HPM 120.1 Chapter 1 Flashcards
1
Q
- 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
Pitchess Motion (1-1, 1-a)
2
Q
- A Pitchess Motion is a _______ process which enables the defense to attempt to obtain peace officer personnel records or information contained therein. Such information may 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.
A
Legal (1-1, 1-a)
3
Q
- Penal Code Section 832.5 (Annex B) requires, that any agency employing peace officers establish procedures for investigating _______________ and make those procedures available to the public.
A
Citizen Complaints (1-1, 2-a)
4
Q
- Penal Code Section 832.7 (Annex B) clearly establishes the confidentiality of peace officer personnel records and records of complaints and allows for disclosure of such records _______ through the discovery process described in Evidence Code Section 1043 (Annex C).
A
Only (1-1, 2-b)
5
Q
- _____________ holds that certain personnel records of Officers involved in an arrest or traffic stop may be discoverable through a Pitchess Motion.
A
Statutory Law (1-3, 3-a)
6
Q
- The __________ 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.
A
Majority (1-2, 3-b)
7
Q
- Where a ___________ 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.
A
District attorney (1-2, 3-c)
8
Q
- Evidence Code Section 1045 (Annex F) 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 ______ determines that they have been satisfied, he / she will then review the records in camera and exclude from disclosure the following:
(1) Any complaints against an Officer concerning conduct occurring more than five years prior to the date of the motion hearing.
(2) Conclusions of the officer who investigated the complaint.
(3) Facts or records sought which are so remote as to make them of little or no benefit to the defendant. (See Annex G, Glendon Craiq V. Inglewood Municipal Court.)
A
Judge (1-2, 4-a)
9
Q
- Evidence Code Section 1047 (Annex H) ______ 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.
A
Prohibits (1-3, b)
10
Q
- Penal Code Section 832.5 requires that complaints and any reports or findings relating thereto be retained for _____ years.
A
Five (1-3, 5-a)
11
Q
- If served by mail, the motion must be served ____ days prior to the date of the hearing;
A
20 (1-3, 6-a)
12
Q
- if personally served, it must be served _____ days prior to the hearing date pursuant to Code of Civil Procedures Section 1005(B)(Annex L).
A
15 (1-3, 6-a)
13
Q
- ________ of the motion may be accepted at the Area office or at Legal Coordination Unit (LCU).
A
Service (1-4, b)
14
Q
- When a motion is received at the Area office, LCU ______ be notified immediately
A
Should (1-4, c)
15
Q
- LCU will contact the __________ office and request legal representation at the hearing.
A
Attorney General’s (1-5, d)