Pitchess motion
Encyclopedia
A Pitchess motion is a request made by the defense in a California criminal case, such as a DUI case or a resisting arrest case, to access a law enforcement officer's personnel information when the defendant alleges in an affidavit
that the officer used excessive force or lied about the events surrounding the defendant's arrest. The information included can include prior incidents of use of force, allegations of excessive force, citizen complaints, and information gathered during the officer's pre-employment background investigation. The motion's name comes from the case Pitchess v. Superior Court 11 Cal.3d 531 (1974).
A defendant's right to information about alleged officer misconduct or dishonesty has since been established by statute in California in sections 1043 through 1047 of the California Evidence Code.
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
that the officer used excessive force or lied about the events surrounding the defendant's arrest. The information included can include prior incidents of use of force, allegations of excessive force, citizen complaints, and information gathered during the officer's pre-employment background investigation. The motion's name comes from the case Pitchess v. Superior Court 11 Cal.3d 531 (1974).
A defendant's right to information about alleged officer misconduct or dishonesty has since been established by statute in California in sections 1043 through 1047 of the California Evidence Code.