Pitchess Motion May Be Supported by a Lawyer

In Garcia v. Superior Court (2007) 42 Cal.4th 63, the California Supreme Court explained that a Pitchess motion may be supported by an affidavit from counsel describing, on information and belief, "a factual scenario that would support a defense claim of officer misconduct. 'That factual scenario, depending on the circumstances of the case, may consist of a denial of the facts asserted in the police report.' . . . Corroboration of or motivation for alleged officer misconduct is not required. Rather, 'a plausible scenario of officer misconduct is one that might or could have occurred.' A scenario is plausible when it asserts specific misconduct that is both internally consistent and supports the proposed defense." (Id. at p. 71.)