What is a Pitchess Motion?

Posted on March 10, 2017

When a defendant alleges misconduct on part of an officer or officers, they can file a Pitchess Motion requesting the court grant an order to review the officers’ personnel file.  An officers’ personnel file consists of citizen complaints or documented misconduct that could be useful when arguing a defense or contesting an evidentiary issue.  Complaints may include excessive force, lying, fabrication of evidence, or harassment.  These complaints can be incredibly useful in discrediting a police officer who the District Attorney will heavily rely upon in proving their case.

Pitchess motions are commonly filed by a Criminal Defense Attorney on behalf of their client.  The process requires filing a memorandum of points and authorities and proper service on the agency or law firm who will be representing the police officer.  Importantly, the motion must be attached with a declaration of counsel alleging a factual basis for the misconduct.  The motion must be served on the opposing party 16 courts day in advance or the motion may be denied.  It should be noted that the prosecuting agency is generally not the agency who is to be served.  The prosecutor need only be provided notice of the hearing date.

Pitchess motions are applicable in all criminal cases including felonies, misdemeanors, and even traffic infractions.  The petitioner has a relatively low standard of proof to obtain an in-camera review of the officers’ personnel file.  However, if the court grants the motion, defense counsel is not entitled to be present during the in-camera review of the officer’s personnel file.

During the in-camera review, the court will review all the complaints and documentation within the officers’ personnel file.  The judge will decide about which documents and/or complaints are relevant to the petitioner’s claim and order them to be released to the defendant.

Typically, the defense is only provided the names and contact information of citizens the defense may contact to learn of the basis of their complaint.  If the initial discovery is proven inadequate, the defendant must file a supplemental pitchess motion to receive the actual complaints and any audio/video recordings if any exist.

For more information or to schedule a free consultation, contact an Orange County Criminal Defense Lawyer at the Law Offices of John D. Rogers.