Can we independently examine the record made by the trial court in denying a defendant's motion for disclosure of police personnel records?

California, United States of America


The following excerpt is from People v. Arevalo, 19 Cal.App.5th 652, 228 Cal.Rptr.3d 192 (Cal. App. 2018):

We can independently examine the record made by the trial court "to determine whether the trial court abused its discretion in denying a defendant's motion for disclosure of police personnel records." ( People v. Prince (2007) 40 Cal.4th 1179, 1285, 57 Cal.Rptr.3d 543, 156 P.3d 1015.) We have reviewed the reporter's transcript and conclude the trial court complied with the required Pitchess procedures. (

[19 Cal.App.5th 659]

People v. Mooc (2001) 26 Cal.4th 1216, 1225, 114 Cal.Rptr.2d 482, 36 P.3d 21.) The custodian of records was present and placed under oath. The court independently reviewed the relevant personnel file. The proceedings were stenographically recorded. ( Id. p. 1229, 114 Cal.Rptr.2d 482, 36 P.3d 21.) Our independent review finds the trial court did not abuse its discretion in determining there was discoverable information with respect to only one incident. We conclude the remaining records in the personnel file were not related to false reports or dishonesty and were properly withheld from production.

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