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What Happens if a Police Officer Lies: The Effectiveness of a Pitchess Motion

By Walin & Klarich

Defendants often wonder what they can do when it is just their word against the arresting police officer?s word. One option is to file a Pitchess motion to review the police officer?s personnel record. A Pitchess motion is a request made by the Defense in a California criminal case, for the personnel records of the arresting officer if the defendant has filed an affidavit alleging the use of excessive force or if there is reason to believe that the officer has a record of fabricating facts. If granted, the motion will expose the police officer?s record of duty and any complaints that may have been made against him or her. The defendant has a right to this information under California state law. Pitchess motions can be very effective in getting charges dismissed...continue to full post

Full post as published by Southern California Criminal Defense Blog on January 14, 2010 (boomark / email).