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Name: Giovanni B. v. Superior Court
Case #: D049778
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/30/2007
Summary

A Pitchess motion was properly denied where police records sought were irrelevant to the defense. The minor was charged with possession of a dirk or dagger, and filed a Pitchess motion for discovery concerning the arresting officers. He asserted that the officers had no reasonable basis for the initial detention, and the claimed basis for the detention was not true. He therefore sought any information concerning the officers’ veracity which would be material to support his motion to suppress. The appellate court affirmed the denial of the Pitchess motion. The minor was stopped because he appeared to be underage and was in violation of curfew, a fact he did not contest. He cannot contest the validity of the stop and search by asserting the officers’ other observations concerning suspected criminal activity were false. Because the officers had probable cause to detain the minor based on uncontested facts and independent of the alleged lies about his other activity, the trial court correctly ruled that the material sought was irrelevant to the defense.