HPM 120.1 - DISCOVERY OF RECORDS Flashcards
The exclusive means by which a peace officer’s personal records can be disclosed is by what is known as a _______________
Pitchess Motion
832.5 PC - requires law enforcement agencies to have a ________ process in place and make the procedures in which to file a complaint against an officer, and are retained for ________ years
Complaint process
Retained for 5 years
Non-discoverable records:
Any complaints against an officer concerning conduct occurring more than __ years prior to the date of the motion hearing.
More than 5 years prior
Only _______, addresses and phone numbers of persons who have made complaints against an officer are discoverable through a Pitchess Motion
Names, addresses and phone numbers
Defense must make a request for records at least ___ days prior to hearing date (if by MAIL)
At least ___ days prior to hearing date (if IN PERSON)
20 days prior (by MAIL)
15 days prior (in PERSON)
When a Pitchess Motion is received at the Area office, _____ should br notified immediately
LCU
Legal Coordination Unit
Who will examine the Pitchess Motion and prepare a package for the judge?
LCU
Legal Coordination Unit
A representative from the Area will be assigned to deliver the records to the court at the time of the hearing and act as _________ of the records. The records should not be left with the court __________________.
Custodian of the records
Unattended (Don’t leave officer files with court, DA or defense)
Who determines if the requirements of the Pitchess Motion are met?
the judge
Neither the _______ nor the _____________ are allowed in judge chambers during the ______ review
DA nor the defense attorney
in-camera review