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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.
Such a motion can be made by a criminal defendant to discover complaints made against a police officer, and the investigation of those complaints, such that they are contained in the officer's personnel records. The motions can be made in a California Superior Court under California Evidence Code 1043–1046. [19]
The first step in criminal procedure is for the defendant to be arrested by the police. In California, the police may arrest a person: for a misdemeanor crime if the police have probable cause and personally witnessed the crime occur in front of them or the police have a signed arrest warrant from a judge [7]
The defense is most often used in conjunction with another defense, where the mistake led the defendant to believe that their actions were justifiable under the second defense. For example, a charge of assault on a police officer may be negated by genuine (and perhaps reasonable) mistake of fact that the person the defendant assaulted was a ...
That’s the finding of a new report from the Center on Juvenile & Criminal Justice, a nonprofit dedicated to researching and advocating for criminal justice reform. The report, which can be read ...
The California Bureau of Investigation (CBI or BI) is California's statewide criminal investigative bureau under the California Department of Justice (CA DOJ), in the Division of Law Enforcement (DLE), administered by the Office of the State Attorney General that provides expert investigative services to assist local, state, tribal, and federal agencies in major criminal investigations ranging ...
Meanwhile, the Los Angeles Police Department, one of the state's largest forces, is losing more officers than it is graduating from the police academy. In 2021, California cities spent more than ...
The police department in Oakley, a city about 40 miles south of Sacramento, which The N&O found was sharing license plate data with at least seven out-of-state agencies — including in Texas and ...