Flashcards in HPM 120.1 Discovery of Peace Officers Records - Quiz 1 Deck (10)
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 ___________.
necessary requirements for a proper motion have to include criminal charges of resisting arrest and / or battery on a peace officer.
False. Any type of complaint will suffice.
Per Penal Code Section 832.5, 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.
Statutory law holds that certain personnel records of Officers involved in an
arrest or traffic stop may not be discoverable through a Pitchess Motion.
False - may be
Because of case law, the courts have expanded discovery to include any type of citizens' complaint as long as the defense attorney's declaration in support of the motion effectively shows the relevancy of the complaint to the defendant's case.
Case 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 complaints are discoverable through a Pitchess Motion.
Penal Code Section 832.5 requires that complaints and any reports or findings
relating there to be retained for ____ years.
Requirements. Evidence Code Section 1043 requires that a defendant must
file a written motion with the proper court. Such motion must be served on the
agency having custody or control of the records either by mail or in person. If
served by mail, the motion must be served ____ days prior to the date of the hearing; if personally served, it must be served ____ days prior to the hearing date pursuant to Code of Civil Procedures Section 1005(B)(Annex L). The motion
must include the following:
Service. Service of the motion may be accepted at the ________or at ____________
Area office or at Legal Coordination Unit (LCU).