HPM 120.1 Discovery of Peace Officer Personnel Records Flashcards
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
Pitchess Motion
120.1 Pg. 1
What is a Pitchess Motion?
A legal process which enables the defense to
attempt to obtain peace officer personnel records
or information contained therein
120.1 Pg. 1
True or False
Any information released by the court during a Pitchess
Motion is used as a defense technique by the defendant
True
120.1 Pg. 1
True or False
Pitchess requirements to include any type of complaint in
the Officer’s personnel file as long as the defense attorney
has effectively shown the relevancy of the complaint to the defendant’s case in his / her declaration in support of the
motion regardless of the criminal charges
True
120.1 Pg. 1
Name 3 instances when a judge (during an in camera hearing) would exclude the release of peace officer records:
(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.
120.1 P.2
True or False
Evidence Code Section prohibits 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.
True
120.1 P. 3
In no case ____ a complaint investigation be instituted solely
on the basis of a Pitchess Motion. A Pitchess Motion is not a complaint; it is a legal process.
- Should
- Shall
- May
Shall
120.1 P.4
The custodian of records ____ _____ leave records with the court unattended.
- Should Not
- Shall Not
- May Not
Should Not
120.1 P. 6
True or False
A representative can advise LCU and the Officer(s) whose records were sought of the results of the hearing (whether
the motion was allowed or denied and what information
was released by the judge to the defense attorney and the
district attorney).
True
120.1 P. 6
True or False
During an in camera hearing, those persons allowed in
chambers are the judge, the court reporter, the custodian of records and any other persons the custodian of records agrees
to have present.
Normally, the custodian is the only Departmental
representative present during the in camera review
True
120.1 P.7
True or False
Neither the district attorney nor the defense attorney are
allowed in chambers during the in camera review
True
120.1 P.8
