HPM 120.1 Discovery of Officer Records Flashcards
A __________________ is a legal process which enables parties outside the Department the ability to obtain peace officer personnel records or information contained therein. (HPM 120.1, 1-3)
Pitchess Motion
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 five 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)
15
Due to case law, the courts have expanded discovery to include any type of Civilians’ Complaints, ____________________, Memorandums of Direction, or any completed internal investigation documents, as long as the attorney’s declaration in support of the motion effectively shows the relevancy of the complaint to the case. (HPM 120.1, 1-3)
Adverse Actions
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
When a motion is received at the Area or Division office, OLA ______ be notified the same day, 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)
shall
Pitchess Motion, Criminal Court Proceedings: If the requirements are met, the judge will conduct an _____________ review of the documents in chambers. (HPM 120.1, 1-5)
in-camera
Pitchess Motion, Criminal Court Proceedings: Before the release of any ordered disclosure, due to the sensitive nature of the documents, the judge will need to sign a __________________ prepared by the assigned Deputy Attorney General (DAG). (HPM 120.1, 1-6)
protective order
