In what circumstances will a defendant bring a motion alleging that a police officer fabricated his allegation of dangerous driving?
California, United States of America
The following excerpt is from People v. Ashurst, H040995 (Cal. App. 2016):
People v. Hustead (1999) 74 Cal.App.4th 410 is distinguishable from the case before us. In Hustead, the defendant was charged with, among other things, evasion of arrest. (Id. at p. 412.) The defendant's Pitchess motion included defense counsel's declaration which stated that the officer fabricated the defendant's alleged dangerous driving. (Id. at pp. 417-418.) The declaration also stated that the defendant asserted that
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