HPM 120.1

Question 1

A _______________ can have access to an officer’s file if he/she is “duly investigating” the conduct of a peace officer or police agency.

Answer 1

District Attorney

HPM 120.1, Discovery of Peace Officer Personnel Records

Question 2

Evidence Code Section 1043 requires that a defendant must file a written motion with the proper court. Such motion 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 the
hearing; if personally served, it must be served __ days prior to the hearing date.

Answer 2

20 days/15 days

Note: If not within time frames and there is insufficient time, the defense attorney should be notified and a continuance of the hearing requested to ensure compliance with the motion requirements.

HPM 120.1, Discovery of Peace Officer Personnel Records

Question 3

If excessive force is alleged in the Pitchess Motion, Evidence Code 1046 requires the motion to include a copy of the _________ ________ when served on the agency.

Answer 3

arrest report

HPM 120.1, Discovery of Peace Officer Personnel Records

Question 4

When a Pitchess Motion is served on an area office, _____________ should be immediately notified.

Answer 4

Legal Coordination Unit

Note: LCU will review for compliance. If not in compliance LCU will request AG attend hearing.

HPM 120.1, Discovery of Peace Officer Personnel Records

Question 5

A representative from the Area (other than the Officer(s) who is the subject of the motion) to deliver the records to the court at the time of the hearing and act as custodian of the records. The records __________ be left with the court unattended.

Answer 5

should not

HPM 120.1, Discovery of Peace Officer Personnel Records

Question 6

The representative should also have the Officer’s Field folder available for review by the judge. The Field folder should be given to the judge only__________. 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 6

upon request/shall

HPM 120.1, Discovery of Peace Officer Personnel Records

Question 7

The judge will conduct an in camera hearing to review the material. The _________ , _________________ , and the ______________________ are the only ones allowed in the hearing.

Answer 7

judge, the court reporter, and the custodian of records (Departmental Representative)

(No attorneys (Da or defense) are allowed)

HPM 120.1, Discovery of Peace Officer Personnel Records

Question 8

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 8

Area Commander

HPM 120.1, Discovery of Peace Officer Personnel Records