Can a criminal defendant obtain confidential peace officer personnel records?

California, United States of America


The following excerpt is from People v. Peter K. (In re Peter K.), B237211 (Cal. App. 2013):

Peace officer personnel records are confidential. (Pen. Code, 832.7, 832.8.) Nevertheless, criminal defendants have a limited right to discovery of such records. (California Highway Patrol v. Superior Court (2000) 84 Cal.App.4th 1010, 1019.) A defendant must file a written motion for discovery, which must include a description of the type of records or information sought and a supporting affidavit that shows good cause for the discovery. The affidavit must establish the materiality of the discovery and state upon reasonable belief that the identified governmental agency has the records or information sought. (Evid. Code, 1043; California Highway Patrol v. Superior Court, supra, at pp. 1019-1020.)

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