February 2019 LACBA MCLE Test and Answer Sheet

 

Test No. 285: OPENING SECRETS

To access the article related to this test, please click here. The article will open in a separate window.
  
Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $25 testing fee ($35 for non-LACBA members) to:

Los Angeles County Bar Association
Attn: Los Angeles Lawyer MCLE Test
P.O. Box 55020
Los Angeles, CA 90055

Make checks payable to Los Angeles County Bar Association.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-study activity.

6. For future reference, please retain the CLE test materials returned to you.


 

Test Sheet
 



  
Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. Prior to passage of Senate Bill 1421, California was considered one of the most secretive states regarding peace officer records.


2. SB 1421 gives the public a constitutional right to access all peace officer records.


3. When producing records under SB 1421, public agencies must release records or make them available for inspection pursuant to the Public Records Act (PRA).


4. Exemptions within the PRA attempt to strike a balance between the public’s right to access and the private information in records.


5. Under the PRA, the “catch-all exemption” can be properly invoked if the agency demonstrates the public interest in the record is clearly outweighed by the public interest served by not disclosing the record.


6. The reverse PRA action is a legal mechanism codified within the PRA.


7. If a public agency refuses to disclose records requested pursuant to the PRA, the requester can bring an action seeking a writ of mandate, or injunctive or declaratory relief.


8. If a judge finds that the public agency’s decision to refuse disclosure of a record pursuant to the PRA is not justified and determines that the requester is the prevailing party, the requester will be awarded court costs and attorneys’ fees.


9. Prior to SB 1421, a Pitchess Motion was the only means to obtain peace officer records.


10. Records or information that is not disclosable under SB 1421 may still be disclosable with a Pitchess motion.


11. In order to get information related to an officer’s conduct through a Pitchess motion, the petitioner must attest to the following:





12. SB 1421 changes the Penal Code to allow for the release of peace officer records that are related to:




13. SB 1421 allows the disclosure of records regarding claims of sexual assault, regardless of whether the claims are sustained.


14. Records relating to a sustained finding that a peace officer lied in a police report are disclosable under SB 1421.


15. After SB 1421, the Penal Code makes records relating to peace officer use of force disclosable when the following incidents occur:





16. After SB 1421, peace officers have no means to stop the disclosure of their records.


17. After SB 1421, peace officer records will be disclosed if a sustained finding of officer dishonesty is still under appeal.


18. When records are released pursuant to SB 1421, the following information must be redacted:





19. After SB 1421, peace officer records will be disclosed if there are sustained findings that the officer sexually assaulted the following:





20. SB 1421 specifically identifies instruments of force:

 


Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.