Pitchess Motions

Defense attorneys experienced in handling California drunk driving cases typically make one or more pretrial motions before the case goes to trial. One pretrial motion is called a Pitchess motion - a request made by the defense to access information in the arresting officer's personnel file. The skilled DUI / DWI defense lawyers at The Kavinoky Law Firm are experienced in every aspect of using Pitchess motions to improve the trial prospects of motorists accused of driving under the influence.

Pitchess motions stem from a 1974 California Supreme Court case, Pitchess vs. Superior Court, which is now included in the California Evidence Code. The court in the Pitchess case mandated that a defendant must receive any information that is relevant to the defense. The arresting officer's personnel file may contain information that support's a defendant's claim that the officer engaged in misconduct in the past. Complaints might include excessive force, racial bias, false arrest, planting evidence, discrimination, harassment, or criminal conduct on the part of the arresting officer.

The most common reasoning behind the request for personnel records involves questioning the arresting officer's credibility. Items in the officer's personnel file that might call his or her honesty into question include allegations of filing a false police report, using improper tactics, such as illegal or non-approved methods of attaining evidence, or physically abusing or threatening a defendant.

Pitchess motions are extremely complex and require an experienced criminal defense attorney who understands all aspects of this motion. If the correct procedure isn't followed, the personnel records of the arresting officer may never be revealed, and won't be utilized in the type of defense necessary to win a DUI / DWI case involving officer misconduct.

A hearing is required to determine whether the officer's records can be accessed, because the court must balance the rights of the defendant against the officer's equally compelling interest in maintaining privacy. The hearing is designed to ensure an appropriate balance of these two compelling interests.

Records that may be accessed after a successful Pitchess motion might include records of internal affairs investigations, citizen complaints, and psychological or other medical information concerning the arresting officer. However, the requested records must be relevant to the specific complaint. For example, if the defendant is alleging that the officer filed a false police report, then allegations of excessive force would not be open to investigation.

A Pitchess motion must be served on the custodian of the records. In most cases, this is the law enforcement agency that employs the officer. The motion must include a hearing notice which details the records sought, legal arguments in support of disclosure in that particular case, a declaration under oath (usually by the defendant's attorney) which specifies the defenses raised and the factual justification for disclosure, and a proposed order for the judge to sign. If excessive force is charged against the officer, then a copy of the police report must be attached.

The motion must be served at least 21 calendar days before the hearing date if hand-delivered to the law enforcement agency. If the motion is served in the mail, then five additional days are required.

The hearing occurs in two steps. During the first step, the judge determines which records are subject to disclosure. Second, the judge will review the particular records in camera, meaning outside of the presence of the lawyers and defendant.

A successful Pitchess motion must demonstrate good cause, meaning that the defense must substantiate the claim with relevant facts from the incident. The court must determine that the defendant has set forth specific facts that support the particular records requested. However, the legal standard for good cause is relatively low. The defendant making the request need only show that the scenario of police misconduct could or might have occurred. If the records are too old, the judge isn't likely grant access to them, even if they involve the same type of misconduct alleged.

Successful Pitchess motions are favorable rulings for defendants that result in arresting officers' records being released. An experienced California drunk driving lawyer will use that information in an attempt to demonstrate a pattern of misconduct on the part of the arresting officer, which may result in certain evidence being excluded at trial.