120.1 Discovery Of Peace Officer Personnel Records(Pitchess Motions) Flashcards

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0
Q

What code requires an agency employing peace officers to establish a means for investigating citizens complaints…

A

PC 832.5

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1
Q

The exclusive means by which a peace officers records can be disclosed (without his authorization) is called..

A

Pitches Motion

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2
Q

Evidence Code Section 1043 requires that a defendant must file a written motion with the proper court. The motion must be served by mail, _____ days prior to hearing, or in person,_______ days prior to hearing pursuant to Civil Procedures Code Section 1005(B).

A

20 and 15 Days

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3
Q

___________ establishes the confidentiality of peace officer personnel records and records of complaints and allows for
disclosure of such records only through the discovery process described in Evidence Code Section 1043 (Annex C).

A

832.7 PC

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4
Q

Evidence Code ___________ requires a judge to determine the relevance of the motion and determine when a police agency must produce records to the court.

A

Section 1045

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5
Q

A Pitchess motion hearing normally proceeds as follows

A

The judge conducts an in camera review in chambers. Department representative, a Attorney General or General Counsel, LCU staff member are present at the in camera. Defense and district attorneys not allowed. Judge will then return to open court and announce if motion denied or granted

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