HPM 120.1 Discovery of Peace Officer Personnel Records

Question 1

PITCHESS MOTION: (1)
Pitchess Motion is a legal process which enables the defense to attempt to obtain peace officer personnel records or information contained therein.
T/F

Answer 1

True

Question 2

NONDISCOVERABLE RECORDS: (2)

1. Any complaints against the officer concerning conduct occurring more than ___ years prior tot he date of the motion hearing.
2. Conclusions of the officer who investigated the compliant.
3. Facts or records sought which are so remote as to make them of little or no benefit to the defendant.

Answer 2

Five

Question 3

RETENTION: (3)

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

Answer 3

Five (5)

Question 4

REQUIREMENTS: (3)
Evidence Code section 1043 requires that a defendant must file a written motion with the proper court. Such motion must be served on the agency having custody or control of the records by mail or in person. If served by MAIL, the motion must be served ____ days prior to the hearing, if PERSONALLY served, it must be served ___ days prior to the hearing date pursuant to Cde of Civil procedures Section 1005(b).

Answer 4

20 days - mail service

15 days - personal service