Did you have a bad cop on your case and a victim of police misconduct? A Pitchess motion is designed to uncover impeachment material that challenges the credibility of a police officer, based on their prior misconduct within the last five years.
Understanding the Pitchess motion is a powerful tool in your hands. It's not just a legal procedure, but an empowering step that allows you to identify any pattern of police misconduct. This knowledge empowers you to challenge the credibility of law enforcement officers, who are public servants paid with taxpayer money and can be targets for complaints from citizens for any misconduct.
Our Los Angeles criminal defense law firm often hears from our clients who describe how a police officer unlawfully stopped them based on their appearance. They often feel racially profiled as the police officer incorrectly believed they were a gang banger, or just because they were driving through a bad neighborhood on the way home.
In some cases, our clients claim they were falsely accused and wrongfully arrested. It's typically difficult to prove that a police officer is a “bad cop,” but defendants can request that the judge produce the officer's personnel file. However, these types of complaints are not available to the general public. A court order is required to obtain information about prior misconduct by a police officer.
This could allow a defendant to find out if the police officer has a history of excessive force, racial profiling, falsifying information, unlawful police stops, planting evidence, among any other issues of misconduct. All law enforcement officers are public servants who are paid with tax money. This means they can be a target for complaints from citizens for any misconduct.
An example in Los Angeles County includes situations where someone was arrested for drug possession for sale after an undercover police officer claims he sold them to the defendant. However, the defendant claims he was not in possession of drugs and certainly did not purchase any from the police officer.
Victim of Police Misconduct
Imagine a scenario where a defendant claims the officer lied and planted the evidence. In such a situation, a successful Pitchess motion could be a game-changer. The motion, a “good cause” affidavit, could potentially reveal the officer's history of lying and filing false police reports in the personnel file, significantly bolstering the defendant's defense and potentially turning the tide in their favor. This revelation could lead to the dismissal of charges or a significant reduction in penalties, offering a ray of hope in an otherwise challenging situation.
We have seen cases where the revelation of a police officer's history of misconduct has led to the dismissal of charges or a significant reduction in penalties. This affidavit would describe how information in the police officer's personnel file might indicate a history of lying and filing false police reports, which could be useful to their defense.
The judge would then decide if the affidavit is sufficient to show “good cause” for disclosing the officer's record. If you have been arrested and believe you are a victim of police misconduct, you may have good cause for a Pitchess motion.
Rest assured, our Los Angeles criminal defense lawyers at Eisner Gorin LLP will meticulously review your situation to determine your legal options and potential pretrial motions. Now that we have covered a general overview of a California Pitchess motion, let's take a closer look at the legal language below.
Description of a Pitchess Motion
A California “Pitchess motion” is described in Evidence Code § 1043 and Evidence Code § 1045. It is a request for information in a police officer's personnel file. In a Los Angeles County criminal case, you will need to obtain a court order to review the complaints of a police officer. This process involves filing a formal request with the court, providing a valid reason for the request, and awaiting the court's decision.
Our Los Angeles criminal defense attorneys typically file a Pitchess motion as part of the pretrial process when we have reason to believe that our client was the victim of police misconduct.
A “Pitchess Motion” was named after the California landmark case Pitchess v. Superior Court (1974) 11 Cal.3d 531, where the California Supreme Court made such disclosures permissible.
After our law firm submits the motion, a court hearing will be held to determine whether we have alleged a sufficient factual basis for the police officer's misconduct. If the court agrees, the motion will be granted, and the judge will review the police officer's personnel file.
If there are complaints in their file, the judge will have to determine which specific complaints are relevant to our allegations of misconduct and hand them over to our attorneys. The judge's role is to ensure that only relevant and necessary information is disclosed, maintaining the fairness and integrity of the legal process. This commitment to fairness and integrity should reassure you that the legal system is on your side in the pursuit of justice.
For example, if we make allegations that the officer falsified probable cause to search your vehicle, then any similar complaints from other citizens would be relevant to our probable cause misconduct claim.
Types of Misconduct
Our Los Angeles criminal defense attorneys will consider a wide range of allegations to determine the basis of a Pitchess motion. These include:
- Fabrication of probable cause.
- Unlawful arrest or traffic stops.
- Sexual harassment.
- Excessive force.
- Racial profiling.
- Falsified police reports.
- Coercing confessions.
- Perjury.
- Evidence tampering.
If you have a reasonable belief that the police officers who were involved in your arrest have engaged in any type of misconduct above, and the misconduct had a direct impact on your criminal charges, a Pitchess motion could potentially reveal proof that the police officers have a track record of this type of behavior. This knowledge will prepare you for the legal battle ahead, armed with the information you need to defend your rights.
How to File a Pitchess Motion
As stated above, a Pitchess motion is filed during the Los Angeles County criminal court pretrial proceedings. This means a judge will act on your motion before your jury trial.
Our lawyers may even file a Pitchess motion before your preliminary hearing, but the court typically won't take any action until after it's concluded. Under California law, our criminal attorneys are required to file the Pitchess motion in writing. Evidence Code 1043 describes that the motion must include the following information:
- The criminal court case, the defendant, the police officer, and the agency with custody of the records;
- Description of the type of records being sought;
- Affidavit showing “good cause” for revealing the records, and
- Prove that the defendant notified the agency that has the records of the motion.
Affidavit Showing Good Cause
It's important to note that the affidavit showing “good cause” to disclose the police officer's record is the most critical part of the Pitchess motion.
The affidavit has to show that a fact-based scenario supports allegations of police officer misconduct in your case, and the exact reasons why that misconduct is relevant to your case.
The Pitchess motion has to be personally served on the government agency 16 court days before the actual hearing.
It should be noted that the Los Angeles County prosecutor does not have to review the entire motion, only that the hearing will take place. This is because they don't oppose the motion; rather, it's the police department.
If the “good cause” affidavit and the Pitchess motion meet the requirements listed above, the motion is granted, and will move to the next step in the process. Contact our Los Angeles criminal defense law firm for more information on filing a Pitchess motion. See related: Brady Motion.
In Camera Hearings on a Pitchess Motion
“In camera” simply means the hearing will be off the record, in private, rather than in open court. After the judge “grants” the motion, the judge will determine whether the information in the police officer's personnel file is relevant to claims that it's important for your defense.
The judge will only reveal information that is relevant to your motion. There are specific types of information in the officer's file that can't be disclosed, including
- Complaints against the officer that occurred over 5 years before the alleged misconduct in your case,
- Personal opinions of other officers who investigated citizens' complaints against the officer,
- Irrelevant facts so remote that they would not provide any benefit for releasing them.
If the judge finds there are complaints against the police officer in their personnel file that are relevant to your case, they will order the complaints to be turned over to your criminal defense lawyer.
Your attorney will receive a list of individuals, along with their contact information and the subject of their complaint. Your lawyer will then be able to contact these people for an interview about the details of their case and could even use them as witnesses.
This could prove very useful in impeaching the officer or highlighting common themes, such as the use of excessive force or falsification of a police report. If the judge declines even to have an in camera hearing, you can use the appeals process to appeal the decision.
Contact our LA Criminal Attorneys
If you have been arrested and believe there was misconduct by the arresting police officer, you need to contact the Los Angeles criminal defense lawyers at Eisner Gorin LLP.
We will closely review the details of your case in order to determine if filing a Pitchess motion could prove beneficial in your defense. Contact our law office at 877-781-1570. Eisner Gorin LLP 1875 Century Park E #705 Los Angeles, CA 90067 310-328-3776
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