Alleged Excessive Force Arrest for Possession of Cocaine In California
In People v. Gill (1997) 60 Cal.App.4th 743, 746, the defendant, who was charged with possession of cocaine, asserted that the officers used excess force in arresting him.
In support of a Pitchess v. Superior Court (1974) motion, counsel's declaration stated that "'It will be a defense in this matter that the alleged contraband was placed on appellant by Officer Hunt to cover up for his use of excessive force and that the officer has a pattern of fabricating probable cause in dope cases.'" (Gill, supra, at p. 750.)
The Court reversed the denial of the motion and held that the declaration was sufficient "to justify the discovery request to include prior complaints against Officer Hunt of fabrication of probable cause and planting of evidence to cover up his use of excessive force." (Ibid.)