120.1 Pitchess - Discovery Manual

Question 1

Generally, 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 ______.

a. 1538.5 PC Motion
b. Discovery Motion
c. In camera Hearing
d. Pitchess Motion

Answer 1

D. Pitches Motion

Question 2

A Pitchess Motion is a legal process which ______ the defense from attempting to obtain peace officer personnel records or information contained therein.

Answer 2

Enables

Question 3

Pitchess information______ include complaints concerning the officer’s alleged use of excessive force or propensity for racial / ethnic prejudice, fabrication of charges, illegal search and seizure, false arrest / imprisonment, etc. Any information released by the court is used as a defense technique by the defendant.

Answer 3

May

Question 4

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 ___ years.

Answer 4

5 years

Question 5

True or False:

Where a district attorney does not have a court ordered authorization, he/she need only be duly investigating the conduct of a peace officer or police agency when lawfully obtaining access to the personnel records of a peace officer under the provisions of Penal Code Section 832.7.

Answer 5

True

Question 6

Evidence Code Section 1047 prohibits disclosure of the records of peace officers who were ___ during the arrest or who had no contact with the individual seeking disclosure from the time of arrest-through the booking process.

a. Present
b. Not present
c. Involved
d. Not involved

Answer 6

B. Not present

Question 7

True or False:

Case law has held that only names, addresses, telephone numbers, persons who have made complaints against an Officer and / or persons interviewed in connection with complaints are discoverable through a Pitchess Motion.

Answer 7

True

Question 8

Service of the motion (to seek personnel records) ______ not be accepted at the Area office, only at the Legal Coordination Unit (LCU)

Answer 8

May

Question 9

True or False:

When the motion is received in LCU, it will be reviewed to ensure it meets all of the requirements of Evidence Code Section 1043. If the motion is proper, LCU will notify the Officer(s) whose records are sought of the filing of the motion.

Answer 9

True

Question 10

When the motion is received in LCU, it will be reviewed to ensure it meets all of the requirements of Evidence Code Section 1043. If the motion is proper, LCU will research the Officer’s personnel records for any complaints lodged against him / her and any disciplinary action taken as a result of the complaints within the past ______ years of employment with the Department pertaining to the requests in the motion.

Answer 10

5 years

Question 11

A representative from the Area (other than the Officer(s) who is the subject of the motion) will deliver the records to the court at the time of the hearing and act as custodian of the records. The records ______ not be left with the court unattended

Answer 11

Should

Question 12

The representative______ also have the Officer’s Field folder available for review by the judge. The Field folder _______ be given to the judge only upon request. The representative _______ remain in court during the entire proceeding. Often the judge asks questions of the custodian even when there are no records to disclose.

Answer 12

should/ should/ shall

Question 13

If the judge returns the records to the Area representative, they should be returned to LCU for ___ .

What action

Answer 13

Destruction

Question 14

True or False:

The hearing begins in open court, with the defense attorney, district attorney and the custodian of the records present. The defense attorney makes arguments for granting the motion and, in some instances, the district attorney or county counsel argue against the motion on behalf of the Department.

Answer 14

True

Question 15

True or False:

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 the judge, the court reporter, the custodian of records, and any other persons the custodian of records agrees to have present.

Answer 15

True

Question 16

The judge should then return to open court and announce his / her findings and decision. If the judge finds there-are no relevant records or information, he / she will normally ______ the motion.

Answer 16

Deny

Question 17

True or False:

If the judge finds that there is relevant information, he / she will normally do one of the following: Disclose the information to the defense attorney and district attorney at that time (disclosure is normally limited to names, addresses, telephone numbers of complainants and witnesses), or order the custodian to deliver the records or information to the district attorney and defense attorney by a certain date (compliance date).

Answer 17

True

Question 18

There have been instances where judges have ordered the production of peace officer personnel records without adhering to the Pitchess Motion process. In any such instance, an affidavit prepared by the Area office and signed by the______ shall accompany the records to the court.

Answer 18

Area commander