What You Need to Know About Pitchess Motions in California
When you are facing criminal charges in California, your defense often comes down to credibility. Police officers are usually the main witnesses for the prosecution, and their testimony carries a lot of weight with judges and juries. But what happens if the officer who arrested you has a history of misconduct? How can you uncover that information to strengthen your defense?
This is where a Pitchess Motion becomes one of the most important tools in your case.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our defense attorneys near you.
What Is a Pitchess Motion?
A Pitchess Motion is a legal procedure used to request access to certain information in a police officer’s confidential personnel file. Defense attorneys often use this tool to uncover evidence of misconduct that could help impeach an officer’s credibility in court.
Even though California Penal Code Section 832.7 now makes some police records public — like incidents involving excessive force, dishonesty, or sexual assault — many other types of misconduct still remain confidential unless you file a Pitchess Motion.
Examples of misconduct that may require a Pitchess Motion include:
- False or coerced testimony
- Racial profiling
- False reporting
- Other acts involving moral turpitude
How the Pitchess Process Works
Pitchess Motions are governed by California Evidence Code Sections 1043–1047. Here’s how the process typically works:
- Filing and Notice – The defense must file a written motion and serve the law enforcement agency that holds the records at least 10 court days before the hearing.
- The Hearing – At the hearing, a judge decides whether there is “good cause” to review the officer’s file.
- In-Camera Review – If granted, the judge privately reviews the personnel file with the custodian of records and sometimes the city attorney. The defense and prosecution are excluded.
- Judicial Ruling – The judge determines which documents, if any, are relevant and orders disclosure under a protective order so they can only be used in the current case.
What Counts as “Good Cause”?
To succeed, a Pitchess Motion must show good cause. This means the defense must:
- Identify the officer and records requested
- Describe how the information is relevant to the defense
- Present a plausible alternative explanation of events that conflicts with the officer’s account
The California Supreme Court case Warrick v. Superior Court (2005) made it clear that the “good cause” standard is relatively low. Still, many motions are denied because they fail to explain how officer misconduct connects to the defense theory.
Pitchess Motions and Brady Material
Pitchess Motions often overlap with another important legal requirement: Brady disclosures. Under Brady v. Maryland (1963), prosecutors must turn over any evidence favorable to the defense, including exculpatory or impeachment evidence.
Sometimes, prosecutors will notify the defense that potential Brady material exists in an officer’s personnel file. This notice often triggers the need to file a Pitchess Motion.
- Pitchess “material” means evidence relevant to the pending case.
- Brady “material” means evidence that could affect the outcome of trial.
These two procedures work together to balance the defendant’s right to a fair trial with an officer’s right to confidentiality.
Why Pitchess Motions Matter to Your Case
If a police officer has a history of dishonesty, false reporting, or other misconduct, that information could be the difference between a conviction and a dismissal. But without a properly filed Pitchess Motion, you may never gain access to those records.
Because the process involves strict timelines, technical requirements, and complex case law, you need an attorney with experience in criminal defense and discovery motions. At Wallin & Klarich, our attorneys have been successfully filing and arguing Pitchess Motions for decades. We know how to craft persuasive affidavits, meet statutory requirements, and fight for the disclosure of records that could help prove your innocence.
Call Wallin & Klarich Today
If you or a loved one is facing criminal charges in California, don’t risk going to court without exploring every possible defense. A Pitchess Motion could reveal crucial evidence that undermines the prosecution’s case. At Wallin & Klarich, our team of experienced criminal defense attorneys has been protecting the rights of clients for more than 40 years.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
