Pitchess Motion 120.1 study questions

Question 1

True/ False. A Pitchess Motion is a legal process which enables parties inside the Department the ability to obtain peace officer personnel records or information contained therein.
a. True
b. False

Answer 1

B. False Outside the department 120.1 ch. 1 /1-3

Question 2

California Penal Code, Section ______ requires, that any agency employing peace officers establish procedures for investigating Civilians’ Complaints and make those procedures available to the public.
a. 835
b. 832.5
c. 800.5
d. 832

Answer 2

B. 835.5 120.1 ch. 1/ 1-3

Question 3

The California Penal Code requires that any agency employing peace officers establish procedures for investigating Civilians’ Complaints and make those procedures available to the public. This section also requires investigative reports be retained for___ years for complaints with no sustained finding, and ____ years for sustained finding of misconduct including any reports and/or findings related to these complaints.
a) 3/ 5
b) 5/10
c) 5/15
d) 3/10

Answer 3

C. 5 years / 15 years 120.1 ch. 1/ 1-3

Question 4

_______ law holds that certain personnel records of officers involved in an arrest or traffic stop may be discoverable through a Pitchess Motion.
a. Case
b. State
c. Statutory
d. Federal

Answer 4

C. Statutory Law 120.1 ch. 1 /1-3

Question 5

The majority of (Pitchess) motions served on the Department seek records of Civilians’ Complaints alleging the use of ______ _____ or ____/____ _____ and disciplinary action as a result of those complaints.
a. Excessive force or dishonesty/ false statements
b. Excessive force or Racial/ Ethnic prejudice
c. Discourteous comments or Racial/ ethnic prejudice
d. Discourteous comments or dishonesty/ false statements

Answer 5

B. Excessive force or Racial/ Ethnic prejudice 120.1 ch. 1/ 1-3

Question 6

Recent amendments of California Code of Civil Procedure, Section 1005(b) and California Evidence Code, Section 1047, have also expanded discovery (Pitchess) to include the records of ______ officers involved in the incident that gave rise to the Pitchess Motion.
a. All on duty officers
b. Front desk officers
c. Supervisorial Officers
d. Assisting Officers

Answer 6

C. Supervisorial Officers 120.1 ch. 1/ 1-3

Question 7

California Evidence Code, Section 1045 requires that, when a motion is filed, and the police agency produces the records to the court, the judge will make an initial relevance decision to determine if the requirements of the motion are satisfied. If the judge determines the requirements have been satisfied, the judge will then review the records __ _____.
a. in camera
b. in private
c. in view
d. in abstention

Answer 7

A. In Camara. 120.1 ch. 1 / 1-3

Question 8

When a (Pitchess) motion is filed, and the police agency produces the records to the court, the judge will make initial relevance decision to determine if the requirements of the motion are satisfied. If the judge determines the requirements have been satisfied, the judge will exclude from disclosure the following:
a.__________________________________
b._________________________________

Answer 8

A) Conclusions of the officer who investigated the complaint.

B) Officers personal contact information such as a home address and phone number.

Question 9

9) Most Pitchess Motions must be served at least ___ ____ days prior to the hearing.
a. 10 calendar day
b. 10 business days
c. 10 court days
d. 5 calendar days

Answer 9

C. 10 court days. 120.1 ch.1 /1-4

Question 10

When a motion is received at the Area or Division office, OLA shall be notified the _________, via email, at OfficeOfLegalAffairs@chp.ca.gov with the motion, arrest report, how and when the motion was served, and the Custodian of Records information.
a. As soon as possible
b. Within 7 days
c. The same day
d. Within 30 business days

Answer 10

C. The same day 120.1 ch. 1 1-4