During a criminal case, you have the right to information that might help your defense. Figuring out whether an officer behaved unprofessionally in the past might help you prove you were racially profiled, discriminated against, or in some other way wrongfully arrested.
Getting access to an officer’s employment history can be challenging without help. Police personnel files in Pennsylvania aren’t public record. In fact, they are confidential. You must file a pretrial Motion to Review Police Personnel Files and convince a judge to approve it.
To learn more about this type of pretrial motion and when it might be useful, call Fienman Defense at (215) 839-9529 or use the online form to schedule a free consultation.
What Is a Motion to Review Police Personnel Files?
This pretrial motion asks a judge to order the police department to turn over the employment records of a specific officer—usually the one who arrested or investigated you. These records may include:
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Internal affairs investigations
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Disciplinary actions
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Citizen complaints
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Reports of excessive force
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Mental health or medical evaluations (when relevant)
However, the court will only allow access to records that are directly related to your case. Your defense attorney must clearly demonstrate how these records could support your argument or undermine the prosecution.
Pennsylvania’s Right-to-Know Law Won’t Help
The PA Right-to-Know Law grants public access to many government records, it does not apply to most police personnel files. For example:
- If an officer is fired or demoted, the change itself is public
- But the reasons behind the action are not publicly disclosed
You can request records under this law, but you shouldn’t expect access to internal files or disciplinary history unless a judge orders it through a motion.
When Is This Motion Appropriate?
Your attorney will closely examine the details of your arrest and any potential misconduct. If there’s reason to believe the police acted improperly—whether through racial profiling, excessive force, or an illegal search—your lawyer may file a motion to review the officer’s history.
This isn’t a fishing expedition. The motion must be tailored to your defense strategy and backed by evidence that suggests misconduct may have occurred.
Why an Officer’s Background Matters
The purpose of this motion is to identify past behavior that may reveal a pattern of misconduct, including:
- Racial profiling
- Excessive force
- Domestic abuse
- Discrimination
- Harassment
- Threats
- Improper searches and seizures
- Illegally obtained evidence
- False arrests
- Instances of professional dishonesty
- Criminal conduct
- Other forms of misconduct
The information you’re looking for depends on your circumstances. One kind of misconduct isn’t necessarily relevant to another. If you’re arguing you were the victim of excessive force, then your lawyer will review the officer’s files for unnecessary violence and coercion.
If you believe you were the victim of racial profiling, your lawyer will look into the demographics of the officer’s arrests. It might be clear that the officer, or possibly the entire police department, targets people of color.
Why You Need an Attorney for This Motion
Judges don’t grant access to police personnel files lightly. Your attorney must present a persuasive written motion supported by facts, showing why the officer’s background is crucial to your defense. This includes:
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Highlighting signs of misconduct in your case
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Explaining how specific records may be relevant
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Notifying the prosecutor and police department, who may oppose the motion
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Arguing in court during a formal hearing
An experienced criminal defense lawyer can make the case that your right to a fair trial outweighs the officer’s privacy interests.
Fienman Defense Fights for You – Before Trial Even Starts
Attorney Michael Fienman has years of experience as a Philadelphia criminal defense attorney. He believes in using an aggressive pretrial motion practice because a lot can happen before trial that helps your case. Through pretrial motions like a Motion to Review Police Personnel File, he can strengthen your defense and weaken the prosecution.
To meet with Fienman Defense about your case, submit your information online or call (215) 839-9529. We offer free and confidential consultations.
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