HomeMy WebLinkAbout1992-090
1
RESOLUTION NO. 92-90
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE
3 POLICE DEPARTMENT.
4 WHEREAS, the Police Department of the City of San Bernardino
5 has submitted a request for authority to destroy certain obsolete
6 records; and
7 WHEREAS, said request is in accordance with the procedures
8 and requirements of Government Code ~34090, Evidence Code
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~1045(b)(1), and Penal Code ~~832.5(b) and 832.8;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
The following records, instruments, books or papers are no
longer required and may be destroyed unless such i terns are
involved in pending litigation:
Citizen complaints dated prior to January 1, 1987.
1.
2. Internal Complaints dated prior to January 1, 1987.
3. Employee Grievances dated prior to January 1, 1989.
4. Internal promotional tests and evaluations dated prior
to January 1, 1980.
5. All Personnel Records of all employees who retired or
otherwise separated from City service prior to January 1, 1981.
III
III
III
III
III
All pre-employment polygraph test results dated prior
6.
to January 1, 1989.
DAB/ses/Records.res
1
March 12, 1992
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 RESOLUTION. . . APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY
THE POLICE DEPARTMENT.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the 16th
day of
March
, 1992, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
REILLY
x
HERNANDEZ
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
x
MILLER
x
C~~~
The foregoing resolution is hereby I~ ,i,b day
of
f{\f\M ~
______/7
/
, 1992.
Mayor
rnardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
I consent to the destruction of the records described in
this resolution.
DAB/ses/Records.res
2
February 18, 1992
I
/
1
II/! /
NMENT
Tide 4
134090
CITIES GENERALLY
Dlv. I
1 34081. Repealed by Stata.1978, c. 76, p. 208, I Z, urgency, eff. April 7,
1978
,. 55, ~~ 3,
) qualifica-
HIstorical Not.
Th. repealed section, added by Stats.1949, c. related to affidavits affecting boundaries and
79, ~ 1, derived from Stats.1939, c. 472. ~ 2, necessary documents.
Article 4
MISCELLANEOUS
Sec:tlon
34090.
34090.5.
34090.6.
34090.7.
Destruction of city records; excepted records; construction.
Destruction of records; conditions.
Destruction of recorded radio and telephone communications.
Duplicate records less than two years old; destruction; video recording
media.
Charier drafting expenses; appropriation.
Adoption or change of street name; resolution.
Adoption or change of name or number of street or place; duty of city clerk.
Petition; definition; misrepresentations concerning contents or effect; cir.
culation of petition containing false or forged names; punishment.
I record
affidavit
lve been
34091.
34091.1.
34092.
34093.
depends
ecorded.
162, ~ I;
.1385, p.
tats. 1965,
208, ~ I,
Article 4 was added by Stats.1949, c. 79, p. 101, l 1.
1 34090. Destruction of city records: excepted records: construction
Unless otherwise provided by law, with the approval of the legislative body
by resolution and the written consent of the city attorney the head of a city
department may destroy any city record, document, instrument, book or
paper, under his charge, without making a copy thereof, after the same is no
longer required.
This section does not authorize the destrUction of;
(a) Records affecting the title to real property or liens thereon.
(b) Court records.
(c) Records required to be kept by statute.
(d) Records less than two years old.
(e) The minutes, ordinances, or resolutions of the legislative body or of a
city poard or commission.
This section shall not be constrUed as limiting or qualifying in any manner
thej~uthority provided in Section 34090.5 for the destrUction of records,
doctlments, instruments, books and papers in accordance with the procedure
therein prescribed.
(Added by Stats.I949, c. 79, p. 101, ~ 1. Amended by Stats.1955, c. 1198, p. 2214, ~ 2;
Stats.1975, c. 356, p. 801, ~ 1.)
541
If!1JaJI)/ f j
134090.6 CITY GOVERNMENT
11tIe 4
and the written consent of the agency attorney shaH be obtained. In the event
that such recordinp are evidence in any claim filed or any pending litigation,
such recordinp shaII be preserved until pending litigation is resolved.
For purposes of this section, "recordings of telephone and radio communi-
cations" means the routine daily taping and recording of telephone collpDuni.
cations to and from a city, county, city and county, or ~al ::~ct,
department, and all radio communications relating to the operations c(Jf such
departments or special districts. . . .,,:
(Added by Stats.1981, c. 1174, p. 4731. S 1.1.)
IIIotarbI Note
Former t 34090.6, added by Stals.1957, c. celled city boDds or interest coUPOJlS, was re.
745. p. 1961, t I, reIatinc to aematiOD of can. pealed by Stats.l963, c. 848, t I.
Ubrary L1..._
cn
D1v
cha
or (
(Ad,
See C
Actic
Ml
CJ
13
R<cords --22.
CJ.5. Records t 73 et seq.
W
estal
stree
shall
prov
boar
(Add,
S 1.)
"
I 34090.7. "Duplicate recorda 1_ than two years old; destruction; video
recordiDg media
Notwithstandj'1g the provisions of Section 34090, the legislative body of a
city may preteribe a procedure under which duplicates of city records less
than two years old may be destroyed if they are no longer required.
For purposes of this section, video recording mediums, such as videotapes
and films, shaII be considered duplicate records if the city keeps another
record, such as written minutes or an audio tape recording, of the event
which is recorded in the video medium. However, a video recording medium
shaII not be destroyed or erased pursuant to this section for a period of at
least 90 days after occurrence of the event recorded thereon.
(Added by Stats.1963, c. 249, p. 100, S I. Amended by Slats.1984, c. 83. S I.)
ubruy 1Ief__
City ci
Mur
CJ~
134
Records --22.
c.lcS. R<cords t 73 et seq.
As
or at
the ci
petiti,
a city
institt
Eve
($500
both ;
havin;
petitic
cemir
orwh
Withr
I 34091. Cbarler draft1ng expenses; approprlatlon
If authorized by the legislative body, all actual and nececc'ry expenses
inCIU'I'M in the drafting of a new city charter are city charges. The legislative
body may make appropriations for such expenses.
(Added by Slats.1949, c. 79, p. 101, S 1.)
_CII1 Note
__ 81815.1947, c. 397, p. 970, t 1.
I 34091.1. Adoption or change of street name; resolution
Whenever the legislative body finds that a name should be ad~ and
applied to any city street, or that the existing name of any city street sIiPld be
544;,:"
It ffaiO/x Ifz.. .
r
~ 1043
Not. 4
would be the character, habits, customs and credibility of
the arresting officers. Copeland v. Superior Court (People)
(App. I Dist.1984) 206 CaI.Rptr. 82, lS9 C.A.3d 1120.
5. latemal lII..-estIptiolUl
Defendant. who asserted his confession was coerced dur-
ing interrogation, was not entitled to discovery of tbe con-
clusions resulting from internal investigations of citizen's
excessive force complaints against police officers. People v.
Merora (1985) 214 Cal.Rptr. 832. 700 P.2d 446, 38 C.3d
658.
6. PrI.J........... dlJdoouu
Much of the material sought in discovery request of
defendant. who was charged with assault on peace officer
with weapon, for personnel records of named officers show-
ing complaints alleging use of unnecessary force, illegal
arrest, or similar improper or violent police conduct was
privileged; in addition to general constitutional privacy
rights, officers have specific protection against disclosure of
their personnel records and records of citizens' complaints
against them. City of Santa Cruz v. Superior Court (Rush)
(App. 6 oist.1987) 236 Cal.Rptr. 155, 190 C.A.3d 1669.
7. Scope of disconry
Discovery of personnel records was appropriate in juve-
nile case as to "non-victim" peace officer whose name had
been deleted from count alleging defendant's interference
with peace officers in discharge of their duties; information
discovered did not have to be ultimately admissible at trial
and was relevant to issues of self-defense and potential bias
affecting officer's credibility as witness. Larry E. v. Superi-
or Court (People) (App. 2 Dist.1987)-239 CaI.Rptr. 264, 194
C.A.3d 25.
8. "'......."
Defendanl charged with resisting arrest sufficiently demo
onstrated materiality of requested records and information
regarding all prior complaints of excessive force or violence
involving the two arresting officers to present good cause for
discovery subject -to protective provisions of Penal Code
fi 1045; police reports established that considerable force
was used to effect arrest, and defense counsel averred that
she sought information relating to prior complaints of exces.
sive force to show tendency or propensity on part of arrest-
ing officers to engage in use of unlawful and excessive force
in execution of arrest. City of Santa Cruz v. Municipal
.--:--
EVIDENCE CODE
Court for Santa Cruz Judicial Dist. of Santa Cruz County
(Kennedy) (1989) 260 CaJ.Rptr. 520, 776 P.2d 222, 49
CaI.3d 74.
9. Personal knowledge
This section requiring showing of good cause for dis-
covery of peace officer personnel records or information
from such records does not require personal knowledge on
part of affiant whose affidavit is used in support of discovery
request; rather, requirement that materiality of requested
information be shown may be satisfied by afftdavits based on
information and belief. City of Santa Cruz v. Municipal
Court for Santa Cruz Judicial nist. of Santa Cruz County
(Kennedy) (1989) 260 Cal.Rptr. 520, 776 P.2d 222, 49
Cal.3d 74.
Affianl whose affidavit was being used to support request
for discovery of prior complaints regardi"ng excessive force
or violence involving two officers who arrested defendant
charged with resisting arrest would not be required to
demonstrate personal knowledge of particular items sought
to be disclosed to justify discovery subject Penal Code
fi 1045. City of Santa Cruz v. Municipal Court for Santa
Cruz Judicial oist. of Santa Cruz County (Kennedy) (1989)
260 CaI.Rptr. 520, 776 P.2d 222, 49 Cat.3d 74.
10. Afftcl8vit
Affidavit in support of motion to discover peace officer
personnel records or information from such records may be
based on reasenable inferences from facts of pending litiga-
tion, and need not allege independent information showing
existence of materials sought to be disclosed to justify
discovery subject to protective provisions of Penal Code
fi 1045. City of Santa Cruz v. Municipal Court for Santa
Cruz Judicial Dist. of Santa Cruz County (Kennedy) (1989)
260 CaI.Rplr. 520. 776 P.2d 222, 49 CaI.3d 74.
11. Responae to reqUelt
Where plaintiff in personal injury action against deputy
sheriff did not utilize specific procedures set forth in this
section, County was under no obligation to respond to
plaintiffs request for production of deputy's personnel file;
Ihus, County did not waive its right to object to production
of those documents by failing to respond or object in timely
manner. County of Los Angeles v. Superior Court (Uhley)
(App. 2 Dist.l990) 269 CaI.Rptr. 187,219 CaI.App.3d 1605.
~ 1044. Medical or psychological history records; right of access
Nothing in this article shall be construed to affect the right of access to records of medical or
psychological history where such access would otherwise be available under Section 996 or 1016.
(Added by Stals.1978, c. 630, p. 2082, ~ 2.)
"'-
Noles of Dec:isiOIlS
I, In general
Defendant who asserted that his confession was coerced
during inlerrogation was entitled to production of the men.
tal heallh records of the four interrogating officers who
allegedly obtained confessions by llDlawful methods and, if,
the court concludes, after in camera inspection of the
records, thai Ihe records are nOI protected by the psychO-
therapist-patient privilege, they could be disclosed to defen-
dant in the interests of justice. People v. Memro (1985) 214
CaI.Rptr. 832, 700 P.2d 446, 38 C.3d 658.
~ 1045. Peace officers; access to records of complaints or discipline imposed; relevancy;
protective orders
(a) Nothing in this article shall be construed to affect the right of access to records of complaints,
or investigations of complaints, or discipline imposed as a result of such investigations, concerning an
event or transaction in which the peace officer participated, or which he perceived, and pertaining to
the manner in which he performed his duties, provided that such information is relevant to the
subject matter involved in the pending litigation.
(b) In determining relevance the court shall examine the information in chambers in conformity
with Section 915, and shall exclude from disclosure:
Additions or chenges Indicated by underline; deletions by asterisks . . .
122
"
EVIDENCE CODE
(1) Information consisting
the event or transaction whic
sought.
(2) In any criminal procE
pursuant to Section 832.5 of
(3) Facts sought to be dis,
benefit.
(c) In determining releva
conduct of the employing a
obtained from order record
business which would not n
(d) Upon motion seasonat
records to be examined or b
necessity thereof, the cour
agency from unnecessary
(e) The court shall, in ~
officer records requestec
may .not be used for a
(Added by Stats.1978. c.
Historical and S
1982 Amendment. Added Slo.
WESTLA W Electronic Research
See WESTLA W Electronic Re'
Preface.
Notes of De,
In geDera) 1
Atterutin lOurteS of informati(
Excessive force 2.2
Proteethe orders 3
R_2
Validity Ih
Ih, Validity
Subdivision (I) of this sectiOl
to any litigant including one cn
tion consisting of complaints cor
officer] occurring more than fh
transaction which is the subjec
which discovery or disclosure is
and Federal Conslitutions. Cil
cisco v. Superior Court of Sol~
Rptr. 435, 125 C.A.3d 879.
t. "'_
Where trial court had culle<:
officen involved in shooting ,
decedenl and determined whe
available through discovery an
and no appeal was taken, t)
judicial economy required. tha
final determination regardmg ,
officers' personnel histories, at
circumstances, and fact that ,
did not turn up anything USt
circumstance. City of San 0
186 CaI.Rptr. 112, 136 C.A.3,
In connection with lrial f(
court propdy ordered discov,
persons who had complained
police officen but properly de
oral statements made by peJ"S(
Addition. or
EVIDENCE CODE
<Iota Cruz JUdicial OjS! of Santa Cruz County
( 1989) 260 CaJ.Rptr. .520, 776 P.ld 222, 49
kao.'edge
m requiring shOwing of good cause for dis.
ace officer petsonnel records or ioroonation
:ords does nOI require personal knowledge on
whOSe ~mdavit is used in sUpport of discovery
~r. requIrement that materia.lity of requested
. shown may be satisfied by alftdavits based on
ld beJief. City of Santa Cruz v. Municipal
:a Cruz Judicia.! Disl. of Santa Cruz County
189) 260 Ca1.Rptr. 520. 776 P.ld 222, 49
e ~davit was being used to sUPPOrt request
f P~or Complaints regarding excess.ive force
JIving two officers who arrested defendant
esisting arrest would not be required to
sonal. kn~wledge of particular items sought
. to JUShfy diSCovery subject Penal Code
. Santa Cruz v. Municipal Court fOr Santa
R of Santa Cruz County (Kennedy) (1989)
0, 776 P.2d 222, 49 CaJ.Jd 74.
PPOrt of motion 10 diSCover peace officer
or information from such records may be
lIe inferences from facts of pending liliga.
I .allege independent infonnation shOWing
~nals 500gbt to be disclOSed to JUStify
to Protective Provisions of Penal Code
'anta Cruz v. Municipal Court for Santa
of Santa Cruz County (Kennedy) (1989)
776 P.2d 222, 49 Cal.3d 74.
'<-
1 personal injury action against deputy
ze specific Procedures set forth in this
S under no obligation to respond to
r production of deputy'S personnel me.
. Waj.v~ its rigbt to object to Productio~
lY fading to respond or object in limely
Los Angeles v. Superior Court (Uhley)
'9 Cal.Rptr. 187,219 Cal.App.3d 16OS.
:oss to records of medical or
under Section 996 or 1016.
ion~ by 'mJawfuJ methOds and, if.
er In camera inspection of the
are not protected by the psycho.
. they could be disclosed 10 defen.
htice. People v, Mernro (1985) 214
446, 38 C.3d 658.
ipline imposed; relevancy;
'SS to. rec~rds of complaints,
1vestJ.gations, concerning an
perceived, and pertaining to
irmation is relevant to the
in chambers in conformity
asterlaks . . .
ftffJ aJ{) / j "If 2-
EVIDENCE CODE ~ 1045
Note 2
(I) Information consisting of complaints concerning conduct occurring more than five years before
the event or transaction which is the subject of the litigation in aid of which discovery or disclosure is
sought.
(2) In any criminal proceeding the conclusions of any officer investigating a complaint filed
pursuant to Section 832.5 of the Penal Code.
(3) Facts sought to be disclosed which are so remote as ro make disclosure of little or no practical
benefit.
(c) In determining relevance where the issue in litigation concerns the policies or pattern of
conduct of the employing agency, the court shall consider whether the information sought may be
obtained from order records maintained by the employing agency in the regular COurse of agency
business which would not necessitate the disclosure of individual personnel records.
(d) Upon motion seasonably made by the governmental agency which has custody or control of the
records ro be examined or by the officer whose records are sough~ and upon good cause showing the
necessity thereof, the court may make any order which justice requires ro protect the officer or
agency from unnecessary annoyance. embarrassment or oppression.
e The court shall in an case or roceedin ermittin the disciosure or discove of an eace
of icer reeD re ueste ursuant ro ection 1043 or er that e reeD s ISclose or iscovere
ma not be used or an u se 0 er than a court roc m urauant to a licable law.
(Added by Stats.1978. c. 630, p. 2082, ~ 3. Amended by Stats.1982, c. 946, p. 3432, ~ 1.)
Historical aud Statutory Notes
1982 Amencbaent. Added subd. (e).
WEsTu W E1eetroDlc R.......,.
See WESnA W Electronic Research Guide fOllowing the
Preface.
gation, tape recordings and transcriptions made by investi_
gating officers. and findings. reports, and opinions of disci-
plinary acts or proceedings commenced or taken against the.
officers relating to unnecessary acts of aggressive behavior.
acts of violence. or acts of excessive force. Carruthers v.
Municipal Court for Long Beach Judicial Dist. (1980) 168
Cal.Rptr. 33. llO C.A.3d 439.
In prosecution for resisting arrest, discovery of police
personnel records to show claimed propensity of specified
police officers to use excessive force could be compelled by
showing on information and belief. absent claim of official
privilege, where official records desired to be examined were
identified with reasonable particularity and pertinence [0
defense of requested infonnation was demonstrated. People
v. Municipal Court. City and County of San Francisco
(1980) 162 CaI.Rptr. 347, 102 C.A.3d 181.
2. ReJeftDq
~ ValJdlty P'""nn,J fiJ" of pohce office" !>dng 'u'" fo, u" of
Subdivision (I) of this section excluding from disclosure unreasonable force in making arrest should have been ex-
to any litigant including one criminally accused: "lnforma. cised to exclude medical records and other sensitive and
~:;;n:~~~~ '::~~ ~= :'o",:':.~of,~:,h: :,~n~~:...:.:t~,,:~.;;: :~:::";~:'~:'in:'t::f~:.a~~~
transaction which is the subject of the litigation in aid of evaluations of credibility. which bore no relevance to the
which discovery or disclosure is sought'. is valid under State facts plaintiffs hoped to discover and prove. City of Azusa
and Federal Constitutions. City and County of San Fran. v. Superior Court (Madrigal) (App. 2 Dist.1987) 236 Cal.
cisco v. Superior Court of Solano County (1981) 178 Cal Rptr. 621, 191 C.A.3d 693.
Rptr. 435, 12S C.A.3d 879. Individuals bringing tOrt and personal injury action
against police offICers for use of excessive force in arrests
I. 1a........ woe, "'till"'. at mo.t, '0 nam.. and add,,,... nf o'h"
WO", 'rial "'urt had 'ull", "'''''nnd "">cd, nf pohce "'''''n, who ",mplain'" that two office" had used "'...1.,
nffice" In.ol.'" In ,hooting of wcongful dea'h plalntl/r, fo,ce In "'u... of .,.,."t wIthin fi., y"", P'<cedlng p1aln-
d<ced"" and deleooln'" what mall", 'hould bo mad, tilT,' """IS, but w.... not "'tIlled tn ob"ln office,,' "'''''n-
a.ailabJ. .bcough dlao",. -. and whl,. ,hnuld bo pco""", n,1 fiJ". a_t ,howlng that oth" "'mplainan" were 'n-
and no appeal w.. . th, In"...." of faim... and '.ail.bl. for Intem.... 0' "'uId not '.n"mbo, d,..II, of
jUdl';,,1 eonnomy ''<u;,,,, 'hat th, ruhnS bo ""ted .. . ,."'" .bou' wlti'h they ",mplain"'. CIty of A,,,,,, .
final deleoolnat;on ....rd;ng pro"" "".n, of di",lo.u.. of Superio, Co.n (M"'ri..l) (App. 2 Di".19S7) 236 C.I.Rp"
officers' personnel histories. absent any showing of changed 621, 191 C.A.3d 693.
d..um...n_ and r", 'h" di,a,",,>, whloh w.. g....ted lnfooo.don pertainIng to p'Y,hoJog;oa] "" ....!" "d
did not 'urn up .nything u"ful w.. not on,h . changed ",rt'onnance ,.aI..dons of """dog office... ,howlng .
d........noe. City of San Di.go .. Su",rio, Court (!9SI) t"'d.noy to "" "'""I.. fo... or. lend",cy tow",d homo-
186 CaJ.Rple. 112. 136 C.A.3d 236. "xual bl" w.. not prope'!y dlscove"bI, by del"'d.n".
In "'nn"'lon Mth trial fo, bull'", on police office", who w,.. ,h"ged wIth ".. "'mmitled during. d.lI dl"".
,ourt P'O""'y o,d,..., disco.,,,, of n""" and "'d...... of bunce, in that polent"aI Probut;ve .alue of "'tu"ted Infoc-
penon. who had ",mplained of phy,;oa] mlaoondu" by 'h, m"lon w.. 'emote and p....ly ,"".I.h.,. and d,f,nd""
pollee office,., but prope"y d"'ied disco.,,,, .. '0 wrill'n 0' failed to mak, . ,hoMug that laok of th, ',<."ted lofooo._
0.... ,..temenlS ,""" by "'''''nx Interv;,wed duri"g In."tl_ 'ion wo.ld In'rud. upon del"'dan'" "'nxdtudonaJ right to .
Addltionl or """ngel Indicated by underlIne; delellonl by llterllkl . . .
123
Notes of DeclaiOIll
fa &eIIeraJ 1
Altenaat....e 8OUI'eeI of information
Exce"'h'e force 2.2
Proterti..-e orden 3
ReIeYallC)' 2
VaUdity 1,1
2.'
<.
If/Pli/[)i/ -r J
{'hCE OFFICERS
]
l
361
Tide 3
(c) This section does not apply to any school peace
officer whose employer requires its school peace officers
to possess the basic certificate that is awarded by the
Commission on Peace Officer Standards and Training or
any school peace officer who possess the basic certificate
that is awarded by the Commission on Peace Officers
Standards and Training. (Added by Stat~/989, c. 1078,
11.)
r
1
t 832.3. Training aa prerequlslte to exercise of peace
officer powera; training proficiency tesdog proaram
(a) Except as provided in subdivision (b), any sheriff,
undersheriff, or deputy sheriff of a county, any police
officer of a city, and any police officer of a district
authorized by statute to maintain a police department,
who is first employed after January I, 1975, shall
successfully complete a course of training prescribed by
the Commission on Peace Officer Standards and Training
before exercising the powers of a peace officer, except
while participating as a trainee in a supervised field
training program approved by the Commission on Peace
Officer Standards and Training. The training course for
an undersheriff and deputy sheriff of a county and a
police officer of a city shall be the same.
(b) For the purpose of standardizing the training
required in subdivision (a), the commission shall develop
a training proficiency testing program, including a stana
dardized examination which enables (I) comparisons
between presenters of such training and (2) development
of a data base for subsequent training programs. Presen-
ters approved by the commission to provide the training
required in subdivision (a) shall administer the standard.
ized examination to all graduates. Nothing in this
subdivision shall make the completion of such examina-
tion a condition of successful completion of the training
required in subdivision (a).
(c) Notwithstanding subdivision (c) of Section 84500
of the Education Code and any regulations adopted
pursuant thereto. community colleges may give prefer-
ence in enrollment to employed law enforcement trainees
who shall complete training as prescribed by this section.
At Jeast 15 percent of each presentation shall consist of
nonlaw enforcement trainees if they are available. Pref.
erence should only be given when the trainee could not
complete the course within the time required by statute,
and only when no other training program is reasonably
available. Average daily attendance for such courses
shall be reported for state aid.
(d) Prior to July I, 1987, the commission shall make a
report to the Legislature on academy proficiency testing
scores. This report shall include an evaluation of the
correlation between academy proficiency test scores and
performance as a peace officer. (Added by Stat~ 1973. c.
477. f I. Amended by Stats.1974, c. 1397. f I; Slats.
1978. c. JJ93. f I; Stald978. C. 1260. f I; Stat~/978, c.
1260. f 2; Sta/s.1984. c. 43, f 2; Stats.I987. c. 1433,
f 2.)
Amendment of this section by f 2 of Stats.l918, c. 1193, failed to
become operati1/e under tbe teons of f 3 of that act.
0832.6
er- Ref.......
Corrections Training Fund, see f 6040 et seq.
t 832.4. Standarda and training, baalc eertlllcate for
eertaln peace officen; employment after Jan. I,
1974; employment after Jan. I, 1988
(a) Any undersheriff or deputy sheriff of a county, any
policeman of a city, and any policeman of a district
authorized by statute to maintain a police department,
who is first employed after January I, 1974, and is
responsible for the prevention and detection of crime and
the general enforcement ofthe criminal laws of this state,
shall obtain the baaic certificate issued by the Commis.
sion on Peace Officer Standards and Training within 18
months of his employment in order to continue to
exercise the powers of a peace officer after the expiration
of such 18-month period.
(b) Every peace officer listed in subdivision (a) of
Section 830.1, except a sheriff, elected constable, or
elected marshal, who is employed after January I, 1989,
shall obtain the baaic certificate issued by the Commis.
sion on Peace Officer Standards and Training upon
completion of probation, but in no case later than 24
months after his or her employment, in order to continue
to exercise the powers of a peace officer after the
expiration of the 24-month period.
In those cases where the probationary period estab-
lished by the employing agency is 24 months, the peace
officers described in this subdivision may continue to
exercise the powers of a peace officer for an additional
three.month period to allow for the processing of the
certification application. (Added by Statd973, c. 478.
f 1. Amended by Stat~1974, c. 1006. f 3; Stat~1980. c.
1340. f 23; Statd987, c. 843. fl.)
t 832,5. Citizens' complaints against personnel; lnves-
tigation; description of procedure; retention of
records
(a) Each department or agency in this state which
employs peace officers shall establish a procedure to
investigate citizens' complaints against the personnel of
such departments or agencies, and shall make a written
description of the procedure available to the public.
(b) Complaints and any reports or findings relating
thereto shall be retained for a period of at least five years.
(Added by Stat~ 1974. c. 29. f 1. Amended by Stats. 1978.
c. 630. f 4.)
~ Deputies or appointees as reserve or auxiliary
'-.:officers; powen of peace officer; conditions
(a) Every person deputized or appointed, as described
in subdivision (a) of Section 830.6, shaU have the powers
of a peace officer only when the person is any of the
foUowing:
(1) Deputized or appointed pursuant to paragraph (1)
of subdivision (a) of Section 830.6 and is assigned to the
prevention and detection of crime and the general
enforcement of the laws of this state, whether or not
working alone, and the person has completed the basic
~1
1 / "/" .
If 1 I-{I /1 )/ (/ 'I
J/ j ,...",,4_1/' /
MAKING OF ARREST
363
Tide 3
The notification described in this subdivision shall not
be conclusive or binding or admissible as evidence in any
separate or subsequent action or proceeding brought
before an arbitrator, court, or judge of this state or the
United States.
(d) Nothing in this section shall affect the discovery or
disclosure of information contained in a peace officer's
personnel me pursuant to Section 1043 of the Evidence
Code. (Added by Statd978, c. 630. ~ 5. Amended by
Stats.I985, c. 539, ~ 3; Statd988. c. 685, ~ 1; Stat~
1989, c. 615, ~ 1.)
f 832.8. Personnel reeonls
As used in Section 832.7, "personnel records" means
any file maintained under that individual's name by his
or her employing agency and containing records relating
to any of the following:
(a) Personal data, including marital
members, educational and employment
addresses, or similar information.
(b) Medical history.
(e) Election of employee benefits.
(d) Employee advancement, appraisal, or discipline.
(e) Complaints, or investigations of complaints, con-
cerning an event or transaction in which he or she
participated, or which be or she perceived, and pertaining
to the manner in which he or she performed his or her
duties.
(t) Any other information the disclosure of which
would constitute an unwarranted invasion of personal
privacy. (Added by Statd978, c. 630, ~ 6. Amended by
Stat~1990. c. 264 (S.B.1985), ~ 1.)
status. famity
history, home
CHAPTER S. ARREST, BY WHOM
AND HOW MADE
Seetlon
833. Possession of dangerous weapons; search; seizure; arrest.
833.5. Detention to detennine whether crime relating to firearms or
deadly weapons has been committed; reasonable cause;
search incident to detention; disposal of seized firearm or
weapon.
Arrest defined; persons authorized to arrest.
Resistance to arrest.
Method of' malting arrest; amount of restraint.
Use of (orce to dl'ect arrest, prevent escape, or overcome
resistance.
Peace officers; arrest under warranl; grounds for arrest
without warrant.
Arrest of escapees.
Public officers and employees; arrest without warrant;
pounds; civil liability; notice to appear; officers and
employees of local agencies.
Private persons; authority to arrest.
Magistrate; oral order to officer or private person to arrest.
Authority to summon aid to make arrest.
Time of arrest; felony; misdemeanor.
Formalities in making arrest; eueptions.
Exhibition of warrant on request.
Arrest under warrant; force permissible.
Breaking open door or window to effect arrest; demand for
admittance; explanation of purpose.
83<.
834&.
835.
835a.
836.
8363.
836.3.
837.
838.
839.
840.
SoIl.
SoI2.
SoI3.
8401.
./.7
~ 833.5
Sectton
845. Breaking open door or window to leave house entered for
purpose of making arrest.
Disarming prisoner; delivery of weapons to magistrate.
Arrest by private person; duty to take prisoner before magis-
trate or deliver him to peace offK:Cf; liability for false arrest.
847.5. Fugitive admitted to bail in another ltate; affidavit; hearing;
warrant for arrest; order Cor return.
Arrest by officer; compliance with warrant.
Arrest without warrant; duty to take prisoner before magistrate
and file complaint; release (rom custody.
849.5. Arrest without filjng of accusatory pleading; record; arrest
deemed detention.
Telegraphic warranl; authorization; effect; pr~ings under
warrant, subject of wriUen or telegraphic warrant in custody;
furnishing copy and informing of rights.
Telegraphic warrant; filing certified copy in telegraph office;
return of original.
851.5. Right of arrested person to make telephone calls; posting of
sign.
851.6. Release of person arrested without warrant or filing of accusato-
ry pleading; issuance of detmtion cenificate; form; deletion
from arrest records.
85 L 7. Petition to seal coun records by person arrested for misdemean-
or while a minor; grounds; exceptions.
851.8. Sealing and destruction of arrest records; determination oC
factual innocence.
851.85. Motion to seal records on acquittal if person appear! to judge to
be factually innocent; rights of defendant under order.
840.
SoI7.
848.
SoI9.
830.
8~1.
Cross References
Arrest warTants. see t 813 et scq.
Bench warrant, arrest, see U 979. t 199.
Conspiracy to procure another 10 be arrested, see ~ 182.
False arrest as misdemeanor, see ~ 146.
Foreign witness immune from arrest, see ~ 1334.5.
Issuance of search warrants, see i 1523 tt seq.; Const. Art. l. ~ 13.
Legislators' privilege from arrest. see Const. An. 4, ~ 14.
Magistrate. defined. see ~~ 7, 807, 808.
Peatt officer. defined. see Government Code i 50920.
Report of arrests to Department of Justice. see ~ 13150.
Resisting Calse arrest, right. see Civil Code ~ SO.
Searches and seizures, see ~ 1523 et seq.; Const. Art. I, ~ 13.
Uniform Act on Fresh Pursuit. see i 852 et seq.
Unnecessary restraint. see i 688.
Voters' privikge Crom arrest on election day, see Elections Code i 14153.
~ 833. Possession of dangerous weaponsj search; sei~
zurej arrest
A peace officer may search for dangerous weapons any
person whom he has legal cause to arrest, whenever he
has reasonable cause to believe that the person possesses
a dangerous weapon. If the officer finds a dangerous
weapon, he may take and keep it until the completion of
the questioning, when he shall either return it or arrest
the person. The arrest may be for the illegal possession
of the weapon. (Added by Statd957. c. 1147. ~ 9.)
Cross References
Concealed weapons, see i 12020 et ~.
Dangerous weapons control law, see f 12000 et scq.
Deadly weapons, posscMion with intent to assault, .see ~ 467.
Receipts for money or property taken from defendant on arrest, see
111412,4OOl
Searches and seizures. see i 1523 et seq.; Const. Art. I, i 13.
~ 833.5. Detention to determine whether crime relating
to firearms or deadly weapons has been committed;
reasonable cause; search incident to detention;
disposal of seized firearm or weapon
(a) In addition to any other detention permitted by
law, if a peace officer has reasonable cause to believe that