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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(tem No. -r/s-' , CITY OF SAN BER~DINO - REQUEST ~ COUNCIL ACTION STAFF REPORT PROBLEM The retention and storage of outdated citizen and internal complaints, employee grievances, internal promotional tests and evaluations, personnel records and pre-employment polygraph test results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 The pol ice department's retention and storage of these outdated, records more than five years old, documents and records is not in accordance with existing state laws.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 1 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 - o o 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 1 March 12, 1992 1 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 IJ I o o 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 - 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 l / /1 / , , /.1 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