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Name: Warrick v. Superior Court
Case #: S115738
Court: CA Supreme Court
District CalSup
Opinion Date: 06/02/2005

A Pitchess motion need only demonstrate that the alleged scenario of police misconduct could or might have occurred. The Supreme Court here considered an issue related to the materiality aspect of a Pitchess inquiry, specifically, what the defendant must show in order to warrant an in-chambers review of documents or information in the officer’s personnel file that is potentially relevant to the claim of misconduct. The Court held that the defendant need only show that the alleged conduct could possibly have occurred. The scenario alleged by the defendant need only be plausible, and in this sense “plausible” means only “possible,” not “likely.”