Subpeona CHP officer Complaint list ?

What is the name of your state (only U.S. law)? California

Is there a way/method to find out who has submitted complaints agianst a chp officer ? and then later subpeona them for court ?

(please do not tell me get a lawyer to do it)

Keep all your posts together, as they pertain to the same incident.

You have four threads on the same subject.
Please identify the facts and question in one thread.

UltraDangerLord said:

What is the name of your state (only U.S. law)? California

Is there a way/method to find out who has submitted complaints agianst a chp officer ? and then later subpeona them for court ?

(please do not tell me get a lawyer to do it)

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There IS a way, but without a lawyer, your probably not going to know how to properly make the request. You cannot just ask for this on a fishing expedition as personnel records are protected per state law.

- Carl

Well I already have the dispatch log, police report on there way... The dispatch log was pretty hard to get as well.

Would I also get these from the custodian of records at the chp ? I need this for the dmv part, unless you can loan me some cash for a lawyer, lol

UltraDangerLord said:

Well I already have the dispatch log, police report on there way... The dispatch log was pretty hard to get as well.

Click to expand...

The police report can be obtained through discovery, unless the agency wants to release it to you earlier.

The dispatch log is tougher because CHP dispatch is centralized and the request has to go out to yet another office.

Would I also get these from the custodian of records at the chp ? I need this for the dmv part, unless you can loan me some cash for a lawyer, lol

Click to expand...

You cannot simply request this information. Pursuant to state law, personnel records are confidential. So, to obtain a copy of any complaints made against this officer, there is a specific process you must follow to seek that information, and very often you have to have some idea that there have been relevant complaints made against the officer.

What kind of complaints are you seeking? Complaints that he did not give other people time to read a document?

- Carl

I was looking for something along the lines of impatient or improper procedure.

Unless you would like to suggest something ?

there is a specific process you must follow to seek that information

Click to expand...

where to start ? who do I need to talk to ?

UltraDangerLord said:

I was looking for something along the lines of impatient or improper procedure.

Unless you would like to suggest something ?

Click to expand...

That's pretty vague, and, frankly, not likely to generate a personnel complaint. Unprofessional conduct, maybe ... but, again, the request has to be made in a proper Pitchess motion. If you Google the term: "Pitchess Motion", you will find a number of links to attorneys, self-help cites, and a few whacko sites.

where to start ? who do I need to talk to ?

Click to expand...

Try an attorney.

I have responded to these requests through my agency, but have no experience in writing them. if improperly made, they can be ignored. Doing this yourself would be a foolish endeavor.

Wait until you get that attorney and see if he thinks there is an avenue to pursue along these lines ... I doubt it, but, maybe.

- Carl

As Carl said, police personnel records are protected by statute, the constitution and case law. You will need to request the record. (You first have to know it exists. Perhaps through a deposition.) The other side or third party will claim privilege. You will then have to motion (Pitchess) the court to overcome the privilege and give specific reasons why. (You will need to search case law on what facts, or reasons, are acceptable.) The other side will oppose your motion as will the third party (CHP) holding the records. You will have a chance to respond to the opposition. The court will decide.

I agree.

It is the general practice of law enforcement agencies to resist such motions out of practice even if nothing exists.

- Carl