HPM 120.1 Pitches Motion

Question 1

1. 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 ___.
   a. 1538.5 PC Motion
   b. Discovery Motion
   c. In camera Hearing
   d. Pitchess Motion

Answer 1

d. Pitchess Motion

Question 2

2. A Pitchess Motion is a legal process which excludes the defense from attempting to obtain peace officer personnel records or information contained therein.
   a. True
   b. False

Answer 2

b. False

Question 3

3. Pitchess information may include complaints concerning the officer’s alleged use of excessive force or propensity for racial / ethnic prejudice, fabrication of charges, illegal search and seizure, false arrest / imprisonment, etc. Any information released by the court is used as a defense technique by the defendant.
   a. True
   b. False

Answer 3

b. False Chapter 1-3(is subject to a signed protective order)

Question 4

4. Penal Code Section 832.5 (Annex B) requires, that any agency employing peace officers establish procedures for investigating citizen complaints and make those procedures available to the public. This Section also requires that investigative reports be retained for ___ years.
   a. 1
   b. 3
   c. 5
   d. 7

Answer 4

c. 5 Chapter 1-3 (and 15 for sustained findings)

Question 5

5. Where a district attorney does not have a court ordered authorization, he/she need only be duly investigating the conduct of a peace officer or police agency when lawfully obtaining access to the personnel records of a peace officer under the provisions of Penal Code Section 832.7.
   a. True
   b. False

Answer 5

a. True

Question 6

6. Evidence Code Section 1047 prohibits disclosure of the records of peace officers who were ___ during the arrest or who had no contact with the individual seeking disclosure from the time of arrest-through the booking process.
   a. Present
   b. Not present
   c. Involved
   d. Not involved

Answer 6

b. Not present

Question 7

7. Case law has held that only names, addresses, telephone numbers, and complaint investigative narratives of persons who have made complaints against an Officer and / or persons interviewed in connection with complaints are discoverable through a Pitchess Motion.
   a. True
   b. False

Answer 7

b. False

Question 8

8. Service of the motion (to seek personnel records) may not be accepted at the Area office, only at the Office of Legal Affairs (OLA).
   a. True
   b. False

Answer 8

b. False Chapter 1-4 (may be accepted)

Question 9

9. When the motion is received in OLA, it will be reviewed to ensure it meets all of the requirements of Evidence Code Section 1043. If the motion is proper, OLA will notify the Officer(s) whose records are sought of the filing of the motion.
   a. True
   b. False

Answer 9

a. True Chapter 1-4

Question 10

10. When the motion is received in OLA, it will be reviewed to ensure it meets all of the requirements of Evidence Code Section 1043. If the motion is proper, OLA will research the Officer’s personnel records for any complaints lodged against him / her and any disciplinary action taken as a result of the complaints within the past three years of employment with the Department pertaining to the requests in the motion.
    a. True
    b. False

Answer 10

b. False

Question 11

11. A representative from the Area (other than the Officer(s) who is the subject of the motion) will deliver the records to the court at the time of the hearing and act as custodian of the records. The records should not be left with the court unattended.
    a. True
    b. False

Answer 11

a. True

Question 12

12. The representative should also have the Officer’s Field folder available for review by the judge. The Field folder should be given to the judge only upon request. The representative should remain in court during the entire proceeding. Often the judge asks questions of the custodian even when there are no records to disclose.
    a. True
    b. False

Answer 12

b. False

Question 13

13. If the judge returns the records to the Area representative, they should be returned to LCU for ___ .
    a. 1 year
    b. 5 years
    c. Indefinitely
    d. Destruction

Answer 13

d. Destruction

Question 14

14. The hearing begins in open court, with the defense attorney, district attorney and the custodian of the records present. The defense attorney makes arguments for granting the motion and, in some instances, the district attorney or county counsel argue against the motion on behalf of the Department.
    a. True
    b. False

Answer 14

a. True Chapter 1-5

Question 15

15. The judge will then announce that he / she is going to conduct an in camera review of the documents in chambers. Those persons allowed in chambers are the judge, the court reporter, the custodian of records, the defense attorney, and any other persons the custodian of records agrees to have present.
    a. True
    b. False

Answer 15

b. False Chapter 1-5 (Judge, court reporter, custodian of records,DAG and any other persons the custodia agrees to have present.

Question 16

16. The judge should then return to open court and announce his / her findings and decision. If the judge finds there-are no relevant records or information, he / she will normally deny the motion.
    a. True
    b. False

Answer 16

a. True Chapter 1-5

Question 17

17. If the judge finds that there is relevant information, he / she will normally do one of the following: Disclose the information to the defense attorney and district attorney at that time (disclosure is normally limited to names, addresses, telephone numbers, and complaint investigation narrative of complainants and witnesses), or order the custodian to deliver the records or information to the district attorney and defense attorney by a certain date (compliance date).
    a. True
    b. False

Answer 17

b. False Chapter 1-6 (Order the disclosure of relevant information)

Question 18

18. There have been instances where judges have ordered the production of peace officer personnel records without adhering to the Pitchess Motion process. In any such instance, an affidavit prepared by the Area office and signed by the Area commander shall accompany the records to the court.
    a. True
    b. False

Answer 18

a. True