Policy Text
University of California, San Francisco
Police Department General Orders
1
3.46 Release of Person Information
3.46.2 Pitchess (Revised : 1/7/22 )
A. This General Order establishes a procedure for release of information from police officer
and civilian employee confidential personnel files pursuant to Evidence Code § 1043.
Pursuant to PC § 832.7, the District Attorney (or other state prosecuting attorney) can
only obtain access to citizen complaints and other information from peace officers’
confidential personnel files by filing a Pitchess motion , with the following exceptions:
1. A record related to the report, investigation or finding s of any of the following:
a. An incident involving the discharge of a firearm against a person by a
peace officer or custodial officer
b. An incident involving the use of force against a person by a peace officer
or custodial officer that resulted in death or in great bodily injury
c. A sustained finding involving a complaint that alleges unreasonable or
excessive force
d. A sustained finding that an officer failed to intervene against another
officer using force that is clearly unreasonable or excessive.
2. A record relating to an incident in which a sustained finding was made by any law
enforcement or oversight agency that a peace officer or custodial officer engaged
in sexual assault involving a mem ber of the public.
3. A record relating to an incident in which a sustained finding was made by any law
enforcement or oversight agency involving dishonesty by a peace officer or
custodial officer directly relating to the reporting, investigation or pr osecution of a
crime or directly relating to the reporting of or investigation of misconduct by
another peace officer or custodial officer.
4. A record relating to an incident in which a sustained finding was made by any law
enforcement or oversight agency th at a peace officer or custodial officer engaged
in conduct including, but not limited to, verbal statement, writings, online posts,
recording s and gestu res involving prejudice or discrimination against a person on
the basis of race , religious creed, color, national origian, ancestry, physical
idsablility, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age, sexual orientation or
military /veteran status.
5. A record relating to an in cident in which a sustained finding was made by any law
enforcement or oversight agency that the peace officer made an unlawful arrest or
conducted an unlawful search.
B. When a Pitchess motion is received by the Department, it shall be forwarded to the P SD
Commander for review. The PSD Commander shall serve as the Custodian of Records
for all records related to the motion.
C. The subject officer will be notified in writing that a Pitchess motion has been filed.
University of California, San Francisco
Police Department General Orders
2
D. The assigned Custodian of Records shall notify the UC Office of General Counsel of the
motion and request representation.
E. The Custodian of Records shall accomp any all personnel records during any in camera
inspection and address any issues or questions raised by the Court in determining whether
or not any material contained in the file is both material and favorable to the criminal
defendant.
F. If the court de termines that any material contained in the records is both material and
favorable to the criminal defendant, the Custodian of Records shall ensure that only the
material that is ordered to be released shall be copied.
G. Release of any material as order ed during an in -camera inspection shall not be considered
a waiver of the confidentiality of the records. If information is released, the attending
Custodian should request that the records be limited to the involved case and that all
copies be returned fo r destruction at the completion of the case.