HomeMy WebLinkAbout15-Police Department
.: CITY OF SAN BERN()ftDINO - REQUEST lOR COUNCIL ACTION
From: Daniel A. Robbins, Chief of Police
Subject: Destruction of Certain Obsolete Police
Personnel Records
Dept: Po 1 ice
Date:
Synopsis of Previous Council action:
None
Recommended motion:
Adopt resolution
Contact person:
Sgt. M. Kinsman, Internal Affairs
Phone:
384-5605
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
None
Source:
Finance:
Council Notes:
75-0262
Agenda (tem No. -r/s-'
, CITY OF SAN BER~DINO - REQUEST ~ COUNCIL ACTION
STAFF REPORT
PROBLEM
The retention and storage of outdated citizen and internal
complaints, employee grievances, internal promotional tests and
evaluations, personnel records and pre-employment polygraph test
results presents storage and security problems for the police
department. The pol ice department's retention and storage of these
outdated, records more than five years old, documents and records
is not in accordance with existing state laws.
RECOMMENDATION
The Mayor and Common Council approve the proposed resolution to
destroy certain obsolete records.
FINDINGS
1. The Government Code provides for the systematic destruction of
records and documents that have outlived their usefulness as
evidence.
2. The proposed policy for the destruction of such records meets
the standards outlined in the Government Code, Penal Code and
Evidence Code.
3. Personnel Complaints older than five years are not relevant in
state litigation and, therefore, are not discoverable under
Evidence Code 1045(b)(1).
4. Documents. or records involved in pending litigation,
especially if a subpoena or notice to provide documents has
been served on the city are exempt from destruction pending
adjudication of the litigation.
5. Sergeant Michael Kinsman, Internal Affairs supervisor, has met
and discussed this matter with Senior Assistant City Attorney
Richard Morillo. The City Attorney's office agrees to the
necessity of this resolution.
APPENDIXES
1. Copy of section 34090 and 34090.6 of the California Government
Code.
2. Copy of section 1045(b) (1) of the California Evidence Code.
3. Copy of sections 832. 5b and 832.8 of the California Penal
Code.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE
POLICE DEPARTMENT.
WHEREAS, the Police Department of the City of San Bernardino
has submitted a request for authority to destroy certain obsolete
records; and
WHEREAS, said request is in accordance with the procedures
and requirements of Government Code S34090, Evidence Code
Sl045(b)(1), and Penal Code SS832.5(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 items are
involved in pending litigation:
Citizen complaints dated prior to January 1, 1987.
1.
2.
3.
Internal Complaints dated prior to January 1, 1987.
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
6. All pre-employment polygraph test results dated prior
to January 1, 1989.
DAB/ses/Records.res
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March 12, 1992
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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
meeting thereof, held on the
day of
, 1992, by the fOllowing vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1992.
W. R. Holcomb, Mayor
City of San Bernardino
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.
,
I
27 ;<:.Pisi: ~mJ~~~yY~-
28 ~~ity Attorney
DAB/ses/Records.res
2
February 18, 1992
ft/ffz,j}Y 1f f 0
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tNMENT
TItle 4
. 34090
CITIES GENERALLY
Diy. 1
II 34ClIItl. Repealed by Stata.1978. Co 76. p. 208, t 2, \u.~. elf. AprIl 7.
~ 1978
c. 55. H 3.
o qualifica.
li,,'-:--
HJator\.u _
The repealed section, added by 5tats.1949. c. related to affidavits affec:tiq boundaries lUId
79, ~ 1. derived from 5tats.1939. c. 472. ~ 2. necessary documents.
Article 4
MISCELlANEOUS
Seetlon
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 recordins
media.
Charter draftillll expenses; appropriation.
Adoption or challlle of street name; resolution.
Adoption or challlle of name or number of street or p1a&:e; duty of city clerk.
Petition; definition; miscepresentations concerning contents or effect; cir-
culation of petition containillll false or forged names; p..nlohmenL
JI record
affidavit
ave been
34091.
34091.1.
34092.
34093.
depends
recorded.
1162, t 1;
c. 1385, p.
Stats.1965,
208, t 1,
Article 4 was added by Stats.1949, c. 79. Po 101. ~ 1.
. 34090. Deatruc:dOD of city recorda; excepted recorda; ClQII8tnICdoD
Unless otherwise provided by law. with the approval of the legis1ative 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 tn"k;ng 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. ordin"nc~, or resolutions of the legislative body or of a
city ~1loard or IX'mmi,.,.;oD.
11iis section sha1l not be construed as limiting or qualifying in any manner
thl;':.-uthority provided in Section 34090.5 for the destruction of records.
do ~i.""I1ts, instruments, books and papers in accordance with the procedure
therein ~bed.
(Added by Stats.1949, c. 79, p. 101, t 1. Amended by Stats.1955, c. 1198, p. 2214, t 2;
Stats.1975, c. 356, p. 801, t 1.)
541
i
.
~ .
~-
'//
'V Ii.
,j J.'
.'. . /
Ij
f
!i 34090.6
CI
Di
ch
or
(A(
"i Ii
'i
-ii!
CITY GOVERNMENT
TItle 4
and the written consent of the agency attorney shall be obtained. In the event
that such recordings are evidence in any claim filed or any pending litigation,
such recordings shall 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 communi.
cations to and from a city, county, city and county, or special Gistrict,
department, and all radio communications relating to the operations of such
departments or special districts.
(Added by Stats.1981, c. 1174, p. 4731, ~ 1.1.)
_ea1 Note
Former f 3<4090.6. added by Stats.1957, c. ceDed city bonds or interest coupons, was reo
745. p. 1961, f I, relating to cremation of can. pealed by Stats.I963, c. 848, f I.
Ubnry Ref_
See
Acl
,
M
C
!i :
Records "22.
CJ.s. Records f 73 ., seq.
\
est
str<
sha
pro
boa
(Ad,
~ 1.
i
!i 34090.7. Oupbcate records leu than two years old; destructloD; video
recording media
Notwithstanding the provisions of Section 34090, the legislative body of a
city may prescribe 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, shaIl 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
shaIl 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.I963, c. 249, p. 100, ~ 1. Amended by Stats.1984, c. 83, ~ I.)
Ubnry ___
City
..
~ ~
M.
C~
t 3
Records "22.
c.J.s. Records f 73 et seq.
As
orcil
the c
petit'
a cit
insti
E,
($50
both
havi
petit
cern
or"
With
t 34091. Charter cInfttn8 upeDH8: appropriation
H authorized by the legislative body, all actual and D-.~"Y expenses
incurred in the drafting of a new city charter are city charges. The legislative
body may make appropriations for such expenses.
(Added by Stats.I949, c. 79, p. 101, ~ I.)
1I1_---\c:a1 Note
__ Slats.I947, c. 397, p. 970, f I.
t 34091.1. Adoption or c:banp of Itreet name; resolution
Whenever the legislative body finds that a name should be adOllJ!illd and
applied to any city street, or that the existing name of any city street s@luld be
544 -0
.!! -
Olf {fa/Ol'jl[-Z- .
.
r
~ 1043
Note 4
wouk1 be the cbaacler. habit&, CUItOmI IDd credibility of'
.he ......... _ 0lpeI0nd Y. 50_ eoun (People)
(App. I J);oL19I4) 206 CoL1lpcr. 82. 159 C.A.3cI1120.
5. .......... ~.
Defendant. who .-rted bit coafeaioa ... coerced duro
ina interTOption, wu DOt entitlod to diIcovery of the con-
clusions resultina f'rom iatemal inveltiplioas of citizen's
eaceuive force complaints apinII police ofticen.. People v.
....... (191') 214 CaJ.Rpu. 832, 700 P.2d 446, 38 C.3c1
6'8.
6. Pri___
Much of tbe material IOUIht in discovery request of
defendant. who ... cbarpd with ....m Oft peace officer
with weapon, for penoIUId records of aamcd otIicen show-
ing complainll aDeainI use of WlnecellU)' force, iUepl
arrest, or similar improper or violent police conduct was
privi1epd; in addition to paeraI COftIIitutional privacy
ripls. officon b.. IJlC"ific protoc:tioo _ d_ of
lheir perIOftIId recorda aad recGJda of citizens' complaints
quftll them. City oCSula Cruz v. Superior Court (Rush)
(App. 6 DiIl.1987) 236 CaJ.Rptr. IS', 190 C.A.3c1 1669.
7. s..,. 01 -....
Discovery 01 personnel records ... appropriate in juve.
nik cue . to .......victim... peace ofticer whole name bad
been deleted from count allePna defendant's interference
witb pcac:c ofticcn in diKbarJc: or their duties; information
discovered did not hive to be ultimately Ildmillibk at trial
and was relevant to iIIueI of "'-defense aDd potential bias
afl'ectin. officer', credibility as wime.. Lany E. v. Superi-
or ""un (hop1c)(App. 2 Dill. 1987) 239 CaJ.Rptr. 264. 194
C.A.3d 2S.
..-
Defendant charpd with mistina arrest sufficiently dem-
onstrated materiality of requated records and inlann.bon
reprdilll all prior c:ompIaintl al exceaivc force or violcDce
involvin. the two arratiq oft"lCen 10 present JOOd cause for
discovery subject -to protective provisions or Penal Code
11045; poUcc........ __ that _ rorce
was used to ef'I'ect arrest, and cIefeDIe counscJ averred that
she soupt information rc1atina to prior complaints of cxca--
sive force to show teadency or propeaaity 011 part of arrest-
ioa ofIicm to cowe in IDe of UDlawtW and exccuive force
in execution of arrest. City of Santa Cruz ". Municipal
o
0,
. .
EVIDENCE CODE
Court for Santa Cruz Judicial Dist. 01 Santa Cruz County
(K",_) (1989) 260 CaJ.1lpcr. '20. 776 P.2d 222, 49
CaJ.3c1 74.
..-...........
This sectioD requirina Ibowiq 01 JOOd callie for dis-
covery of peace oIIicer petIOIUlCI records or information
from ...... recorda _ ... ........ penanaI kDowledp on
put of affiant whole didaYit is used in support of diIcovuy
req_ rother, requiremen. that materiolity of .......,.a
inIormatioa be sbowIt may be satisfied by atfidavitl bMed on
information and beJicf. City of Santa Cruz ". MunicjpIl
Court for Santa Cruz Judicial OUt. 01 Santa Cruz County
(KOlUIlOdy) (1919) 260 C.I.Rptr. 520, 776 P.2d 222, 49
c.u.3c1 74.
Alliant whole affidavit wu beinJ used to support request
for diIcovery of prior compIaiDlI reprdW: aceIIive force
or viotence in\'OlYiq two ofticen who amItcd dcf'eadant
cbarpd with resiItiDa arrat woukI DOl: be required to
-.. penanaI kDowledp of portioulor i..... IOOpt
to be dDcloood to juotU'y diocover7 ....... ....... Code
1 1045. City of Son.. Cruz Y. MWIicipo1 C<>un lor SuI..
Cruz Judicio! Dill. of Son.. Cruz County (KOlUIlOdy) (1989)
260 Cal.Rper. 520. 776 P.2d 222. 49 Cal.3d 74.
10. AfIIdnit
Afftdavit in IUpport of motion to diIcover peace ofticet
penonnel records or information from such records may be
_ on ........... mr........ from _ of pendina Hap-
lion, .... need ... IIIop independmt _ .........
existence of materials IOUJbt to be diIc:JoIed to jUI1ify
discovery subject to protcctjve provisions 01 Penal Code
t 1045. City of Santa Cruz ". M~pa1 Court for Suna
Cruz Judicio! J);oL of Son.. Cruz County (KOlUIlOdy) (1919)
260 Cal.Rptr. 520, 776 P.2cI 222, 49 CaI.3d 74.
11. ~.._
Where plaintiff in penonaI injury actioa apinIt deputy
sherifi' did ftOI utilize specific: proccdura let forth in this
section, County wu under no obIiption to respond to
plaintifF's requat for production 01 deputy's pctICmIel file;
thus, County did not waive its ript to object to production
of _ documenlS by WIina to ......,.s or object in timely
manner. County or Los Angeles ". Superior Court (Uhle:y)
(App. 2 Dist.I990) 269 CaI.Rptr. 187,219 Cal.App.3d IClO5.
f 1044. Medieal or po,..holoJieal hillory ....ord.; richt of ......
Nothing in this article .h.1l be con.trued to affeet the right of aeee.. to ....ords of medical or
p.ychological history where such aceeas would otherwise be available under Section 996 or 1016.
(Added by Stata.I978, e. 630, p. 2082, f 2.)
---
N.... ., DedIlOM
t. bl_
Defendant who auerted that his confeuion was coerced
durina intenoption .... entitled to production of the men.
tal bealth records of the four interroptina ofI"tceJ'S who
alJeaedly obtained confessions by IJRlawfu.l methock and, if,
the coun concludes, after in camera inapoction of the
records. that the records are not protected by the plYcho-
therapist.patient pri\'ilqe, they coukl be: disclosed to def~
dant in the interests of justice. People ". Memro (1985) 214
CaI.Rptr. 832. 700 P.2d 446, 38 C.3d 658.
i 1045. Peaee otneen; acceIB to record. of complaints or diseipline imposed; relevancy;
protective orden
(a) Nothing in this article shall be construed to sffeet the right of ace... to records of complaints,
or investigations of complaints, or discipiine 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 detennining relevance the court shall examine the information in chambers in conformity
with Seetion 915, and .hall exclude from discloaure:
__ or _.... IncllclIlecI by u_I...; _"" by ..-. . . .
122
EVIDENCE CODE
(1) Information consisting
the event or transaetion whi
8OUght.
(2) In any criminal pro<
punuant to Section 832.5 (
(3) Faets 8Oughtto be di
benefit.
(c) In determining relev
conduct of the employing
obtained from order recorl
business which would not
(d) Upon motion ....ona
records to be examined or
necessity thereof, the cou
agency from unnecessary
~e court .hall, in ,
of reeordsusiiuestec
may .not be for a
(Added by Stata.I978, c.
_....S
.911 ... L Added 51
WJ'S'I'LA,W EIectnl* ReIear.
See WESTLA W Ekctronic Ii
PreI8ce.
Notes 01 [
bl~ t
__01_'
__2.1
..-.."- 3
_2
vdllltJ IJa
'.h. V....,
Subdivilioa (I) oIlhis sect!
to any litipDt incIudina one ,
lion COIIIistiDa of complaints c
alficer) ......... ..... t....
tranIaCIioII which is the subj
whic:b diIcoveIY or dilclolurt I
aDd Federal CoaItitutions. Ci
cisco ". Superior Court of Sol
Rplr.435, 115 C.A.3d 879.
t. bl~
Where trial court bad cuUc
oflk,en iDvolved iD tbootini
dceedent and determined 'A'
._ tIuou8h diocover7 '
and no ~ we taken,
judicial economy required. t
final determination reprdmt
officon' ......."" -,
circumItanceI. and fact tba
did not turn up anythial 1
circwnaance. City 01 San
186 c.u.1lpcr. 112. 136 C.A
In connection with trial
court prope!'ly ordered diIC(
persons who had complaine
police ofI"lCCfI but properly ,
oral statements made: by pe"
A_.
..c-.
..-.-.
EVIDENCE CODE
.una Cruz JUdicial Disc. of Santa Cruz County
:1989) 260 CaJ.Rprr, 520, 776 P.2d 222. 49
kao"ledlft'
'n requiring shOloVing of gOOd cause for dis_
ace officer personnel records or information
:ords does not require ~n.1 knowledge on
WhOSe affidavit is lIsed in sUpport of discovery
~r. requirement Ihat materiality 0( requested
. shown may be satisfied by affidavits hued on
ld belief. City of Santa Cruz v. Municipal
"8 Cruz Judicial Disl. of Santa Cruz County
'89) 260 CalRptr. 520, 176 P.ld 222. 49
e affidavit was being used to sUPPOrt request
f pnor COmplaints regardin. e:tces&ive force
:Jlvmg two officen who atTeSted defendant
eslsting arrest would Dot be required to
SOnal, knowledge .of particular items sought
. ta JUStify diSCOvery subject Penal Code
. Santa Cruz v. Municipal CoUrt for Santa
R .of Santa Cruz County (Kennedy) (1989)
0, 176 P.2d 222, 49 CaJ.3d 74.
PPOrt .of moIion to discover peace oificet
.or ,lnfonnation from such records may be
lIe Inferences from facts of pendin,litip.
t allege independent informatioo showin,
'rials sought to be disclosed to justify
to Protective Provisions of Penal Code
;anta Cruz v. Municipal Coun for Santa
of Santa Cruz County (Kennedy) (1989)
176 P.ld 222, 49 CaI.3d 7".
-
, personaJ injury actiOQ &pinlt deputy
ze Specific procedures set forth in this
s under no obligation to respond to
r prOduction of deputy's peJ'Sonnel tilt:;
. waive.irsright to ob.iect to ProdUCtion
IY failina to respond or object in timely
Los Anaeles v. SUperior ColIn (UhJey)
'9 CaI.Rptr. 187,219 CaI.App.Jd 160.5.
~ss to records of medical Or
under Section 996 or 1016.
jo~ bY IJnlawful methods and, it;
er In camera inspection of the
are nOI protected by lhe PlYcbo-
. they could be disclosed to defen_
j~tice. People v. Memro (198') 21..
446, 38 C.3d 6'8.
i pline imposed: relevancy;
'ss to. records of complain III,
1Vestl,gatJons, concerning an
perceived, and pertaining to
'rmation is relevant to the
in chambers in confonnity
at..... .. . .
,.....
.. _: ;. = .. .
- =
o
ft((JaJl)/j
el2.
EVIDENCE CODE ~ 1045
NoW 2
(I) loformation consisting of complainlll concerning conduet oecuning more than live y..... before
the event or transaction which is the subject of the litigation in aid of which discovery or disclosure io
sought.
(2) In any criminal proceeding the concluaions of any officer investigating a complaint liled
pursuant to Section 832.5 of the Penal Code.
(3) Facts sought to he disclaBed which are so remote as to make disclosure of little or no Practical
benefit.
(c) In determining relevance where the Isaue in litigation concerns the policies or pattern of
conduct of the employing agency, the court ahall consider whether the infonnation sought may be
Oblllined from order records maintained by the employing agency in the regular course of ageney
business which would not necesaitate the diacloaure of individual personnel records.
(d) Upon motion seasonably made by the governmental agency which has custody or control of the
records to be examined or by the oflicer whoae records are sought, and Upon good cause showing the
necessity thereof, the court may make any order which juatice requires to protect the officer or
agency from unnecessary annoyance, embarrassment or oppreuion.
e The court shall in an case or ~ nnittin the diac:fOlure or diacov
of Icer reco r ueste unuant to con 0 er t reco
ma not us or an u 0 er a court urauan.t to a
(Added by 8talll.I978, c. 630, p. 2082, f 3. Amended by 8tall.l982, c. 946, p.3432, f 1.)
HiRorIc:al ADd statuIOr)' NoteI
1981 ~daaeaL Added subd. (e).
WEsIuw _ a-...
See WESTU W Electronic Research Guide fo1lowin, the
Preface.
......, tape ............ .... traDscription, mode by ;,,_.
ptinlo/lleen,....IIacI;qo,_lAdopiniomofdioci.
plinary acts or pI'OCeediap :oL.--d or taken apiat the.
-........ to.--,. _ of_ve behavior,
acts of vioJeace. or 8CtI of aceaive force. Carrulben v.
MlUUcipol Coan r... r...., _ JudicW Dist. (1910) 16&
CaI.Rptr. 33, 110 C.AJcI 439.
In PfOIeCution for raiRina arrest, discovery of police
penonnel l'ClCOrdI to sbow cllimed propensity of spocitled
police oftIcen to UIe ~ f'orco COUld be compelled by
showiq OIl inlonaatioa aad belief. ablenl cWa:t of offICial
privilqe, w. oftk:iaJ records o.ind to be eumined were
identified with ........ ~ aad pertinence to
defense of requated infilnnatioa ... demOftltraled. People
v. Municipal Coun. City and Coat)' of San Francisco
(1910) 162 CaI.Rptr. 347, 102 C.A.Jc1 III.
1.~
In, VaUdltJ' PenonncI fUcra of potic:e ofticen ., sued for UIt of
UftI'eUOnable force in makin, IITaI shouIcI have been eA-
Subel;,,;,;o.. (I) of 'b;, ....... exdudio, &om dilc100ure died to ...lucIe _ _ .... other _rive lAd
10 IDy Uri..., incl...... .... criminally -, "'of....... _ malerial ......, iodiYiduals, iacI...... ;"formation
rioo COlloiItiq of ....pIoin............. - (of a police ......, criminal -. _ _ "'ri'i... IDd
-J CCCWrioa IOOte - five y- -. the ...... or ~_ ~__ he
cl'aIlIIlctian which is the SLIbject of the titiption ill aid 0( evaluations of credibility, wbicJI ~ no ._..._ to t
f_ P....tiftO hoped to _ and prove. City of Azusa
"'bich cfiocovery or -..;, ""'Ibl" ;, valid WIder - v. S._ Coan <Madri,aI) (App. 2 Dist.1987) 236 CaI.
lAd F....... c:-mutiona. Cily lAd Couoty of San F.....
cisco v. Superior Court of SalaDo Counly (1981) 118 Cat Rptr. 621.191 C.A.3d 693.
8 Individuals briDaiaa tort ADd penonaJ injury action
Rptr. 43'. 12' C.A.Jd 79. ."...., police _ r... ... of "_ve fora, in """..
I. '" - "'... ""itlcd. .. -.. to ...... lAd add...... of o'he,
Where trial ..... bad .ulIed -.... - of police """"" "'ho...._lba,two_ bad_ ......iv.
- ;"vol..... ;" ......... of ......sfuJ dealb plainlill'. fon:. ;" ....... of ...... widUn ftve y_ _, plain.
-, and _ed "'ba, mattm .hould be...... ';Il1o' """... but ..... nor "'tilled '0 _ _. penon.
available lItrouab .....,. .. snd "'hicb sbouJd be __ "'lilies, _, -. tIw _ """'PIai..... "'... .n.
lAd no ........ - , lbe in_ of rum. and availabJe for .......... or could nor ........her delaib 0'
iucIiciaI economy"".;,,,, lba, the ..Unl be l<ated as a ............, "'1Ucb they ...._. City of Azusa v.
ftnal delernUnari... '"8Udinr ptoper ......, of c1isc1..... of Superior Coan (_pi) (App. 2 Dial. 1917) 236 CaI.Rpll
-, _00 historia, _'IDY _", ofc........ 621. 191 C.AJcl693.
ci""""",,- lAd 'act lbal discovery "'1UCb "'.. .....led lnformatioo pertaini", '0 psy'boJosicaJ .... ",.1.. aod
<lid ... 'urn up ID)'!bio, - "'.. no< .ucb a chao"", perfo..........._ of ..-... _ _., .
cire........... City of San Dies<> v. Superio, Court (1911) .........y to ... _ve f.... or a leodeocy loward homo-
186 CaI.RPI'. 112, 136 C.A.Jc1 236. ...... hi.. "'.. no< .-y d~bJe by defende....
In ""'nection with ,rial fo< batt"" ... police o/lleen, "'ho "'... clwlled with _ ......ilfat d...... a ciril db,.,.
court """""y - d~ of...... lAd _ of "'- ;" ,bat poleo... _rive val.. of ""....... info,.
pmons "'ho bad ....plaioed of phyaical miscond... by ,he marioo "'.. ....... and purely _uJarive. and def.ndan"
police - but .-y denied d~ .. to "'ri_ or failed to make a -'lba'1aclt of the ""_ infonn._
on! ............. mode by """"'" interviewed durinl in_. 'loa "'ould ;"Inode upon dcf_g' -".Iional nlh. '0 .
"ckIItlon. or cIIHgee IndIc8led by !!!!!!!orlInr, del.lb,. by .......... . . .
123
- of 0acIal,.
"'_,
.-.-.. - of loIorawino 2.5
-.. Ion:a 2.J
~.._ 3
.......... Z
Validity'll
'.
1
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PEACE OFFICERS
9 832.6
r
1
361
Title 3
(c) This section does not apply to any school peace
officer whOSt 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 SIOI~ 1989. c. 1078.
# I.)
,
f 832.3. Tralnlna" prerequisite to exercise of pesce
officer powers; training proficiency testing program
(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 depanment,
who is fint employed after Janusry 1, 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 stan.
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 least 15 percent of each presentation ahall consist of
nonlaw enforcement trainees if they are available. Pref.
erence should only be given when the trainee could not
complete the coone within the time required by statute,
and only when no other training program is reasonably
available. Avenge dally attendance for such courses
shall be reported for state aid.
(d) Prior to July I, 1987, the commiasion 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 pesce officer. (Added by SIal.. 1973, c.
477, # 1. Amended by S10ts.1974, c. JJ97. # 1; Slats.
1978, c. 1193, # 1; SI01..1978, c. 1260. # 1; Slots.1978, c.
1260, # 2; Slots.1984, c. 43, f 2; Slats. 1987, c. 1433.
p.)
Amendment of this section by f 2 of Stats.I97., c. 1193, railed to
become operarive under lhe IeI'mI of t 3 of thai Itl.
/
Croa Rtfueucell
UJrrecliona Training Fund, see ~ 6040 e! !Ieq
f 832.4. Standards and tralolng, basic certificate for
certain peace officers; 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 fint employed after January I, 1974, and is
responsible for the prevention and detection of crime and
the general enforcement of the criminal laws of this state,
shall obtain the basic 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 pesce officer listed in subdivision (a) of
Section 830.1, except a sheriff, elected constable, or
elected manhal, who is employed after January I, 1988,
shall obtain the basic 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 pesce
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 Slold973. c. 478,
# I. Amended by Slols.1974. c. 1006, #3; SIOI~1980, c.
JJ40, # 23; SI015.1987, c. 843, # I.)
f 832.5. Citizens' complaints against personnel; in....
tigation; description of procedure; retention of
records
(a) Each department or agency in this state which
employs pesce officen shall establish a procedure to
investigate citizens' complaints against the personnel of
such departments or agencies. and shan make a written
description of the procedure available to the public.
(b) Complaints and any reports or findings relsting
thereto shall be retained for a period of at least five years.
(Added by SIOI~ 1974. c. 29, # 1. Amended by S1015.1978.
c. 630. # 4.)
~ Deputies or appointees .. reSf"e or auxlUary
~cers; powen of pesce officer; conditions
(a) Every penon deputized or appointed, as described
in subdivision (a) of Section 830,6, shall have the powen
of a pesce officer only when the person is any of the
following:
(1) Deputized or sppointed punuant 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 Slate, whether or not
working alone, and the penon has completed the basic
f '/ f
,
363
Title 3
The notification described in this subdivlsion 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 SIal<1978. c. 630. * 5. Amended by
Slal~ 1985. c 539. * 3; Slal~ 1988. c. 685. * 2; SIal~
1989. c 615. * I.)
f 832.8. Personnel records
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:
(aJ Personal data. including marital status. family
members. educational and employment history, home
addresses. or similar information.
(b) Medical history.
(c) 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 he or she perceived, and pertaining
to the manner in which he or she performed his or her
duties.
(I) Any other information the disclosure of which
would constitute an unwarranted invasion of personal
privacy. (Added by Slal<1978. c 630. * 6: Amended by
Slats. 1990. c. 264 (5.B.1985), * I.)
"fAKING OF ARREST
~ 833.5
CHAPTER 5. ARREST. BY WHOM
AND HOW MADE
SectIon
133. Possession of danlerous weapons; search: seizure:; arrest.
133.5. Detention to determine wbether crime relatilll to firearms or
deadly weapons bu been committed; reasonable cause;
sean;:h incident to detcation; dispoul of teiz:ed firearm or
weapon.
Am:st defined; persons .uthorized to arrest.
Resistance to arrest.
Method of makin. arrest; amount of restninl.
UIe or force to effect arrest, prevent escape. or o...ercome
resis.......
Pc:Ice ofticcn; arrest under warrant; arounds for .rresl
without warrant
Arnst of escapees.
Public oft"tccn and employee&; arrest without w.rrant;
around&; civil liability; notice to .ppear; ofticcn .nd
employees or local apDCics.
Pri....te pcnons; .uthority to amst.
Ma,istrate; oral order to officer or pri....te penon to arrest,
Authority to summon aid to make arrest.
Tune or anal; felony; misdemeanor.
Formalities in milia. arrest; exceptions.
.Exhibition or warrant on request.
Arrest under warrant; forc:e permissible.
Brc:akinl open door or window to cfrect arTest; demand for
admittance; explanation or purpoIC.
134.
1340.
m.
135..
136.
1l6-3.
136.5.
137.
131.
1l9.
..0.
14..
142.
143.
....
Section
'45
Breaking open door or window to lea...e houS(' entered for
purpoS(' 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 offker; liability for false arrest.
Fugitive admitted to bail in another Atate; affidavit; hearing;
warrant for arrest; order for return.
Arrest by officer; compliance with warrant.
Arrest without warrant; duty to lake prUoner before magistrate
and file complaint; release from custody.
Arrest without filing of accusatory pleading: record; arrest
deemed detention.
Telegraphic warrant; authorization; effect: proceedings under
warrant: subject of written or telegraphic warrant in custody;
furnishing copy and infonning of rights.
Telegraphic warrant: filing certified copy in telegraph office:
return of original.
Right of arrested person to make telephone calls; posting of
sign.
Release of person arrested without warrant or filing of .ccusato-
ry pleading; issuance of detention certificate; form; deletion
from lUTest records.
Petition to seal court records by person arrested for misdemean-
or while a minor: &rounds: exceptions.
Sealing and destruction of arrest records; detennination of
f.ctual innocence.
Motion to seal records on acquittal if person appears to judge to
be factually innocent; rights of defendant under order.
Cl'OIa RdereDceI
Arrest warrants, see f 813 et seq.
Bench warrant. arrest, see U 919. 1199.
Conspiracy to procure another to be arrested, see f 182.
False arrest as misdemeanor. see f 146.
Foreign witness immune from arrest, see f 1334.~.
Issuance of search warrants, see f IS23 et seq.: Const. Art. I, f 13.
Legislaton' pri...ilege from arresl. see Const. Art. 4, f 14.
Maaistrate, defined, see U 1, 801. 808.
Peace officer. defined, see Government Code f 50920.
Report of arrests to Department of Justice, see f 131SO.
Resisting fal~ arrest, right, see Ci...il Code t SO.
Searches and seizures, see f 1523 et seq.; Const. Art. I, f 13.
Uniform Act on Fresh Punuit, see f 852 et seq.
Unnecessary restraint, see f 688.
Voten' privilege from arrest on election day, see Elections Code f 14353.
'46.
'47
841.5.
848.
'49
849.~.
8S0.
851.
8SU.
851.6.
851.7.
8~1.8.
8~1.8~.
f 833. Possession of dangerous weapons; search; sei..
zure; urest
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 Slal~/957. c. 2147, * 9.)
Croll ReteruC'el
Concealed weapons. see f 12020 el 1eQ.
Danaerous weapons control law, see f 12000 et seq.
Deadly weapons. possession witb intent to assault, see t 461.
Receipts for money or property taken from defendant on arrest, see
II \412. 4003.
Searches and seizures, see I 1523 e1 seq.; Const. Art. I, f 13.
~ 833.5. Detention to determine wbether crime relating
to firearms or deacUy weapona bas been committed;
reaaonable cauae; searcb incident to detentioa;
eIIsposal of seized firearm or weapon
(a) In addition to any other detention permitted by
law, if a peace officer haa reasonable cause to believe that