How have courts treated the discovery of material contained in law enforcement personnel files?

California, United States of America


The following excerpt is from Sampay v. Superior Court of Los Angeles County, B214812 (Cal. App. 5/13/2009), B214812 (Cal. App. 2009):

In general, the trial court's decision concerning the discovery of material contained in law enforcement personnel files is reviewed for abuse of discretion. (People v. Mooc (2001) 26 Cal.4th 1216, 1228.)

Due process requires the People to disclose all evidence favorable to the defendant which is material to guilt or to punishment. (Brady v. Maryland (1963) 373 U.S. 83, 87, 83 S.Ct. 1194, 1196-97 ["We now hold that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution."].)

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