose driving privilege is restricted pursuant to § 13352, 23575, or 23700 must notify any other person who rents, leases, or loans a motor vehicle to him or her of the driving restriction imposed under that section.
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BOATS MPP 4-05/030.00 All boating accidents and/or incidents which occur on those waters outside this State's jurisdiction are the exclusive responsibility of the U.S. Coast Guard. The State’s jurisdiction includes all waters landward from the three mile limit in the Pacific Ocean and includes a three-mile limit around the off-shore islands.
All violations of federal law occurring on those waters, as indicated above, are the exclusive responsibility of the FBI, Treasury Department, Drug Enforcement Administration, etc.
When any such boating accident and/or incident or violation of Federal law is discovered by, or brought to the attention of, this Department, immediate notification shall be made to the appropriate federal agency; however, this does not abrogate or limit this Department's responsibility to render all possible aid to persons and/or vessels in distress, or to render assistance when so requested by competent authority.
State criminal statutes do not apply on waters under exclusive jurisdiction of the United States
FORM NUMBER ASSIGNMENT CLASSIFICATION ADDITIONAL INFORMATION AND FILE NUMBER AND Crime or Incident STATISTICAL CODES PRIORITY ACTION
Accident/Incident, -- SH-R-49 Homicide Bureau The following procedures shall apply to all boating Death or URN accidents and/or incidents which occur on the disappearance 49 A waters within this State's jurisdiction involving the of person as a SH-R-12 death or disappearance of a person. If in our result of (if applicable) jurisdiction, notify Homicide Bureau and Special URN Enforcement Bureau immediately. 40 Notify Emergency Services Detail and the U.S. Coast Guard, Sector Los Angeles/Long Beach (800) 221-8724 or (310) 521-3801 (if applicable), as soon as possible, and give the following information:
date, time and location of occurrence (approximate position and distance from known landmarks and compass headings, if available); registration number or name of the vessel as documented; names of victims; contact information of handling Deputy or Detective; and request for assistance, if needed.
Notification to the Coast Guard is required for all accidental deaths occurring aboard commercial vessels.
The person making the notification shall record the notification time and date, as well as the name and rank or title of the person contacted. This information shall be included in the Deputy's report.
Code 494 - Person Dead, Recreational Accident or see Person Missing (40).
In all cases involving the death or disappearance of a person from a vessel, the report shall include the following:
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date, time and location of occurrence (approximate position and distance may be necessary); name of each person who died or disappeared; registration number or name of the vessel as documented; and names and addresses of the owner and operator.
In all cases involving the death or disappearance of a person from a vessel, a copy of the approved report shall be forwarded to the State of California, Department of Boating and Waterways, 2000 Evergreen Street, Suite 100, Sacramento, California 95815, Fax (916) 263-0703.
In all boating accidents, when there is a crime which is connected with the boating accident, but not a part of the accident itself (e.g., robbery, burglary, possession of narcotics, weapons violations, etc.), a crime report shall be made. (Refer to appropriate sections of Case Assignment and Reporting Volume.)
--As a result of scuba In all cases involving death or disappearance, of diving person(s) as a result of scuba diving from a vessel only, the above procedures shall be followed.
In those cases involving death, disappearance, or injury of person(s) as a result of scuba diving other than from a vessel, see appropriate classification under "Person Dead," "Person Missing," or "Accidents, Miscellaneous."Above notification shall be made within 24 hours of occurrence.
--Injury involved See section 4-19/015.00 - Person Injured/Ill - Boating Accident.
--Reports, Owner/ Concerned operator(s) or owner(s) shall be Operator advised that a written report shall be submitted on Responsibility the California Boating Accident Report (Form A-1), provided by the Department of Boating and Waterways, directly to the State of California, Department of Boating and Waterways, 2000 Evergreen Street, Suite 100, Sacramento, California 95815, within 48 hours if:
a person dies within 24 hours of the occurrence; a person dies or disappears; a person is injured requiring medical attention beyond first aid; and the total property damage is in excess of $500 or involves the complete loss of a vessel.
--Miscellaneous In all other cases involving injury or property damage, the report is to be made within 5 days of occurrence.
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In all boating accidents and/or incidents where no crime is committed (e.g., property damage, fire, injury to person, lost or found property, citizen complaint or negligent operation, etc.), an incident report shall be made. Refer to appropriate sections of the Case Assignment and Reporting Volume.
Registered; DBW SVR-5a Station/Unit Send a broadcast via JDIC to Orange County Stolen, Embezzled URN Detective Sheriff's Office, Ventura County Sheriff's Office and 08 or 33 XLOC (all of Los Angeles County). A Embezzled boats – Station/Unit detectives shall authorize the state notification and a JDIC message when warrant obtained, 752 H&N Code.
Code as applicable:
080 - Grand Theft - Boat. 330 - Embezzlement - Felony.
Station/Unit detectives will handle investigation of the case.
In cases where loss is under $400, use retention (1) and code as applicable: 165 - Embezzlement - Misdemeanor. 382 - Petty Theft - Boat.
Make entry into DOJ Automated Boat System (ABS). DMV has a boat registration file with CF numbers for reference only.
--Lost DBW SVR-5a Station/Unit Make entry into DOJ ABS. URN Detective 44 Code 442 - Lost Property. A
--Recovered, DBW SVR-5b Station/Unit If recovery of Department reported stolen use impounded, URN Detective original URN. stored, released 73 A Boats on trailers found in violation of existing ordinance or upon complaint shall be stored by the tow agency servicing Station/Unit area. CHP-180 is the complaint report for trailers, DBW SVR-5b is the complaint report for boats.
BOATS AFLOAT:
Marina del Rey Station Only: Recovered or impounded for violation of existing ordinance or upon complaint shall be placed in custody of the harbormaster at a County facility until released to the owner after payment of fees due; which shall be assessed and collected by an agent of the Sheriff based on an approved fee schedule and proof of ownership. DBW SVR-5b is the complaint report.
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Fees collected shall be deposited to the Sheriff's Miscellaneous Fund.
Two months after all efforts have been made to notify owners of boats stored at a County facility, those boats shall be considered abandoned and assigned to Central Property for disposition.
All other Stations/Units: Recovered or impounded on bodies of water under County jurisdiction for violation of existing ordinance or upon complaint shall be stored at available commercial facilities adequate for safeguard, until released to the owner. Owner of vessel shall be responsible for payment of fees incurred by such storage. DBW SVR-5b is the complaint report.
Code as applicable:
732 - Boat Recovered (LASD jurisdiction). 733 - Boat Recovered (Other jurisdiction). 735 - Boat Stored/Impounded.
Unregistered, DBW SVR-5a Station/Unit On theft of a vessel, the Station/Unit shall send a Grand Theft, URN Detective broadcast via JDIC to Orange County Sheriff's Petty Theft 08 or 38 Office, Ventura County Sheriff's Office and XLOC A (all of Los Angeles County).
Boats not having CF or registration numbers, but which have an inscribed Owner Applied Number (OAN), i.e., Driver's License or Social Security Number, may be input into DOJ Automated Boat System, using the OAN.
Code as applicable:
080 - Grand Theft - Boat. 382 - Petty Theft - Boat.
Unregistered, DBW SVR-5b Station/Unit On loss of a vessel, the Station/Unit shall send a Found Property, URN Detective broadcast via JDIC to Orange County Sheriff's Lost Property, 44 Office, Ventura County Sheriff's Office and XLOC etc. A (all of Los Angeles County).
Notification to owners regarding recovered or found boats shall be made by the Station/Unit detectives, as applicable.
NOTE: If recovery of Department reported stolen item, use original crime URN.
Code as applicable:
442 - Property Lost/Found/Recovered. 447 - Abandoned Boat.
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REMOVAL OF VEHICLES FROM PUBLIC OR PRIVATE PROPERTY All VEHICLE CODES unless noted EXCERPT FROM THE CALIFORNIA PEACE OFFICERS' LEGAL SOURCEBOOK At this time, to avoid the possibility of a civil claim under the Ninth Circuit Miranda (Miranda (9th Cir. 2005)) decision, the safest course of action would be to have an articulable reason why impounding a vehicle was necessary in addition to the statutory basis authorizing the impound. -California Police Officers Legal Sourcebook (a) SUSPENDED OR REVOKED license, NO LICENSE issued, interlock device required but 14602.6(a)(1) missing
a) Left unattended upon a bridge, viaduct or causeway. b) Parked or left on a highway, obstructing normal movement of traffic. c) Found on a highway and has previously been reported stolen or embezzled. Note: See section 22653(a) and (b) for removal from private property. d) When the vehicle is illegally parked so as to block an entrance to a private driveway. Note: Use this subsection only for removal from a private driveway. If vehicle is blocking a public driveway, remove under section 22651, subdivision (b), obstructing traffic. (See Veh. Code § 22500, subd. (e), prohibiting parking in front of a public or private driveway.) e) Illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move. (Veh. Code, § 22514.) f) When the vehicle (except maintenance or construction equipment) is stopped, parked, or left standing for more than four hours on a "freeway," and the driver, if present, cannot move the vehicle under its own power. g) When the person(s) in charge of a vehicle upon a highway or public lands is by reason of physical injuries or illness incapacitated to such an extent as to be unable to provide for its custody or removal. Note: This subdivision authorizes removal after an injury 22651 accident. h) When (1) the driver or person in control of the vehicle is arrested and taken into custody, and (2) when an officer serves a notice of an order of suspension or revocation pursuant to section 13388 (the "Zero Tolerance" law) or section 13389. (Veh. Code, §§ 40302, 40302.5, 40303, 40305; Pen. Code, §§ 849a, 853.6a.). Note: Case law provides that, although section 22651statutorily authorizes impounds, an officer must have a justification for the impound that satisfies the "community caretaking" exception to the warrant requirement as well. i) When the vehicle, other than a rented vehicle, is found on a highway or any public lands, and the vehicle has been issued five or more parking citations without response to the agency responsible for processing parking tickets from the owner within 21 calendar days after notice of citation issuance or citation issuance, or 14 calendar days after a notice of delinquent parking. Note: This subdivision also sets out the various conditions that must be met before the impounding law enforcement agency must release the vehicle to its legal owner. j) When the vehicle is illegally parked with no license plates or other evidence of registration. Note: The vehicle remains impounded until evidence of the person's identity and an address in this state are produced. k) When the vehicle is parked and left standing 72 or more hours in violation of a local ordinance authorizing removal. l) When the vehicle is parked on a highway in violation of local ordinance prohibiting parking, and use of the highway is necessary for cleaning, repair, or construction or placing underground utilities, and signs are erected at least 24 hours prior to removal.
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m) When use of highway has been authorized by local authorities for parades, celebrations, fairs or movement of equipment, articles, or structures of unusual size, and signs are erected at least 24 hours prior to removal. n) When the vehicle is parked in violation of local ordinance prohibiting parking and authorizing removal, and signs giving notice of removal are posted. o) When the vehicle is found upon a highway, any public lands, or an off-street parking facility (1) with a registration expiration date in excess of six months before the date of discovery; or (2) displaying a registration card, identification card, temporary receipt, licenses plate, registration sticker, Vehicle Code section 4853 device, or permit not issued for or lawfully used on the vehicle; or (3) displaying a false or forged registration card, identification card, temporary receipt, license plate, registration sticker, Vehicle Code section 4853 device, or permit. p) When the driver has been cited for having no driver's license, or for driving with a suspended or revoked license (§§12500, 14601, 14601.1-14601.5, 14604) and the vehicle has not been impounded pursuant to section22655.5 (i.e., located on a highway or public or private property, and was used to commit a public offense). Note: Previous requirement that no validly licensed passenger be present has been deleted. Note: Subdivisions (o) and (p) of section 22651also set forth the 22651 conditions for subsequent release of the vehicle following impound. q) When the vehicle is parked for more than 24 hours on a portion of highway located within a "common interest development" and signs have been posted. r) When the vehicle is illegally parked and blocks the movement of any legally parked vehicle. s) When the vehicle has been left standing for more than 10 hours within a roadside rest area or view area. t) When a peace officer issues a notice to appear for a violation of Vehicle Code section 25279 (vehicle owned by private security agency flashing amber warning lights where not permitted). u) When a peace officer issues a citation for a violation of Vehicle Code section 11700 and the vehicle is being offered for sale. v) When a mobile billboard advertising display violated a local resolution or ordinance and the registered owner previously was issued a warning citation.
Any peace officer who is entitled to remove vehicles under section 22651 may also remove and impound any fleeing vehicle he or she has been pursuing if: It has been used in violation of sections 2800.1 and 2800.2; It has been abandoned and left unattended by the driver; The removal is for the purpose of investigating, identifying, or apprehending the driver; The vehicle has been abandoned on property that does not belong to the registered owner; The registered owner is not in the vehicle; and The driver is not apprehended before the tow truck arrives. (Veh. Code, § 22651.7.) (a) Parked- Issued 5 parking citations over 5 days w/no response. If non-California 22651.3 registered, warning of tow must be given w/citations 22651.5 (a) Parked-ALARM ACTIVATED for 20 minutes and owner is not located 22651.6 Removal of vehicles used in speed contests 22651.9 Removal of vehicle used to advertise its sale 22652 (a) Parked illegally in a HANDICAP STALL Removal from private property (This section does not authorize the removal of a vehicle 22653 where the owner has been contacted and has refused to grant permission to remove the vehicle.) 22654 (a) Parked in violation of 22500 or 22504 if occupants cannot move 22655 (a) Vehicle involved in HIT & RUN, impound for inspection for 48 hours Vehicle used to FLEE/EVADE Peace Officer if driver is not arrested prior to tow truck arrival or 22655.3 registered owner is not the suspect & is in vehicle
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(a) Remove for EVIDENCE if used as means of committing public offense 22655.5 (b) Vehicle is evidence or contains evidence that can’t be easily removed
22656 Parked on or w/in 7.5’ of a RAILWAY RIGHT OF WAY (a) ABANDONED vehicle 22669 (d) Parked missing engine, transmission, wheels, tires, doors, windshield or other equipment for safe operation 23109.2 (a) Arrested for violation of 23109(a)-SPEED CONTEST 23224 (c) MIP of any alcohol in vehicle, violation of 23224(a) or (b)
14602.6(A)(1) C.V.C. THIRTY DAY HOLD FLOW CHART STEP 1: Does the driver’s history show license status valid? YES NO Stop now. You cannot take the vehicle for 14602.6 or 22651(p) Go to next step. CVC. STEP 2: Does the license status show EXPIRED? YES NO You may take the vehicle pursuant to 22651(p) CVC provided you cite the driver for 12500 CVC, but, you may not place a Go to next step. thirty day hold on the vehicle. STEP 3: Does the license status show NONE ISSUED? YES NO You may take the vehicle and place a thirty day hold on the vehicle pursuant to 14602.6(a)(1) CVC provided the driver Go to next step never has been issued a license and you cite the driver for 12500(a) CVC STEP 4: Does the license status show suspended or revoked? YES NO Go to next step Stop STEP 5: Does the driver history show that the driver has been served with notice of the suspension or revocation action that is currently in effect? Service CODES A, B, D, H, J, M, & P only. Check for terms such as “action ended” or an ending date for the action to make sure you do not use the wrong action for a proof of service. YES NO Go to next step only if you can prove by other means, beyond a reasonable Go to next step doubt, that the driver knew his license was suspended or revoked. If you cannot, stop. Do not risk taking the vehicle if any doubt. STEP 6: Is the authority section for the suspension or revocation any of the sections contained in article 2 commencing with section 13200, ending at section 13209 or article 3 commencing with section 13350, ending at 13376, of division 6 of the Vehicle Code? YES NO YES. You may take the vehicle and place a thirty You may not place a thirty day hold on the day hold on the vehicle pursuant to vehicle. However, you may take the vehicle 14602.6(a)(1)CVC provided you cite/arrest the driver pursuant to 22661(p) CVC provided you cite the for driving when his license is suspended or driver for driving, and his license is suspended revoked. or revoked.
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30 DAY IMPOUND CHEATERS
SUSPENDED AUTHORITY SECTION USE TO ARREST 30 DAY IMPOUND Negligent Operator 12810.5 14601a CVC No, 22651p DSS (Child Support) 11350.6 14601.1(a) CVC No, 22651p FR- Financial Resp. 16070 14601.1(a) CVC No, 22651p FTA-Failure to Appear 13365 14601.1(a) CVC Yes DUI 13352 14601.2(a) CVC Yes Excess B. A. 13353 14601.59(a) CVC Yes Disability 13801 14601(a) CVC No, 22651p Refusal- Chemical Test 13353 14601.5(a) CVC Yes Insurance Cert. Cancelled 16484 14601.1(a) CVC No, 22651p Accident FR 16004a /16070 14601.1(a) CVC No, 22651p Unlicensed (never issued) N/A 12500(a) CVC Yes Unlicensed (expired) N/A 12500(a) CVC No, 22651p 12500(a) VC AND IMPOUND MATRIX 30 DAY STORAGE LICENSE STATUS CITE FOR: CLASS IMPOUND COMMENT AUTHORITY AUTHORITY License Expired 12500(a) M 22651(p) NO Get Positive ID, Print Never Issued 12500(a) M NO 14602.6(a)(1) Driver’s History License Withheld FTA 12500(a) M 22651(p) NO Suspended/Revoked 12500(a) M 22651(p) NO Issue DL 310 W/O Knowledge Suspended/Revoked Add Statement From 14601.1(a) M NO 14602.6(a)(1) R/O To 180. Print Admits Knowledge Driver’s History Suspended/Revoked Add Statement From 14601.1(a) M NO 14602.6(a)(1) R/O To 180. Print W/Service M Driver’s History Suspended/Revoked 12500(a) M 22651(p) NO No Impound DSS Child Support Not Is Possession But Photograph/ 12951(a) I NO NO Valid Thumbprint R/O Had Knowledge Of 14604(a) M N/A N/A Cite R/O Driver’s Suspension Failure To Notify The DMV Within 10 Days Of 14600(a) I N/A N/A Correctable Address Change
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CHP 180 NARRATIVES These narratives are common suggestions, not mandated versions. There is no such thing as a mandated way to write your narratives for the CHP-180. If you have additional information, add it here and explain your actions as well if it's out of the ordinary, such as reasons for the stop, R/O notifications, or justification for evidence/impound. W/Ss may not approve your CHP-180 if you do not justified your impound/storage in some occasions. DRIVER ARRESTED/VEHICLE IMPOUNDED AS EVIDENCE DRIVER (NAME AND BKG#) OF VEHICLE WAS ARRESTED FOR (CHARGE). VEHICLE IMPOUNDED AS EVIDENCE. R/O INFO OBTAINED AND CONFIRMED VIA CLETS/DMV. NO OTHER WANTS SVS. VEHICLE ENTERED INTO SVS AS IMPOUNDED BY (STATION). 22651 (P) CVC SUSPENDED OR UNLICENSED DRIVER DRIVER (NAME) WAS CITED FOR UNLICENSED DRIVER, CITE # . VEHICLE WAS IMPOUNDED PER . R/O INFO OBTAINED AND CONFIRMED VIA CLETS/DMV. NO OTHER WANTS SVS. VEHICLE ENTERED INTO SVS AS IMPOUNDED BY (STATION) STATION SECRETARY AT HOURS. R/O NOTIFIED BY (TELEPHONE, U.S. MAIL, AT THE TIME OF THE INCIDENT) AT HOURS. Note: FOR 12500, 14601, 14601.1, 14601.2 AND THERE IS NO PASSENGER IN VEHICLE WHO HAS VALID CDL AND AUTHORIZATION FROM DRIVER. 22561 (O) CVC EXPIRED VEHICLE REGISTRATION THIS VEHICLE WAS PARKED ON A PUBLIC ROADWAY WITH EXPIRED REGISTRATION DATED AND IMPOUNDED PER . NO WANTS SVS. R/O INFO WAS OBTAINED AND CONFIRMED VIA CLETS/DMV. VEHICLE ENTERED INTO SVS BY (STATION) STATION SECRETARY. 22651 (C) CVC SHERIFF’S STOLEN & RECOVERED VEHICLES THIS RECOVERY OFFSETS LASD/ STOLEN OF (DATE), ABOVE FILE, VEHICLE IMPOUNDED - HOLD. R/O INFO OBTAINED FROM ORIGINAL STOLEN REPORT AND CONFIRMED VIA CLETS/DMV. NO OTHER WANTS SVS. CLEAR MESSAGE ENTERED INTO SVS BY (STATION) STATION SECRETARY. 22651 (C) CVC OUTSIDE AGENCY STOLEN/SHERIFF'S RECOVERY THIS RECOVERY OFFSETS (NAME OF DEPT.) STOLEN OF (DATE) (FILE #). R/O INFO OBTAINED FROM ORIGINAL STOLEN REPORT AND CONFIRMED VIA CLET/DMV. LOCATE MESSAGE SENT TO SVS AND (DEPT) BY (STATION) SECRETARY. 22651 (H) CVC DRIVER ARRESTED/VEHICLE NOT EVIDENCE DRIVER (NAME AND BIG #) OF VEHICLE WAS ARRESTED FOR (CHARGE). VEHICLE STORED PER DRIVER'S REQUEST. R/O INFO OBTAINED AND CONFIRMED VIA CLET/DMV. NO WANTS SVS. VEHICLE ENTERED INTO SVS AS STORED BY (STATION) SECRETARY. 22669 CVC VEHICLE STORED/ABANDONED VEHICLE STORED AS ABANDONED ON (PUBLIC ROADWAY) OVER 72 HOURS. OBVIOUSLY ABANDONED, EVIDENCED BY DEBRIS, FILTHY APPEARANCE, TRASH, ETC. R/O INFO OBTAINED AND CONFIRMED VIA CLETS/DMV. NO WANTS SVS. VEHICLE ENTERED IN SVS AS STORED BY (STATION) SECRETARY. 22651 (B) CVC VEHICLE STORED/TRAFFIC HAZARD VEHICLE STORED AS A TRAFFIC HAZARD. IT WAS ABANDONED ON THE HIGHWAY BLOCKING TRAFFIC LANES. UNABLE TO LOCATE THE DRIVER. R/O INFO OBTAINED AND CONFIRMED VIA CLETS/DMV. NO WANTS SVS. VEHICLE ENTERED IN SVS AS STORED BY (STATION) STATION SECRETARY. 22651 (D) VEHICLE/ILLEGALLY PARKED, BLOCKING DRIVEWAY VEHICLE WAS ILLEGALLY PARKED BLOCKING A PRIVATE DRIVEWAY. UNABLE TO LOCATE DRIVER. R/O INFO OBTAINED AND CONFIRMED VIA CLETS/DMV. NO WANTS SVS. VEHICLE ENTERED IN SVS AS STORED BY (STATION) STATION SECRETARY. VEHICLE STOLEN VICTIM STATED THAT BETWEEN THE INDICATED TIMES, PERSON(S) UNKNOWN STOLE (HIS/HER) LOCKED VEHICLE WHICH HAD BEEN PARKED (LOCATION). R/O INFORMATION OBTAINED FROM VICTIM AND VERIFIED FROM DMV VIA CLETS. VEHICLE ENTERED INTO SVS AS STOLEN BY (STATION) STATION SECRETARY. PLATES VICTIM STATED THAT BETWEEN THE INDICATED DATES AND TIMES, PERSON(S) UNKNOWN STOLE THE FRONT/REAR LICENSE PLATE FROM THE ABOVE VEHICLE. R/O INFO OBTAINED AND CONFIRMED THROUGH CLETS/DMV VIA MDT. NO WANTS SVS. LICENSE PLATE(S) ENTERED INTO SVS BY (STATION) STATION SECRETARY.
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LICENSE PLATES MPP Sections
5-01/110.00 LICENSE PLATES A CHP-180 shall be utilized to report a license plate which is: Stolen or lost; Recovered or found; and/or Impounded for misuse. This form shall be written in black ink or #2 pencil. Tabs/stickers which are stolen, lost, recovered or found shall not be entered in SVS.
5-01/110.05 STOLEN/LOST LICENSE PLATES The Deputy taking the report of a stolen or lost license plate shall be responsible for preparing a stolen or lost plate report on the appropriate side of a CHP-180 as follows: Complete the uppermost portion of the form; Write the words - PLATE ONLY - across the spaces marked year, make, model and body type and provide license plate information; Provide registered owner (R/O) information; Complete suspects section, if applicable; Assign an URN to the report; Provide the following information in remarks section: o indicate whether one or two plates involved; and o brief statement regarding circumstances; Obtain signature of person making stolen or lost plate report; and Signature, title and employee number of reporting Deputy. The Deputy shall advise the person making the report of the owner's responsibility to notify DMV per Vehicle Code sections 4457 and 4458.
5-01/110.10 RECOVERED/FOUND LICENSE PLATES The Deputy taking a report of a recovered or found license plate shall be responsible for first making a query to SVS for any record of a stolen.
If SVS shows the plate as stolen, the Deputy shall be responsible for preparing a recovered plate report on the appropriate side of a CHP-180 as follows: Complete the uppermost portion of the form; o If recovery of Sheriff's stolen, use same URN as on stolen and mark report as "supplemental" along the top margin of the form. If recovery of another agency's stolen, obtain URN; Write the words - PLATE ONLY - across the spaces marked year, make, model and body type and provide license plate information; Indicate whether or not license number is clear in SVS; If recovery of another agency's stolen, provide name, date and case number. If LASD stolen, show name and date only; Complete R/O information; Provide following information in remarks section: o indicate whether one or two plates involved;
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o location of occurrence; o Arrest made, if any; and o Brief statement regarding circumstances; Signature, title and employee number of reporting Deputy.
If SVS does not show a record of the plate as stolen, the Deputy shall be responsible for preparing a found plate report on the appropriate side of a CHP 180 as follows: Complete the uppermost portion of the form; Write the words - PLATE ONLY - across the spaces marked year, make, model and body type and provide license plate information; Complete R/O information; Provide the following information in remarks section: o indicate whether one or two plates involved; o location of occurrence; and o brief statement regarding circumstances Signature, title and employee number of reporting Deputy.
5-01/110.15 WRONG PLATES ON RECOVERED VEHICLE When a stolen vehicle is recovered and the license plates on the vehicle are not registered to that vehicle, both the vehicle and the plates shall be made the subject of individual reports. Each report shall have the same URN.
5-01/110.20 PROPERTY LABEL ON RECOVERED/FOUND PLATES Recovered or found plates shall be brought to or held at the Station/Unit pending pickup by the Central Property Custodian and shall be placed in the Station or Unit property room after they have been tagged. The property label shall show the status of this property, e.g., "Hold for Safekeeping," "Hold for Evidence," etc. Ultimately, all such plates not claimed by the owner shall be returned to DMV.
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TRAFFIC COLLISION INVESTIGATION GUIDE For Line Procedures, see MPP Volume 5, Chapter 5.
MPP 5-05/030.30 TRAFFIC COLLISION CITATION - ADULTS A Notice of Violation shall be prepared only by a deputy who has successfully completed a Basic Traffic Collision Investigation Course approved by the Commission on Peace Officer Standards and Training (POST) in accordance with provisions of Vehicle Code Section 40600.
MPP 5-05/040.10 AT-SCENE RESPONSIBILITIES A deputy at the scene of a traffic collision shall: Aid injured persons as necessary, Safeguard persons and property, Establish necessary traffic control, Take necessary action if violations of law are observed. If the collision is in a contract city, the deputy shall take a report as appropriate. If the collision is not in a contract city, the deputy shall render assistance as necessary and notify the agency of jurisdiction via the Sheriff's Communication Center.
MPP 5-05/050.05 CONTRACT CITY - HIGHWAY/OFF-HIGHWAY TRAFFIC COLLISIONS All traffic (highway) collisions and non-traffic (off-highway) collisions which occur within a contract city shall be documented on either a Traffic Collision Report (CHP-555) form or a Traffic Collision Report - Property Damage Only (CHP-555-03) form as appropriate.
MPP 5-05/050.25 UNINCORPORATED AREA The California Highway Patrol is responsible for the investigation and reporting of traffic collisions in the unincorporated areas of the County.
A Department unit shall respond to a traffic collision in unincorporated areas when: CHP advises an extended response time and specifically requests this Department handle a collision, A fatality is reported under circumstances which cause doubt that the death was attributable to the collision (Refer to the "Fatality-Unincorporated Area" section of the chapter.) Department personnel or vehicles are involved, Information exists alleging violations of the Penal Code or County ordinances in conjunction with the collision.
Traffic Collision Investigation Criteria Death of Person Identifiable Violation and Prosecution Will Personal Injury Be Sought School Bus Identifiable 20002 In Custody Arrests for CVC 2800.1, 20002, Government Owned Vehicle 23152
Traffic Collision Report Criteria Injury (Off-Highway) Property Damage Only Complaint of Pain Only (Not Visible) Late-Reported Injury Damage to Private Property, No Identifiable Requested Report Information Per Private Person's Arrest
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MPP 5-05/050.10 TRAFFIC COLLISION REPORT (CHP-555) A traffic or non-traffic collision which occurs within a contract city shall be documented on a Traffic Collision Report (CHP-555) when the collision involves: A fatality, injury, or complaint of pain; Hit-and-run with workable information; Public property; and Anticipated prosecution for any Vehicle Code or ordinance violation.
"Workable information" includes any statement or physical evidence that provides sufficient information for traffic investigators to possibly identify either the vehicle or party involved, such as: Partial or complete license plate numbers; Description of a vehicle with unique markings; Description of an involved party with distinct characteristics.
The report shall always include a sketch. The report narrative shall conform with the procedures outlined in the California Highway Patrol Collision Investigation Manual (CIM).
The report and report narrative shall NOT be written using any pre-prepared check-off format and shall include a factual diagram when the following applies: The collision results in a fatality; The collision results in serious injury which may become a fatality; The collision involves an on-duty Department employee, a mileage permittee, or a Department or contract city vehicle and results in a fatality, injury, or complaint of pain; The report and the factual diagram have the potential to assist in the prosecution of a crime exceeding the seriousness of an infraction.
Traffic collisions shall only be documented on a Traffic Collision Report – Property Damage Only (CHP- 555-03) form when the following applies: The collision does not result in any injuries or complaints of pain; The collision only involves two vehicles; The collision is a hit-and-run misdemeanor with no workable information.
Beat The investigating deputy's unit number and shift shall be entered in the space for "Beat."
NCIC Number The Department's assigned NCIC number, 1900, shall be entered in the space for "NCIC."
MPP 5-05/050.15 TRAFFIC COLLISION REPORT - PROPERTY DAMAGE ONLY (CHP-555-03) A traffic or non-traffic collision which occurs within a contract city shall be documented on a Traffic Collision Report - Property Damage Only (CHP-555-03) form when the collision involves: No injuries; and Page 2 may be used if there are No public property; more than two parties. Enter No anticipated prosecution; one or "Property Damage Only" in the top two parties (The CHP 555-Page 1 margin of Page 1).
Property Damage Only reports shall be completed in the field and copies distributed to the involved parties. When more than two parties are involved, the parties should be advised to obtain a copy of the report at the station/unit. A Property Damage Only report shall be completed as outlined in the California Highway Patrol Collision Investigation Manual. The report shall also include the following: Area of Impact (AOI) measurements (optional on private property); Sketch; Statements, cause, and major items of evidence (such as paint transfer and skidmarks).
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REPORT WRITING: T/C NARRATIVES
FACTS DO NOT ENTER OPINIONS IN THE FACTS SECTION. OMIT SECTIONS NOT APPLICABLE. 1. NOTIFICATION. a. Type and time of call, response location, and arrival time. b. Statement that speeds and measurements are approximate and how obtained; e.g., rolatape, pacing.
2. SCENE DESCRIPTION. a. Road alignment, surface, name of roadway and orientation, etc. b. Fixed or other objects. c. Type(s) of traffic control.
3. PARTIES. 1. Party's name, how identified, and how determined as the driver. 2. Location of vehicle. 3. Observed mechanical defects. (Repeat sequence for all parties.)
4. PHYSICAL EVIDENCE. 1. Type of skidmark, location, length. 2. Debris and vehicle parts. 3. Other physical evidence. 4. Disposition of collected evidence.
5. HIT AND RUN. 1. Description of subject vehicle, party, clothing. 2. Who can identify subject and place him/her behind the wheel at the scene. 3. Follow-up activities or explanation for no activity.
6. HAZARDOUS MATERIALS. 1. Trade and chemical names. 2. Presence/absence of placards, labels, shipping papers. 3. Type of packaging. 4. Cleanup contractor, methodology, disposition of waste material.
7. OTHER FACTUAL INFORMATION. 1. Driver license restrictions, party's physical defects, etc.
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STATEMENTS
1. Need not be verbatim but shall record pertinent substance of statement, eliminating unnecessary detail. Statements shall include pre-crash, at-crash, and post-crash details. a. Identify parties and witnesses by number and last name. b. If statement is obtained by question and answer technique, include both question and answer. c. When written statements obtained, "Statement attached" is sufficient. d. Statement need not repeat previous statements. e. If no statement obtained, so state, and the reason why. f. If not previously noted, indicate location of witness at time of observance.
OPINIONS AND CONCLUSIONS 1. SUMMARY. Opinion of how the collision occurred based on physical evidence, statements, etc. Should be a complete description of how collision occurred.
2. AREA OF IMPACT (AOI). a. State how AOI was determined; e.g., physical evidence, statements. b. Locate AOI with a minimum of 2 measurements. c. If more than one AOI, repeat 2.a. and 2.b. for each.
3. INTOXICATION NARRATIVE. a. Party's action. b. A general statement that FSTs were given, the party did not perform as explained and demonstrated, and the party concerned was determined to be under the influence. c. How the erratic driving and intoxication were proven. d. Location, description, disposition and who discovered alcohol/drug. 5. CAUSE. a. Record who was at fault and how fault was determined by PCF by code section. b. In felony cases include how the act or neglect was the proximate cause of injury.
RECOMMENDATIONS
Note any follow-up action needed. If no recommendations, state "none." Indicate requested prosecution, outline all charges sought. Indicate that citation was issued or a complaint will be filed.
CVC 8594.5 Establishes the “YELLOW ALERT” notification system for specified hit-and-run incidents resulting in death or serious bodily injury. Law enforcement agencies can request CHP to activate a “yellow alert” if identifying information of the suspect(s) is available and public dissemination will aid in apprehending the suspect(s).
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COLLISION SKETCH AND FACTUAL DIAGRAM
SKETCH. Represents the officer's OPINION of how collision occurred. FACTUAL DIAGRAM. Represents the scene as the officer found it. Required on investigations.
TRUCK/BUS COLLISION SUPPLEMENTAL REPORT (CHP 555D)
1. If an collision involves a truck or bus, the investigating officer must determine whether the collision qualifies as a "reportable" collision as defined by the National Governors' Association (NGA). 2. There are two conditions that the officer must consider when determining if the incident must be reported.
Both of these conditions must be met:
Qualifying Vehicles. The collision must involve either: • Any power unit with a GVWR of 10,001 pounds or more, or • A vehicle displaying a hazardous material placard, or • A bus with seating for more than 10 persons including the driver. AND Severity of the Collision. The collision must result in: • At least 1 fatality, or • At least 1 injury severe enough for the injured person to require transportation from the scene for immediate medical attention, or • At least 1 involved vehicle sustaining "disabling damage" or a "disabling event."
If the collision is determined to be "reportable," a separate CHP 555D must be completed for each qualifying vehicle.
THE FOLLOWING PAGES CONTAIN COMMON USED CODES, SKETCH AND SYMBOLS FOR THE TRAFFIC COLLISION REPORTS. SEE THE CIM FOR MORE DETAILS
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TRAFFIC COLLISION REPORTING PROCEDURES FOR SUPERVISORS
ON-DUTY VEHICLE ACCIDENT / INCIDENT REPORTING
The following paperwork must be forwarded to Traffic Services Detail:
TYPE OF INCIDENT SH-AD-49 SH-R-665 SH-R-257 SH-AD-32A CHP-555 Traffic Collision X X X* X (470,471,472 or 504 stat) Vehicle Incident X X X* (441Stat) Vandalism X X X* Pursuit Collision X X X X X (RC not involved) Work Damage X X X* Mechanical Failure X X X* *NOTE: SH-AD32A not needed if using SH-R-257 (REV 2/10)
The 665 must be faxed to Traffic Services Detail within 48 hours at (323) 890-5467. (The signatures on the back are not required on the faxed copy)
Traffic Collision is defined as any unintended event causing damage or injury.
Vehicle Incident is described as contact between a patrol car and another vehicle or object which does not result in damage or injury, but needs to be documented. No collision report is taken.
Pursuit Collision means the suspect collided with another vehicle or object and no patrol cars were involved in the collision.
To obtain a driver’s prior preventable collision information and/or a PDE number, email a brief synopsis of the current collision to the Preventable Traffic Collision Help Desk in Outlook or from the PDE module of PPL.
CHP-555: Traffic Collision Report Form (completed by agency having jurisdiction)
SH-AD-49: Complaint Report (crime report form)
SH-AD-665: County of Los Angeles Report of Vehicle Accident or Incident. To be completed by operator of vehicle
SH-R-257: Supervisor’s Report of Damage to County Vehicle or Permittee's Vehicle
SH-AD32A: Office Correspondence (Supervisor’s Comprehensive Memorandum)
Contact the Traffic Services Detail at (323) 890-5400 for any questions.
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FATAL TRAFFIC COLLISION HANDLING GUIDELINES MPP 5-05/060.15 FATALITY - CONTRACT CITY A traffic collision which results in a fatality, or in a serious injury which may become a fatality, shall be handled, reported and investigated only by a Deputy who has successfully completed a Basic Traffic Collision Investigation Course which is approved by the Commission on Peace Officer Standards and Training (POST).
ARRIVAL AT THE SCENE: _____ Request sufficient assisting units _____ Scene safety (power lines, water hazard, etc.) _____ Identify injured parties _____ Request Fire/Rescue/Ambulance: Engine Company: ______Captain/Paramedic: ______Pronounced by: ______Time: ______Ambulance: ______Attendant: ______Assist injured parties
INITIAL INVESTIGATION: _____ Identify, separate, and detain involved parties (obtain I.D.) _____ Identify and separate witnesses (obtain I.D.) _____ Identify and separate passengers (obtain I.D.) _____ Identify/apprehend suspects (e.g. vehicular manslaughter, DUI) _____ Major Incident Log
IMMEDIATE NOTIFICATIONS _____ Watch Commander: Name: ______Time: ______Traffic Supervisor: Name: ______Time: ______Traffic Services Detail: Name: ______Time: ______(During office hours (323)890-5400 / After-hours contact SIB (323) 267-4800) _____ Homicide Bureau: Name: ______Time: ______(Homicide Bureau will notify Coroner’s Office and obtain Coroner’s case number)
SCENE/EVIDENCE PRESERVATION: _____ Do not move fatally injured persons (if emergent circumstances exist, contact Homicide Bureau and request permission to move the body; mark the position of the body before you move it.) _____ Do not move vehicles (if emergent circumstances exist, mark the position of all tires prior to moving) _____ Protect skid marks, collision debris and vehicle parts _____ Divert traffic around the scene (tape, cones, request assistance from city/tow company) _____ Identify Body Parts _____ Protect cellphones, shoes, clothing, glasses, dentures, etc.
ADDITIONAL INVESTIGATION: _____ Interview witnesses (they are not obligated to stay) ON VIDEO _____ Interview parties ON VIDEO _____ Interview passengers ON VIDEO _____ Photograph the scene (before moving vehicles, debris, or marking on the ground) _____ Measurements (A.O.I., P.O.R., (all tires) roadway, skid marks, gouges, scrapes, etc.) _____ Vehicles (damage location, mechanical failure) _____ Roadway (condition, vision obstruction) _____ Collect evidence (e.g. hit and run, DUI) Mandatory- S.F.S.T’s /blood draw on all drivers _____ Impound vehicle (e.g. hit and run, vehicular manslaughter) _____ Code 20
TRAFFIC COLLISION REPORT: _____ Complete CHP-555, 556 to include sketch and diagram to reasonable proportion _____ Request supplemental reports from assisting units
NOTIFICATIONS: _____ Hospital to which victim was taken: ______Doctor pronouncing death: ______Time of death: ______Deputy Coroner: ______Coroner’s case number: ______Disposition of the body: ______Next of kin: Name: ______Relationship:______Notified by: ______Time of notification: ______
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TRAIN COLLISON INVESTIGATION CHECKLIST Operation Lifesaver California ENGINEER’S INFORMATION: (E) Name (F) Work Address (G) DOB (H) Work Telephone Number (I) Time of Collision (J) Estimated Train Speed NOTE: Driver’s License number is not permitted on report per CVC 12953
CONDUCTOR’S INFORMATION: • Name • Work Address • DOB • Work Telephone Number NOTE: Driver’s License number is not permitted on report per CVC 12953
TRAIN INFORMATION: • Lead engine number (total number of engines) • Preservation/disposition of event recorder • Train ID number • Number of cars in the train • Name and address of railroad operating train • Name of the host railroad (owner of tracks) • Additional train crew member
ENGINE INSPECTION: • Headlight working? • Horn working? • Bell working?
MISCELLANEOUS INFORMATION: • Train car number stopped on the crossing • Distance from train car to POI • Additional witnesses (do not use passengers) • Gear shift position on vehicle involved • Key ignition position/Radio volume position If no additional information is needed from the train crew, consider releasing the train.
RAILROAD CROSSING SIGNALS: • Identify the type of crossing – Gates/Bells/Lights or Lights/Bells or Crossbuck/Stop Sign, etc. • Railroad crossing device operating upon your arrival? Gates in down position? Note in your report.
OTHER CROSSING CHARACTERISTICS: • Advance warning signs in place • Crossing surface – visual obstructions • Pavement markings • DOT/AAR crossing ID number • Citation issued to driver
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RAILROAD RELATED COLLISIONS Newsletter, Volume 07, Number 11, Date: August 1, 2007
LEGAL ISSUES
Any device (train, locomotive, rail cars) that is used exclusively upon stationary rails or tracks is not a vehicle per California Vehicle Code (CVC) § 670. A driver’s license is not required to operate a train, however, a Federal Railroad Administration (FRA) operator’s license is required. Deputy personnel should be familiar with CVC §12953 which states, “In any circumstances involving accidents or violations in which the engineer or any other crew member of any train is detained by state or local police, the engineer or any other crew member, shall not be required to furnish a motor vehicle operator’s license, nor shall any citation involving the operation of a train, be issued against the motor vehicle operator’s license of the engineer or any other crew member of the train.” Deputy personnel should ask for the FRA operator’s license and use the FRA operator’s license number for all reports.
Trespassing on railroad property is a violation of Penal Code §369i. Generally, a railroad right-of-way (where the tracks run) is private property owned by the respective railroad company. Before enforcing trespass incidents, confirm property ownership and ensure that the trespasser is within the boundaries of the railroad property.
HAZARDOUS MATERIALS SPILLS
Trains transport many different types of substances and chemicals which could be hazardous if spilled. In the event of a rail car spill, extreme caution must be taken to prevent exposure to a potentially hazardous substance. Locomotives themselves carry between 2,000 and 4,000 gallons of #2 diesel fuel, which if spilled creates a hazardous material (HazMat) incident. The cargo on a freight train can consist of just about anything. In the event of a HazMat spill:
• Treat any unknown substance as lethal. • Stay out of the contaminated area. • Stay upwind, uphill, upstream and avoid low lying areas. • Maintain a safe isolation distance. Depending on the substance spilled, an initial safe distance could be as far away as 1500 feet (Refer to the Emergency Response Guidebook for initial isolation zone distances). • Request County Fire HazMat team via Sheriff’s Radio (The team will handle hazardous material issues only and will coordinate with the rail company’s HazMat teams, the NTSB and AQMD if necessary). • Secure the scene - Note HazMat Placard numbers to assist fire department personnel in determining type of material. • Notify Field Sgt. and Watch Commander • Notify Emergency Operations Bureau and Sheriff Headquarters Bureau. • Begin a Major Incident Log.
TRAIN COLLISIONS
During any railroad investigation at the scene of a train collision, keep in mind that the train crew is under enormous pressure to keep the train moving. Shutdown of a main rail line can back up rail traffic throughout the county, even affecting statewide train timetables, and may have a devastating financial impact on the railroad company. Please balance your need to investigate a rail related incident against the necessity of a train crew to leave as quickly as practical.
Remember, a train is not classified as a vehicle. A traffic collision report is used only when the train collides with a vehicle. All other incidents are considered non-traffic matters. Train collisions are the responsibility of the local police or sheriff having jurisdiction of that area, not the railroad police. Collisions in a contract
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city are handled by station personnel. If a fatality results, notify the station traffic supervisor. Collisions in unincorporated areas are handled by the California Highway Patrol (C.H.P.).
When investigating any train related collision, consider the following factors: • Determine the total number of trains, train cars, and locomotives involved. • Confirm placement of advance warnings such as RR signs posted and painted on street. • Check for operational status of automatic gates. • Check for operational condition of the train engine’s lights and horn. • If it can be determined, estimate speed of train at impact. • Locate and interview witnesses. Keep in mind that a train passenger’s view outside the train is very limited due to train car construction. Seriously reconsider interviewing ALL of the train passengers. It may be counter-productive.
COLLISION REPORTS
When completing the CHP 555 or 555-03, Property Damage Only (PDO) report for any train v. vehicle collision, check “Other” in the “Party” section and explain the involvement of a train in the narrative. For “Party” information, use the Conductor’s name and birthday as this person is in charge of all personnel and equipment. Also obtain the Engineer’s identity as part of the passenger section. For the “License Number” box, include the railroad company name, locomotive number and railroad right-of-way owner information if different. In the “Motor Vehicle Involved With” section, check box “F” (train). Record the
United States Department of Transportation (U.S. DOT) crossing number. This number can be found on the signal gate, sign post or on the crossing bungalow.
TRAIN/VEHICLE COLLISION AT GRADE CROSSING
Property Damage Only • Use CHP 555-03 (PDO) File retention of 1, stat code 472 Injury Collision • Request paramedics • Access situation, provide or direct emergency aid as necessary • Note location of locomotive’s “Black Box” (event recorder) and if it is removed, identify who is taking custody. Deputies shall not take or tamper with this equipment. • Use CHP 555 (Long form) File retention is 1, stat code 471
Fatality • Same as above • Secure the scene • Notify Homicide Bureau, (323-890-5500). They will contact Coroner’s Office. • Use CHP 555. File retention is 0, stat code is 470
Bicycle • If the collision occurred on the highway (as defined in 360 V.C.) handle as a vehicle collision and use appropriate traffic form.
NON-TRAFFIC
Pedestrian • Depending on pedestrian’s condition, treat as a “Person Injured” or “Person Dead” incident. • If a fatality, notify Homicide Bureau. They will contact Coroner’s Office • Use SH-R-49. File retention is 1 for injury or 0 for fatality. Stat code 481 or 496 as determined. Suicide • Secure the scene
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• Notify Homicide Bureau. They will contact the Coroner • Record all information as if a fatality incident. • Use SH-R-49. File retention is 0, stat code is 45X. EXPLOSIONS / POSSIBLE TERRORIST ACTS • Secure scene • Start a major incident log • Notify Arson/Explosives - (323-881-7500) • Notify station Terrorism Liaison Officer if available or Terrorism Early Warning Group if terrorist related. Complete Terrorism Lead Sheet. • Use SH-R-49 - File retention is 4 (or 0), stat code is 333 (05X if injury / 01X if death)
CONTACT PHONE NUMBERS
UNION PACIFIC RAILROAD BURLINGTON NORTHERN SANTA FE (BNSF) Police Dept. Train Disp. (888) 877-7267 Police Dept. (800) 832-5452 Critical Call Desk (888) 877-7267 Train Disp. (800) 285-2164 Broken gates (800) 848-8715
METROLINK Central Control Center (Pomona) (909) 593-0661
MTA - DISPATCH CENTERS AMTRAK Red Line (323) 563-5290 Police (800) 331-0008 Blue Line (323) 563-5015 Green Line (323) 563-5298 Gold Line (323) 563-5055
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VEHICLE TYPE CODES VEHICLES TRAILERS SPECIALIZED VEHICLES 01 - Passenger Car 41 - Ambulance 02 - Motorcycle 42 - Dune Buggy 03 - Motor Driven Cycle/Scooter 43 - Fire Truck 04 - Bicycle 32 - Pull 44 - Fork Lift 05 - Motorized Bicycle 45 - Hwy. Construction Equip. 06 - All Terrain Vehicle 46 - Implement of Husbandry 07 - Sport Utility Vehicle 34 - Boat 47 - Motor Home 08 - Mini-vans 48 - Police Car 49 - Police Motorcycle BUSES 50 - Mobile Equipment 09 - Paratransit 51 - Farm Labor Vehicle (Certified) 10 - Tour Bus 55 - Two-Axle Tow Truck 11 - Other Commercial 56 - Three-Axle Tow Truck 12 - Non-Commercial Bus 57 - Farm Labor Vehicle 13 - School Bus Public Type I 58 - Farm Labor Transporter 14 - School Bus Public Type II 59 - Motor Home > 40 Feet 15 - School Bus Private Type I 16 - School Bus Private Type II MISCELLANEOUS HAZARDOUS MATERIAL 17 - School Bus Contractual Type I 60 - Pedestrian 18 - School Bus Contractual Type II 61 - Second or Additional Enforcement Action(s) 19 - General Public Paratransit 72 - Pickups and Panels 20 - Public Transit Authority 62 - Passengers 63 - Youth Bus 94 - Go-ped, ZIP Electric scooter, Motorboard 64 - School Pupil Activity Bus Type I 95 - Misc. Non-Motor Vehicle 65 - School Pupil Activity Bus Type II 96 - Misc. Motor Vehicle (Snowmobile, Golf Cart) 97 - Low Speed Vehicle TRUCKS/TRUCK TRACTORS 98 - Emergency Vehicle (On Emergency Run) 21 - Two Axle Tank Truck 99 - Unknown Hit and Run Vehicle Involvement 22 - Pickups & Panels 23 - Pickup w/Camper HAZARDOUS MATERIAL 24 - Three Axle Tank Truck 71 - Passenger Car, 25 - Truck Tractor 72 - Pickups and Panels 26 - Two Axle Truck (Non-Certified) 73 - Pickup and Camper 27 - Three or More Axle Truck 75 - Truck Tractor 76 - Two-Axle Truck TRAILERS 77 - Three or More Axle Truck 28 - Semi Tank Trailer 78 - Two-Axle Tank Truck 29 - Pull Tank Trailer 79 - Three-Axle Tank Truck 30 - Two Tank Trailer 31 - Semi HAZARDOUS WASTE OR HAZARDOUS 32 - Pull 81 - Passenger Car, Station Wagon, Jeep 33 - Two Trailers (Includes Semi & Pull) 82 - Pickups and Panels 34 - Boat 83 - Pickup and Camper 35 - Utility 85 - Truck Tractor 36 - Trailer Coach 86 - Two-Axle Truck 37 - Extralegal Permit Load 87 - Three or More Axle Truck 38 - Pole, Pipe, or Logging Dolly 88 - Two-Axle Tank Truck 39 - Three Trailers 89 - Three-Axle Tank Truck 40 - Federally Legal Semi 52 - Federally Legal Double 53 - Fifth Wheel Travel Trailer 54 - Container Chassis
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SKETCH SYMBOLS
194 PATROL READY REFERENCE/ O. MARTINEZ #540664 / Rev. 01/2017
QUICK SPANISH CHEATER FOR LAW ENFORCEMENT
ENGLISH SPANISH Do You Speak Spanish? ¿Habla Español? Do You Need Help? ¿Necesita Ayuda? Show Me Your Hands A Ver Sus Manos Hands Up Manos Arriba Drop The Weapon Suelte El Arma Do You Have A Weapon? ¿Tiene Armas? Get Back Hagase Atras Turn Around Dese Vuelta Don’t Move No Te Muevas Silence Silencio Turn Off The Car Apague El Carro Get Out Of The Car Salga Del Carro Get Out Of The House Salga De La Casa Get Out Of The Room Salga Del Cuarto Where Did He/She Go? ¿A Donde Fue? Did They Have Weapons? ¿Tenian Armas? What Kind Of Car? ¿Que Tipo De Carro? Small Car? Big Car? ¿Carro Chico? Grande? Truck? Sport Utility? ¿Camioneta? Deportiva? Light Colored? Dark? ¿Color Claro? Ozcuro? Did You See The Plate? ¿Vio La Placa? Age of the Man/Woman? ¿Edad Del Hombre/Mujer? What Race Are They/You? ¿De Que Raza Son/Eres? Drugs/Narcotics? ¿Drogas/Narcoticos? License? ¿Licensia? What’s Your Date of Birth? ¿Su Fecha De Nacimiento? What’s Your Address? ¿Que Es Su Domicilio?
195 PATROL READY REFERENCE/ O. MARTINEZ #540664 / Rev. 01/2017
2017 LASD STATISTICAL CODES
01 - Criminal Homicide 18 – Narcotics (CS: Controlled 39 - Misdemeanors, Miscellaneous 70 - Non-Criminal 80/81/82/83/84/85/86/87/88/8 011 Murder Substance) 390 Cruelty to Animals 700 Alarm - Burglary (see 398 for violations) 012 Manslaughter, Voluntary/Involuntary 181 (New) - Felony Transportation and/or 391 Trespassing 701 Alarm - Robbery (see 398 for violations) 9 - Other/Clearance Codes 01 - Criminal Homicide Sales of a Controlled Substance (Except 392 Public Nuisance 702 Animals 800 Directed Patrol Time 013 Deputy Involved Shooting - Suspect. Marijuana) 393 Fish and Game Violation 703 Fire Alarm Deceased 182 - Felony Transportation, Sales or 394 Reg. Sex Offenders (LACO 13.59.100) 704 Assist Foreign Police /Government 805 Predictive Policing 02 - Rape, Forcible Possession of Marijuana, Concentrated 395 Manslaughter [not Neg Driver] 705 Restraining Orders Activities 021 Rape by Force, Female 18 and over Cannabis or Hashish 396 Contributing to Delinquency 706 Inj. to Community Services Worker/ 022 Attempt Rape by Force, Female 18+ 183 - Under the Influence of Narcotic 11550 397 Parole / Probation Violation Work Rel. IM 810 Search Operations 023 Rape by Force, Female under 18 HS (Controlled Substance). Does Not 398 Alarm Violation 707 Suspicious Circumstances - Poss Elder 811 Parole Compliance 024 Attempt Rape by Force, Female -18 Include 647(f) PC, Drunk/Drugs See Codes 399 All Other Misdemeanors Abuse 025 Rape by Force, Male 18 and over 201, 202, 203 40 - Persons Missing or Found 708 Suspicious Circumstances - Poss Check 026 Attempt Rape by Force, Male 18+r 184 (New) - Felony Possession of a 400 Adult, Missing, Lost or Found Domestic Violence 813 PALS Absconders 027 Rape by Force, Male under 18 Controlled Substance (Excluding Marijuana) 401 Juvenile, Found 709 Suspicious Circumstances - Poss 028 Attempt Rape by Force, Male under 18 185 (New) - Misdemeanor Possession of a 402 Juvenile, Lost, Runaway, Missing Terrorist Activity 814 PRCS Compliance 03 - Robbery, Weapon Controlled Substance (Excluding Marijuana) 403 Juvie, Lost/Run. - Missing (Other Agen.) 71 - Non-Criminal Check 031 Highway, etc (If Veh use 038 / 039) 186 - Found Narcotics 404 Found Adult - Other Agency 710 Follow Up 032 Store, Business, Hotel, Motel, etc. 188 - Misdemeanor Possession of 41 - Juvenile, Non-Criminal 711 Police Hazard - Vacation Check 815 PRCS Address 033 Service Station Marijuana, Concentrated Cannabis or 410 Juvie, Dependent [300 WIC] 712 Police Hazard - Other Verification 034 Convenience Store, Fast Food, Rest. Hashish 413 Transient - Out of State 713 Rescue 035 Residence 189 - Marijuana Infraction (Possession of 414 Incorrigible (601 WIC) 714 Safety Hazard 819 Mileage 036 Bank Less Than 1 oz.) 415 School Laws Habit. Truant (601b WIC] 715 Elder / Dependant Adult Abuse, 820 Overtime 037 Other 19 - Liquor Laws 416 SCAR - Further Investigation Req. Allegation Only 038 Carjacking 191 Sell Liquor to Minor 418 Supp Circs - Possibly Child Abuse 716 Suspicious Person 821 Details 039 Cargo Hijacking 192 Poss/Use/Furn. Minor False Evid of Age 419 SCAR - No Crime 717 Suspicious Person in Vehicle 822 COPS Program 04 - Robbery, Strong-arm 193 Possession of Alcohol by Minor 42 - Commitments 718 Suspicious Vehicle 041 Highway, etc (If Veh use 048 / 049) 194 Minor on or Employed on Premises 420 Drunk Commitment 719 Foot Patrol 823 STAR Program 042 Store, Business, Hotel, Motel, etc. 195 Drinking in Vehicle 422 Involuntary Narcotic 72 - Vehicle / Boating / Train Laws, 825 CBIS Referrals 043 Service Station 196 Possession of Open Container in Park 423 Voluntary Narcotic Citations 044 Convenience Store, Fast Food, Rest. 197 Storage of Open Container 43 - Immigration 720 Hazardous Citation 830 Firearms Related 045 Residence 198 All Other Liquor Law Violations 431 False Docs - Manufacture / Sales to 721 Non-Hazardous Citation Incidents 046 Bank 199 Furnishing Tobacco to Minors Conceal True Citizenship (Felony) 722 Parking Citation 047 Other 20 - Drunk 432 False Documents - Use to Conceal True 723 Warning Given 831 Family Abuse Related 048 Carjacking 201 Drunk, Alcohol Citizenship (Felony) 724 Juvenile Citation, Infraction Incidents 049 Cargo Hijacking 202 Drunk, Drugs 436 False Documents - Manufacture / Sales 725 Juvenile Citation, Alcohol Related 05 - Assault, Felonies 203 Drunk, Marijuana to Conceal True Citizenship (Misd) 726 Juvenile Citation, Transit Related 832 Commercial Sexual 050 Spousal Assault / Domestic Violence 21 - Disorderly Conduct 44 - Non-Criminal 727 Juvenile Citation, Curfew Exploitation of Children 051 ADW - Gun 210 Interfering With School Activities 440 Other, i.e., Explosions (No Fire or 728 Smoking in a Place of Employment 052 ADW - Knife 212 Disturbing the Peace / Court Bomb), Possible Narcotic Activity or 729 Juvenile Citation, Truancy 833 Blue Check 053 ADW – Other 213 Unlawful Assembly / Fail to Disperse Possible Found Narcotics, Surrendered 73 - Vehicle / Boat, Other Non-Criminal 835 ASAP-ALPR/Mobile 054 ADW - Hands, feet, fist, etc. 214 Riot or Rout and Incitement of Riot Firearm 055 ADW - On Peace Officer - Gun 216 Peeping and or Prowling 441 Special Investigation 730 Traffic Hazard 836 ASAP-ALPR/Fixed 056 ADW - On Peace Officer - Knife 217 Telephone Annoyance 442 Property, Lost / Found / Recovered 731 Vehicle / Boat Disturbance 837 ASAP-ALPR/CCTV 057 ADW - On Peace Officer - Other 218 Loud Party - Warning Issued / Rpt. 443 Erroneous Release 732 Vehicle / Boat Recovered (LASD 058 ADW - On PO - hands, feet, fists 219 Loud Party - Verbal Warning Issued 444 Susp Circs - Poss Criminal Activity Jurisdiction) MDT ONLY 838 ASAP-ALPR/Gunshot 059 Child Assault 22 - Vagrancy / Quality of Life 445 Fire 733 Vehicle / Boat Recovered (Other Detection 06 - Burglary, Residence 221 Loitering / Curfew 446 Liquor and Business License Invest. Agency) 061 Night, entry by force 222 Illegal Vending 447 Abandoned Auto / Boat 734 Vehicle Red-Tagged 839 ASAP- 062 Night, entry no force 23 - Gambling 448 Labor Dispute / Strike 735 Vehicle / Boat - Stored / Impounded ALPR/Miscellaneous 063 Night, attempted 231 Gambling / Touting 449 Domestic Violence (Non Criminal) 736 Tow Disabled Boat 064 Day, entry by force 233 Bookmaking 45 - Suicide and Attempt 737 Pump Sinking Boat 840 Traffic Stop 065 Day, entry no force 234 Lotteries and Number Games (Pools) 451 Adult 738 Boat Assist, Other 841 Pedestrian Stop 066 Day, attempted 24 - Drunk Driving - Vehicle / Boat 452 Juvenile 739 Right Capsized Boat 067 Unknown. Entry by force 240 DUI, Alcohol/Marijuana (Inj./Death/Fel.) 453 Inmate 740 Raise Sunken Boat 842 Bicycle Stop 068 Unknown, entry no force 241 DUI, Alcohol / Drugs (Injury/Death) (F) 455 Adult, Attempt 74 - Registrant Processing 843 Logging Additional 069 Unknown, attempted 242 DUI, Alcohol / Drugs 456 Juvenile, Attempt 741 Sex 07 - Burglary, Other Structure 243 DUI, Alcohol .BAC .08 or above 457 Inmate, Attempt 742 Arson detained Persons 071 Night, entry by force 244 DUI, Alcohol and Marijuana 458 Inmate Injury / Feigned Attempt Suicide 743 Narcotic 845 Cafe Incident 072 Night, entry no force 245 Drunk Driving, Drugs Only 46 - Mentally Ill 744 Gang 073 Night, attempted 246 Drunk Driving, Marijuana 461 Person(s) Mentally Ill--5150 Hold 75 - Station Service 850 Critical Facility Check 074 Day, entry by force 25 - Vehicle / Boating Laws Placed 751 Administrative 851 – DCFS Notified 075 Day, entry no force 250 Hit and Run, Misdemeanor 462 Person(s) Mentally Ill--Escapee 752 Appearance, Court 076 Day, attempted 251 Hit and Run, Felony (Injury / Death) 463 Person(s) Mentally Ill--Self-Admitted 753 Appearance, Other 852 – DCFS Not Notified 077 Unknown. Entry by force 252 Vehicle and Boating Laws, Felony 464 Person(s) Mentally Ill--Mental Health 754 Briefing 855 Relinquish Weapon - 078 Unknown, entry no force 255 Vehicle and Boating Laws, Misd Unit Deferral 755 Community Relations 079 Unknown, attempted 256 Juvenile Zero Tolerance, BAC .01or + 465 Person(s) Mentally Ill--Assessed / No 756 Equipment Trouble (vehicle, radio) Protective Order 080 - Grand Theft 26 - Vandalism Further Action Required (Includes 757 Messenger 860 Gang Related 080 Boat 261 Vandalism, Misdemeanor Disengagement) 758 Station Service 081 Pick Pocket 262 Vandalism, Jail 466 Person(s) Mentally Ill--Case 759 Subpoena Service 865 Unattended Package 082 Purse Snatch 263 Vandalism, Felony ($400 or More) Management (MET Use Only) 76 - Station Service (Continued) 866 Suspicious Package 083 Shoplifting 264 Graffiti / Tagging 467 Person(s) with Indication of Mental 760 Travel Time 084 From Unlocked Veh (Personal Items) 27 - Arson Illness-- Threat Assessment 761 Training 870 Bicycle Patrol 085 From Unlocked Veh (Parts/Access.) 270 Single Occupancy Residence 47 - Accident, Traffic, Vehicle - Boat 762 Transport, Prisoner 871 Escort--Money 086 Bicycles 271 Other (Apt, Hotels, Dorms, etc.) 470 Fatal 763 Transport, Other 087 From Building 272 Storage 471 Injury, Non-Fatal 764 Call Canceled 872 Escort--Staff 088 From Coin Operated Machine 273 Industrial / Manufacturing 472 Non-Injury 765 Duplicate Call 873 Escort--Student 089 Other 274 Other Commercial (Restaurant, Stores) 48 - Accidents, Miscellaneous 766 Call Forward 090 - Grand Theft Vehicle 275 Community / Public Property 481 Non-Traffic 767 Non-Pursuit 874 Lock/Unlock Gate 090 Cargo / Vehicle Laden with Freight 276 All Other Structures (under Constr.) 483 Traffic, Off Highway 77 - Assist 875 Lock/Unlock Door 091 Automobile 277 Motor Vehicles 485 Accidental Shooting, No Injury 770 Transportation Disabled Motorist 092 Automobile, Attempt 278 Other Mobile Property (Trailer, Boat) 486 Accidental Shooting, Injury 771 Assist Disabled Motorist 876 Bookstore Security 093 Truck, Motor home, Van 279 All Others 49 - Person Dead 772 Assist CHP 877 Supervise Cadets 094 Truck Motor home, Van, Attempt 28 - Warrants 491 Natural Causes 773 Assist Government 095 Motorcycle 280 Traffic 492 Industrial Accident 774 Assist Public Utility 878 Cadet Patrol 096 Motorcycle, Attempt 283 Felony, In County 493 Home Accident 775 Assist PD (not LASD) 879 Special Event Duty 097 Other Vehicle (Snowmobile, Golf cart) 285 Felony, Out of County 494 Recreational Accident 776 Assist Fire Department 098 Other Vehicle, Attempt 286 Misdemeanor 495 Overdose, Narcotics / Drugs 777 Assist Citizen 880 Medical Marijuana 099 Bus 287 Warrant Service, No Booking 496 Other, Unknown Cause 778 Assist Sheriff (Other Station) Dispensary Incidents 100 - Worthless Documents - Forgery 29 - Receiving Stolen Property 499 Inmate 779 Assist Station Unit 101 NSF-Account Closed-Checks- $200+ 290 Receiving Stolen Property 50 - Miscellaneous 78 - Assist 883 Civil Process - Single 102 NSF-Account Closed-Checks - -$200 30 - Federal Offe nses w/out Money 500 Boat Repossessed 780 Assigned Assist 884 Civil Process - Eviction 103 Forgery - Checks / Money Orders 301 Immigration Laws - Illegal Entry 501 Vehicle Repossessed 781 Assist EOB 104 Forgery - Prescriptions 302 Counterfeiting Federal Documents 502 Injury to County Employee 782 Assist SEB 885 Civil Process - Levy 105 Forgery - Credit Cards / Sales Slip 303 Desertion, AWOL / UA 503 Stolen / Lost / Found License Plates 783 Assist NARCO Seizure 106 Possess Completed Check / Mon. Ord. 304 Smuggling 504 Damage to County Property 784 Assist OSS 107 Forgery, Other 305 Tampering With Mail 505 Use of Force Memo 785 Handgun Registration, Voluntary 886 Civil Process - 11 - Fraud 306 Selective Service Act 506 Explosive License Investigation 786 Assist Contract City Restraining Order 111 Fraudulent Credit Application 307 Mann Act (I -state Trans. for Prostitution) 51 - Hazardous Materials 787 Provide Security for Non-Criminal 112 Fraud by False Pretenses 308 All Other Fed. Offenses w/out Money 511 Illegal Dumping of Hazardous Mat Investigation/Inspections 887 Civil Process - Warrant 113 Fraud by Trick or Device, Over $400 31 - Federal Offenses with Money 512 Accidental Discharge 788 Assist Department of Mental Health Service 114 Fraud by Trick or Device, $400 or Less 311 Defraud Federal Government 52 - Hate Crimes (Includes PMRT & PET Team Assistance) 115 Computer Systems Crimes 312 Mail Fraud 520 Race 79 - Assist Transit 888 Civil Process - Subpoena 116 Obtaining Trade Secrets by Fraud 313 Conversion of Military Property 521 Ethnicity 790 Assist LA Dept of Transportation Service 117 ID Theft (Goods / Services / Credit) 314 Theft of Mail 522 Religion (LADOT) 118 ID Theft (Utilities / Cellular Telephones) 315 Counterfeiting U.S. Currency 523 Sexual Orientation 791 Assist Santa Monica Transit 890 Contact Made: Person(s) 119 ID Theft (Attempt / Poss. Of Profile Info) 316 All Other Fed Offenses with Money 524 Physical Disability 792 Assist Transit Authority, Bus With No Indication of Mental 12 - Sex Felonies 32 - Felonies, Miscellane ous 525 Mental Disability 793 Assist Transit Authority, Rail 120 Sex Crimes against Children (-14 years) 321 Bigamy 526 Gender 794 Assist Transit Passenger Illness 121 Unlawful Sexual Intercourse 322 Conspiracy 529 Hate Incident - Noncriminal 795 Transit Patrol - Bus Boarding 891 Contact Made: Person(s) 122 Exploitation of Child via Internet 323 Escape - Adult / Juvenile 55 - Cyber Crimes 796 Transit Patrol - Saturation / Fare Check 123 Incest 324 Extortion 551 Cyber Crime 797 Mitigate Crowd Condition With Indication of Mental 124 Pandering 325 Perjury 552 Cyber Related 798 Assist LASD Transit, Bus Illness 125 Pimping 326 Kidnaping 559 Cyber Related Incident (NC) 799 Assist LASD Transit, Rail 126 Failing to Register as Sex Offender 327 Child Stealing 60 - Reasonable Cause 892 Arrest: Person(s) With 129 All Other Sex Felonies 328 False Report of Bomb - Emergency 601 Criminal Homicide No Indication of Mental 13 - Sex Misdemeanor (Use 05X Inj/Death) 602 Rape, Forcible and Statutory 130 Indecent Exposure 329 False Imprisonment 603 Robbery Illness 132 Keep / Live House of Ill Fame 33 - Felonies, Miscellaneous (Continued) 604 Assault, Felonies PATROL READY REFERENCE 893 Arrest: Person(s) With 133 Engage / Solicit Lewd/Obscene Cond. 330 Theft by Embezzl., F (Includes GTA) 605 Burglary O. MARTINEZ #540664 134 Annoy / Molest Children 331 Solicit to Commit Mur. Rape, Certain (F) 606 Grand Theft Indication of Mental Illness Rev. 01/2017 135 Exploitation of Child via Intranet 332 Lynching 607 Grand Theft Auto or Motorcycle 894 Unable to Locate 136 Prostitution, Solicit / Eng. / Seduce >18 333 Unlawful Use of Explosive (05X if Injury) 608 Forgery 137 Child Pornography 334 Unlawful Possession of Explosive 609 All Other Person(s) With Alleged 138 Failing to Register as a Sex Offender 335 Aid / Abet Escape 61 - Transit Infractions Mental Illness 139 All Other Sex Misdemeanors 336 Bribery 610 Fare Related 14 - Assault Misdemeanor 338 Manslaughter, Driver [192(c)(1)PC] 611 Quality of Life Violation 895 Consultation with Mental 144 Hands, Feet, Fists, Etc. 339 All Other Felonies 612 Fare Related, Juvenile Evaluation Team 145 Obstruct / Resist / Battery - PO 34 - Vehicle Burglary 613 Quality of Life Violation, Juvenile 146 Spousal Battery (Domestic Violence) 340 Auto / Passenger Van 614 Fare Violation, Warning Given 896 Notification made to 147 Threatening Public or School Official 341 Attempt Auto / Passenger Van 615 Quality of Life Violation, Warning Given Mental Evaluation Team 149 Child Assault 342 Truck / Cargo Van 616 Transit Violator Ejected 15 - Weapon Laws 343 Attempt Truck / Cargo Van 617 Grade Crossing Violation 897 Mental Evaluation Team 151 Weapon Laws, Felony 344 Other Vehicle 680 - Noncriminal, Custody Incidents Was Unavailable 152 Weapon Laws, Misdemeanor 345 Attempt Other Vehicle 680 Inmate Incidents 153 Shooting, Unlawful 35 - Phone Booth Burglary 681 Significant Inmate Incidents 898 Contact Made: 154 Weapons of Mass Destruction 350 Phone Booth 682 Minor Inmate Disturbance Indication(s) of 155 Possession of Firearm with Narcotics 351 Attempt Phone Booth 683 Major Inmate Disturbance 16 - Defrauding 36 - Boat Burglary 684 Inmate Riot Homelessness 161 Defrauding an Innkeeper (Fel / Misd) 360 Boat 685 Modified Lockdown 899 Arrest: Person(s) with 162 Defrauding Pub. Convey / Utility (F/M) 361 Attempt 686 Lockdown 163 Welfare Fraud (Felony / Misdemeanor) 37 - Aircraft Burglary 687 Inmate Sick / Injured Indication(s) of Homelessnes 165 Theft by Embezzlement, Misdemeanor 370 Aircraft 689 Inmate Complaint 17 - Offenses Against Family 371 Attempt 690 - Noncriminal, Custody Incidents 999 - Master File Number 171 Abandonment 38 - Theft, Petty 690 Erroneous Release 172 Child Neglect 382 Boat 691 Over Detention 173 Failure to Provide 383 Shoplifting (Store, Market, etc.) 692 – Contraband Search 174 Elder Abuse / Neglect 384 From Auto (Personal Items) 695 Unlawful Possession of a Wireless 175 Domestic Violence (No wpn. /Injury) 385 From Auto (Parts and Accessories) Device in a Custody Facility - 4575(a)PC, 176 Elder Mental Abuse 386 Bicycles Misdemeanor. 177 Fiduciary (Financial) Abuse 387 From Buildings (Office, Church, School) 178 Dependent Adult Abuse 388 From Coin Operated Machines 389 Other
PATROL READY REFERENCE/ O. MARTINEZ #540664 / Rev. 01/2017