120.1 Pitchess Motion Manual *

Question 1

According to PC section 832.5 Investigative reports must be retained for ____years?

Answer 1

5

Question 2

_________Law holds that certain personnel records of Officers involved in an arrest or traffic stop may be discoverable through a Pitchess Motion

Answer 2

Statutory

Question 3

Evidence Code Section _____ prohibits disclosure of the records of peace officers who were not present during the arrest or who had no contact with the individual seeking disclosure from the time of arrest thru the booking process

Answer 3

1047

Question 4

Once a defendant files a written motion with the proper court and served on the agency having custody/control of the records either by mail or in person, they have_______days by mail or ____ days if in person prior to the hearing date

Answer 4

20 days/ 15 days

Question 5

When a Pitchess Motion is received at the Area office, who should be notified immediately?

Answer 5

Legal coordination Unit. (LCU)

Question 6

Is a pitchess motion a complaint or legal process?

Answer 6

Legal process

Question 7

During an in camera review in chambers the DA and the defense attorney are allowed in the judges chambers?

Answer 7

False

Question 8

Have there been instances where judges have ordered the producing of peace officer(s) personnel records without adhering to the pitchess motion?

Answer 8

Yes

Question 9

According to Evidence Code Section 1045, when a motion is filed and the police agency produces the records, who will make an initial relevance decision to determine if the requirements of the motion are satisfied?

Answer 9

The judge

Question 10

_____law has held that only names, addresses and telephone numbers of persons who have made complaints against an officer and/or persons interviewed in connection with complains are discoverable through a pitchess motion

Answer 10

Case

Question 11

If a pitchess motion is received at the area office, can a complaint investigation be instituted solely on that basis?

Answer 11

No

Question 12

May an officer who is subject of the motion hand deliver a sealed records to the court, and act as custodian of the records?

Answer 12

No

Question 13

If there are no records to disclose, must the custodian of records remain in court during the entire process?

Answer 13

Yes…SHALL

Question 14

We are required as an agency under the_____ _____ to establish a procedure to investigate citizens’ complaints against the personnel of our department

Answer 14

Penal Code

Question 15

May a DA obtain access to the personnel records of a police officer without court ordered authorization?

Answer 15

yes

Question 16

Should the officer that the discovery motion is being filed on receive a memo from legal coordination unit as a notification with the date and time of hearing

Answer 16

yes