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31 Whittier L. Rev. 279 (2009-2010)
Good Cop, Bad Cop - Anyone's Guess: A Review of the Pitchess Motion for Criminal Discovery in the State of California

handle is hein.journals/whitlr31 and id is 293 raw text is: GOOD COP, BAD COP? ANYONE'S GUESS: A REVIEW OF THE PITCHESS MOTION FOR CRIMINAL DISCOVERY IN THE STATE OF CALIFORNIA That's some catch, that Catch-22, he observed. It's the best there is. -- Joseph Heller, Catch-22' I. INTRODUCTION A Pitchess motion is a criminal discovery mechanism to retrieve police personnel records when an officer is accused of misconduct in the state of California. The name of the motion is based on a famous 1974 case where the California Supreme Court held that a defendant has the ability to obtain police personnel records.2 The case was named after Peter J. Pitchess, the Sheriff of Los Angeles County in the 1970s and involved defendant Cesar Echeveria, who was charged with battery on four deputy sheriffs.3 The defendant successfully sought to establish that the deputies in question had used excessive force against him, and that his actions were in self-defense.4 To establish his claim, the defendant tried to obtain evidence of the officer's proclivity for violent behavior.5 Section II of this article introduces the overarching problems related to the Pitchess motion. Section III explores the historical evolution of the motion, the current statutory interpretation of it, and the judicial in camera review. Section III also explores the procedural 1. Joseph Heller, Catch-22 55 (Simon & Schuster Inc. 1961). 2. Pitchess v. Super. Ct. of L.A. Co. (Echeveria), 522 P.2d 305, 307, 309 (Cal. 1974). 3. Id. at 305, 307. 4. Id. at 307. 5. Id. 279