HPM 120.1

Question 1

Generally, the exclusive means by which a peace officers personnel records can be disclosed (other than by his/her own authorization) is by what is commonly known as a:

Answer 1

Pitchess Motion

1-1 (1a)

Question 2

An Officer’s personnel record may be obtained, through a hearing, which would include ANY type of complaint in the Officer’s personnel file as long as the defense attorney has effectively shown the relevancy of the complaint to the defendant’s case ins/her declaration in support of the motion regardless of criminal charges.

True or False

Answer 2

True: In 1985 the Supreme court case of People V. Harold Remro broadened the Pitchess requirements to include ANY type of complaint in the Officer’s personnel file as long as the defense attorney has effectively shown the relevancy…

1-1 (1b)

Question 3

The majority of motions served on the Department seek records of citizens complaints alleging the use of excessive force or racial/ethnic prejudice and disciplinary action as a result of those complaints.

True or False

Answer 3

True

1-2 (3b)

Question 4

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. The district attorney may not further disclose such records without a court’s authorization order.

True or False

Answer 4

True

1-2 (3c)

Question 5

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.

True or False

Answer 5

True

1-3 (4b)

Question 6

Penal Code Section 832.5 requires that complaints and any reports or findings relating thereto be retained for __ years.

Answer 6

Five

1-3 (5a)

Question 7

Evidence Code Section 1043 requires that a defendant must file a written motion with the proper court. Such motions must be served on the agency having custody or control of the records either by mail or in person. If served by mail, the motion must be served __ days prior to the date of hearing. If personally served, it must be served __ days prior to the hearing date.

Answer 7

Mail: 20 days

Personally served: 15 days

1-3 (6a)

Question 8

When a motion is received at the Area office, ___ should be notified immediately.

Answer 8

Legal Coordination Unit (LCU)

1-4 (6c)

Question 9

If the judge returns the records to an area representative, they ___ be returned to LCU for destruction or destroyed at the Area office. If destroyed at the Area office, LCU ___ be notified.

Answer 9

SHOULD /

SHOULD