What is the procedure for a defendant to bring a motion alleging misconduct by the police?

California, United States of America


The following excerpt is from People v. Canela, D070607 (Cal. App. 2018):

Defendant informed the court he intended to file a motion pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess) regarding the potential misconduct of "all of them [i.e., the police]." The court informed defendant he could file this motion and any others, which would be heard at the next scheduled hearing. Ostensibly as a courtesy, the prosecutor advised defendant there were "somewhat unusual" procedures defendant had to follow to file his Pitchess motion. The court echoed that sentiment and noted defendant had to subpoena any officers subject to that motion.

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