120.1

Question 1

The exclusive means by which a peace officer’s personnel records can be disclosed (other than by his / her own authorization) is by what is commonly known as a _____ _____.

Answer 1

Pitchess Motion (HPM 120.1, 1-1)

Question 2

Penal Code Section 832.5 (Annex B) requires, that any agency employing peace officers establish procedures for investigating citizen complaints and make those procedures available to the public. This Section also requires that investigative reports be retained for _____ _____.

Answer 2

five years. HPM 120.1, 1-1

Question 3

Evidence Code Section 1045 (Annex F) requires that, when a motion is filed and the police agency produces the records to the court, the judge will make an initial relevance decision to determine if the requirements of the motion are satisfied. If the judge determines that they have been satisfied, he / she will then review the records in camera and exclude from disclosure the following:

Answer 3

(1) Any complaints against an Officer concerning conduct occurring more than five years prior to the date of the motion hearing.
(2) Conclusions of the officer who investigated the complaint.
(3) Facts or records sought which are so remote as to make them of little or no benefit to the defendant. HPM 120.1 1-2

Question 4

T/F - Evidence Code Section 1047 prohibits disclosure of the records of peace officers who were not present during the arrest or who had no contact with the individual seeking disclosure from the time of arrest-through the booking process.

Answer 4

True. HPM 120.1 Page 3

Question 5

Pitchess Motions. Where _______ ________ is alleged, Evidence Code Section 1046 requires that the motion also include a copy of the police report setting forth the circumstances of the stop and the arrest.

Answer 5

excessive force (HPM 120.1, 1-4)

Question 6

Service of the motion may be accepted at the Area office or at Legal Unit (LCU). The recipient of the motion should ensure that service is effected within the proper time limits, ___ days if served by mail and ___ days if personally served.

Answer 6

20, 15 (120.1, 1-4)

Question 7

The judge will then announce that he / she is going to conduct an in camera review of the documents in chambers. Those persons allowed in chambers are:

Answer 7

the judge, the court reporter, the custodian of records and any other persons the custodian of records agrees to have present. Normally, the custodian is the only Departmental representative present during the in camera review…..Neither the district attorney nor the defense attorney are allowed in chambers during the in camera review. HPM 120.1 Pg7