What Is a Pitchess Motion in California?

If you face criminal charges in California, a law enforcement officer’s conduct and credibility can significantly impact your case’s outcome. A Pitchess motion is a way for defense attorneys to investigate an officer’s history. Named after the landmark 1974 case Pitchess v. Superior Court, this legal tool allows a defendant to request access to specific, relevant law enforcement personnel records.

While Pitchess motions can be pivotal in building a robust defense, they are not applicable in every circumstance, and attorneys must be strategic about filing them.

What Is a Pitchess Motion?

A Pitchess motion is a formal request made by a criminal defense attorney seeking access to specific information from a law enforcement officer’s personnel records. Typically, this includes complaints or disciplinary actions related to the officer’s credibility, use of force or potential bias.

California Evidence Code Sections 1043-1047 govern the procedure for filing a Pitchess motion, established after the California Supreme Court recognized that an officer’s disciplinary history can be highly relevant to a fair defense.

For example, if your arresting officer has a documented history of racial prejudice or excessive force, your attorney could use this information to challenge the officer’s credibility or support claims of misconduct.

The Purpose of a Pitchess Motion

The right to file a Pitchess motion reflects the need to consider two crucial interests.

• A defendant’s right to a fair trial: Ensuring that evidence about an officer’s misconduct is available when it’s relevant to the defense.
• An officer’s privacy rights: Protecting law enforcement personnel records from unfounded or irrelevant disclosures.

Because of this balancing act, courts require defense attorneys to show “good cause” for the requested information. In other words, the defense must present a plausible scenario where the officer’s conduct or credibility is material to the case. A Pitchess motion cannot be a frivolous attempt to review an officer’s record.

The Impact of Senate Bill 1421

In 2019, California enacted Senate Bill 1421, which expanded public access to specific categories of police records, including:

• Officer-involved shootings
• Use of force resulting in death or serious bodily injury
• Sustained findings of sexual assault by an officer
• Continued findings of dishonesty in reporting, investigating or prosecuting a crime

While SB 1421 significantly increased transparency, it does not cover all types of police misconduct relevant to a defense case. For example, allegations of racial profiling, coerced confessions or falsified testimony may still require a Pitchess motion to uncover. Thus, while SB 1421 broadened access to some police records, Pitchess motions remain an essential tool in many cases.

How Attorneys File Pitchess Motions

A Pitchess motion requires a formal court filing that:

• Specifies the type of records sought (e.g., complaints, disciplinary actions)
• Explains why the records are material to the defense
• Demonstrates good cause with supporting facts

If the court finds good cause, a judge will privately review the requested records to determine which, if any, to release to the defense.

Why You Need an Experienced Criminal Defense Attorney

A Pitchess motion can be the difference between a fair trial and an unjust outcome if a law enforcement officer’s conduct is a factor in your case. However, because these motions are highly technical and must satisfy legal requirements, you need a knowledgeable attorney to:

• Identify potential misconduct relevant to your case
• Gather supporting evidence to confirm good cause
• Handle the complex legal process for filing and arguing the motion
• Effectively use obtained records to strengthen your defense

Ronald Brower brings over 45 years of criminal defense experience to protect your rights and explore every possible avenue for your defense – including filing Pitchess motions when appropriate. Contact us today to discuss your needs.