Cook Illinois Motion to Preclude the Sheriff's Department from Bringing Defendant Into Court in Shackles, and to Limit Number of Uniformed Officers in Courtroom

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State:
Multi-State
County:
Cook
Control #:
US-00799
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Word; 
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Description

This is a model motion requesting that the sheriff's office or other authority be prohibited from bringing a defendant into the courtroom in shackles or other restraints, and that the number of uniformed officers present in the courtroom be limited, in order that prejudicial impression that the defendant is dangerous or already guilty.
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  • Preview Motion to Preclude the Sheriff's Department from Bringing Defendant Into Court in Shackles, and to Limit Number of Uniformed Officers in Courtroom
  • Preview Motion to Preclude the Sheriff's Department from Bringing Defendant Into Court in Shackles, and to Limit Number of Uniformed Officers in Courtroom
  • Preview Motion to Preclude the Sheriff's Department from Bringing Defendant Into Court in Shackles, and to Limit Number of Uniformed Officers in Courtroom
  • Preview Motion to Preclude the Sheriff's Department from Bringing Defendant Into Court in Shackles, and to Limit Number of Uniformed Officers in Courtroom
  • Preview Motion to Preclude the Sheriff's Department from Bringing Defendant Into Court in Shackles, and to Limit Number of Uniformed Officers in Courtroom

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FAQ

Inside Due Process Violation Deprivation of Life. Deprivation of Liberty. Deprivation of Property. Procedural Requirements.

Motion granted. If a court grants a Pitchess motion, and the judge finds records relevant to a defendant's defense, the records are not typically turned over. Rather, the judge provides the defendant the name and contact information of anyone that previously filed a complaint against the officer.

A Pitchess motion (from Pitchess v Superior Court, 11 C3d 531 (1974)) is a special type of motion for discovery that requests information from a police officer's confidential employment file. The need for this motion usually arises when the defendant alleges police misconduct.

An example of due process is when a citizen is being arrested for a crime, they must be given notice of this crime, when the court case will be held, and given the right to an attorney.

A motion to suppress is a motion that revolves around the exclusion of evidence from trial. In the United States, a motion to suppress is a request made by a criminal defendant in advance of a criminal trial asking the court to exclude certain evidence from the trial.

A Pitchess motion is a discovery motion in California that requests information in confidential police personnel records that is relevant to issues in the case be turned over to the defense. The motion gets its name from the California Supreme Court case Pitchess v. Superior Court (1974) 11 Cal.

Procedure For Filing A Pitchess Motion Name of the officer whose records are sought. Name of the agency that has custody of the records. Description of the records sought and the information they might contain. Affidavit from the defense attorney with reasons supporting ?good cause? for the records.

Procedure For Filing A Pitchess Motion Name of the officer whose records are sought. Name of the agency that has custody of the records. Description of the records sought and the information they might contain. Affidavit from the defense attorney with reasons supporting ?good cause? for the records.

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Cook Illinois Motion to Preclude the Sheriff's Department from Bringing Defendant Into Court in Shackles, and to Limit Number of Uniformed Officers in Courtroom