CALIFORNIA POLICE MISCONDUCT: RIGHT TO PITCHESS DISCOVERY OF COMPLAINTS MADE AFTER THE ARREST
YES, WE DO HAVE THE RIGHT TO POLICE MISCONDUCT DISCOVERY OF COMPLAINTS MADE AFTER THE ARREST
The defendant was convicted. He appealed and eventually got federal habeas relief. Back in the trial court, the defendant moved for Pitchess (11 Cal.3d 531) discovery against the officers.
The trial court granted the motion, but denied any discovery of complaints made against the officers after the date of the defendant's arrest. Why on this earth judges consistently make up rules to protect the police is beyond me. Yes, I know they all run on "Law Enforcement's Choice" tickets for re-election. But a fourth grader would have enough sense to have granted this public defender's request. I mean, C'mon.
The California Court of Appeal says this is wrong. The defense is entitled to discovery of such complaints, on a showing of good cause.
Blumberg v. Superior Court; 2011 DJ DAR 11477; DJ, 8/1/11; C/A 2nd,
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