HPM 120.1 - DISCOVERY OF RECORDS

Question 1

The exclusive means by which a peace officer’s personal records can be disclosed is by what is known as a _______________

Answer 1

Pitchess Motion

Question 2

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

Answer 2

Complaint process

Retained for 5 years

Question 3

Non-discoverable records:

Any complaints against an officer concerning conduct occurring more than __ years prior to the date of the motion hearing.

Answer 3

More than 5 years prior

Question 4

Only _______, addresses and phone numbers of persons who have made complaints against an officer are discoverable through a Pitchess Motion

Answer 4

Names, addresses and phone numbers

Question 5

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)

Answer 5

20 days prior (by MAIL)

15 days prior (in PERSON)

Question 6

When a Pitchess Motion is received at the Area office, _____ should br notified immediately

Answer 6

LCU

Legal Coordination Unit

Question 7

Who will examine the Pitchess Motion and prepare a package for the judge?

Answer 7

LCU

Legal Coordination Unit

Question 8

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 __________________.

Answer 8

Custodian of the records

Unattended (Don’t leave officer files with court, DA or defense)

Question 9

Who determines if the requirements of the Pitchess Motion are met?

Answer 9

the judge

Question 10

Neither the _______ nor the _____________ are allowed in judge chambers during the ______ review

Answer 10

DA nor the defense attorney

in-camera review