In what circumstances will a defendant be able to bring a motion alleging that an officer lied about the basis for their arrest?

California, United States of America


The following excerpt is from People v. Grant, B256679 (Cal. App. 2015):

In order to show that the information sought is material to the litigation, a defendant must both establish "a logical link between the defense proposed and the pending charge," and also "articulate how the discovery being sought would support such a defense or how it would impeach the officer's version of events." (Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1021 (Warrick).) A defendant must present "a specific factual scenario of officer misconduct that is plausible when read in light of the pertinent documents" but "need not [] provide a motive for the alleged officer misconduct." (Id. at p. 1025 (citations omitted).) Thus, claims that an officer lied about the basis for a defendant's arrest or fabricated evidence are often sufficient grounds for Pitchess

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