HPM 120.1 Chapter 1

Question 1

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____________ __________.

Answer 1

Pitchess Motion (1-1, 1-a)

Question 2

2. 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.

Answer 2

Legal (1-1, 1-a)

Question 3

3. 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.

Answer 3

Citizen Complaints (1-1, 2-a)

Question 4

4. 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).

Answer 4

Only (1-1, 2-b)

Question 5

5. _____________ holds that certain personnel records of Officers involved in an arrest or traffic stop may be discoverable through a Pitchess Motion.

Answer 5

Statutory Law (1-3, 3-a)

Question 6

6. 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.

Answer 6

Majority (1-2, 3-b)

Question 7

7. 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.

Answer 7

District attorney (1-2, 3-c)

Question 8

8. 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.)

Answer 8

Judge (1-2, 4-a)

Question 9

9. 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.

Answer 9

Prohibits (1-3, b)

Question 10

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

Answer 10

Five (1-3, 5-a)

Question 11

11. If served by mail, the motion must be served ____ days prior to the date of the hearing;

Answer 11

20 (1-3, 6-a)

Question 12

12. if personally served, it must be served _____ days prior to the hearing date pursuant to Code of Civil Procedures Section 1005(B)(Annex L).

Answer 12

15 (1-3, 6-a)

Question 13

13. ________ of the motion may be accepted at the Area office or at Legal Coordination Unit (LCU).

Answer 13

Service (1-4, b)

Question 14

14. When a motion is received at the Area office, LCU ______ be notified immediately

Answer 14

Should (1-4, c)

Question 15

15. LCU will contact the __________ office and request legal representation at the hearing.

Answer 15

Attorney General’s (1-5, d)

Question 16

16. 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 16

Five (1-5, d-2)

Question 17

17. Assign a representative from the _____ (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.

Answer 17

Area (1-6, 4-a)

Question 18

18. The records ______ not be left with the court unattended.

Answer 18

Should (1-6, 4-a)

Question 19

19. If the judge returns the records to the Area representative, they ________ be returned to LCU for destruction or destroyed at the Area office. If destroyed at the Area office, LCU should be notified.

Answer 19

Should (1-6, 4-c)

Question 20

20. Some counties will allow their ____________ attorneys to argue the appropriateness of motions on behalf of the Department. However, not all counties are willing to do so.

Answer 20

Prosecuting (1-7, e-2-note)

Question 21

21. The ____ determines if the requirements of the motion are met.

Answer 21

Judge (1-7, e-3)

Question 22

22. The judge will then announce that he / she is going to conduct an __________ review of the documents in chambers.

Answer 22

In camera (1-7, e-5)

Question 23

23. After the judge has determined the issue of relevancy, he / she should conclude the in camera review and direct the ____________ to seal any transcript of the proceeding in the court record.

Answer 23

court reporter (1-7, e-6)

Question 24

24. There have been instances where _______ have ordered the production of peace officer personnel records without adhering to the Pitchess Motion process.

Answer 24

Judges (1-8, 7-a)

Question 25

25. In any such instance, an affidavit prepared by the Area office and signed by the ______________ shall accompany the records to the court.

Answer 25

Area commander (1-8, 7-a)