HPM 120.1 CH. 1-PITCHESS MOTION Flashcards
A Pitchess Motion is a _____ process which enables parties outside the Department the ability to obtain peace officer personnel records or information contained therein.
HPM 120.1, 1-3
legal
A Pitchess Motion is a legal process which enables parties outside the Department the ability to obtain peace officer personnel records or information contained therein. Such information may include complaints or investigations concerning the officer’s alleged use of or failure to intervene in the use of _________ force or propensity for racial/ethnic prejudice, fabrication of charges, illegal search and seizure, false arrest/imprisonment, unlawful seizure, etc. Any information released by the court is subject to a signed protective order.
HPM 120.1, 1-3
excessive force
California Penal Code, Section 832.5 requires, that any agency employing peace officers establish procedures for investigating Civilians’ Complaints and make those procedures available to the public. This section also requires investigative reports be retained for ____ years for complaints with no sustained finding, and __ years for sustained finding of misconduct including any reports and/or findings related to these complaints.
HPM 120.1, 1-3
five
15
Statutory law holds that certain personnel records of officers involved in an arrest or traffic stop may be discoverable through a ________ ______.
HPM 120.1, 1-3
Pitchess motion
The majority of motions served on the Department seek records of Civilians’ Complaints alleging the use of excessive force or racial/ethnic prejudice and ____________ ______ as a result of those complaints.
HPM 120.1, 1-3
disciplinary action
Due to case law, the courts have expanded discovery to include any type of Civilians’ Complaints, Adverse Actions, Memorandums of Direction, or any completed internal investigation documents, as long as the attorney’s declaration in support of the motion effectively shows the _________ of the complaint to the case.
HPM 120.1, 1-3
relevancy
NONDISCOVERABLE RECORDS. a. California Evidence Code, Section 1045 requires that, when a motion is filed, and the police agency produces the records to the court, the judge will make an initial relevance decision to determine if the requirements of the motion are satisfied. If the judge determines the requirements have been satisfied, the judge will then review the records in camera and exclude from disclosure the following:
(1) Conclusions of the officer who investigated the complaint.
(2) Officers personal _______ ___________ such as a home address and phone number.
HPM120.1, 1-4
contact information
SERVICE. California Evidence Code, Section 1043 requires that the party seeking discovery must file a written motion with the proper court. Based on a change in the law, most Pitchess Motions must be served at least __ court days prior to the hearing.
HPM 120.1, 1-4
10 court days
Service of a Pitchess motion may be accepted at any Area office, Division office, or at the ______ of _____ _______ (OLA). Service of the motion may be done by personal service, regular mail, overnight mail, or fax (only if authorized by the Area) at any Area or Division office. Motions requesting former/retired officers records may also be served at any Area/Division office.
HPM 120.1, 1-4
Office of legal affairs
When a Pitchess motion is received at the Area or Division office, OLA shall be notified the ____ ___, via email, at OfficeOfLegalAffairs@chp.ca.gov with the motion, arrest report, how and when the motion was served, and the Custodian of Records information.
HPM 120.1, 1-4
same day
Pitchess motion Compliance. When the motion is received, OLA will contact the Attorney General’s office and request legal representation at the hearing. If the motion is proper, OLA will follow these procedures:
(1) Request employee history printouts of the named employees.
(2) Notify the employees whose records are sought the filing of the motion, by e-mail for active uniformed personnel, or by regular mail for former/retired uniformed personnel.
(3) Forward the motion, arrest report, custodian of records contact information, and employee history to the assigned Deputy Attorney General (DAG).
NOTE: The custodian of records should be at least ___ ____ higher than the highest-ranking named uniform, unless waived by the named uniform. If a lieutenant commander, captain, or above, is named, the custodian of records
must be a command decision.
(4) If multiple officer records are sought, OLA will coordinate the transfer of files from Area offices to the custodian of records.
HPM 120.1, 1-4
one rank
Custodian of Records Responsibilities-Pitchess motion.
(1) Read the motion, memorandum, and declaration, to determine the ____ of records that are the subject of the motion. The custodian of records may want to confer with the assigned DAG to be certain they have identified the records that are the subject of the motion.
(2) Search for all records that are subject of the motion which may include prior locations where the person who is the subject of the motion may have worked. Keep a record of all locations searched, including the identity of the persons with whom the inquiry was made.
(3) Gather the originals, if possible, of all potentially responsive documents. Print out copies of any computerized records. Consult with the DAG if there are questions about what documents are needed for the court hearing. The judge will want to review the documents if good cause is found by the judge.
HPM 120.1, 1-5
type
