HPM 120.1

Question 1

What is a Pitchess Motion?

Answer 1

A legal motion to discover certain personnel records of Officers involved in an arrest or traffic stop

Statutory law allows for the discovery of records related to complaints against officers.

Question 2

What types of complaints are typically sought through Pitchess Motions?

Answer 2

• Excessive force
• Racial/ethnic prejudice
• Disciplinary actions resulting from complaints

Courts consider these complaints relevant and discoverable.

Question 3

True or false: A district attorney can disclose personnel records of a peace officer without a court’s authorization.

Answer 3

FALSE

A district attorney must have court-ordered authorization to disclose such records.

Question 4

According to Evidence Code Section 1045, what does the judge do when a motion is filed?

Answer 4

Makes an initial relevance decision and reviews records in camera

The judge determines if the motion’s requirements are satisfied.

Question 5

What types of records are excluded from disclosure during the in camera review?

Answer 5

• Complaints older than five years
• Conclusions of the investigating officer
• Remote facts or records

These exclusions are based on their relevance to the defendant’s case.

Question 6

How long must complaints and related reports be retained according to Penal Code Section 832.5?

Answer 6

Five years

This retention period applies to complaints and findings related to those complaints.

Question 7

What must a defendant do to file a motion under Evidence Code Section 1043?

Answer 7

File a written motion with the proper court and serve it on the agency

The motion must be served 20 days prior by mail or 15 days prior if personally served.

Question 8

What is the purpose of the sealed envelope addressed to the judge?

Answer 8

To contain records for in camera review

The envelope remains sealed until the judge opens it during the review.

Question 9

Who should deliver the records to the court during a hearing?

Answer 9

A representative from the Area, not the Officer(s) involved

This representative acts as the custodian of the records during the proceedings.

Question 10

Fill in the blank: A Pitchess Motion is not a ______; it is a legal process.

Answer 10

complaint

This distinction is important for understanding the nature of the motion.