GIOVANNI B. v. Superior Court

In September 2006 the San Diego County District Attorney’s Office filed a petition in juvenile court charging Giovanni B. with possession of a dirk or dagger in violation of Penal Code section 12020, subdivision (a)(4). Giovanni denied the charge.

Giovanni filed a Pitchess motion seeking discovery of information concerning evidence of complaints that the arresting officers, Chula Vista Police Officers Trampus and Murgia, had made false ■ statements in their reports or committed other acts of dishonesty. Giovanni asserted the information would be relevant to a motion to suppress the weapon as the product of an unlawful search and seizure. The court denied the motion without conducting an in camera review of the requested records because it concluded the requested information, even if extant and credited by a trier of fact, would not establish the defense urged by Giovanni as the basis for the Pitchess motion.

Giovanni filed this petition for writ of mandate to challenge the court’s denial of the Pitchess motion, asserting (1) he met his low burden of materiality necessary to require an in camera review of any relevant documents; (2) the court must assume his allegations…