In what circumstances will the court allow discovery of police personnel records?

California, United States of America


The following excerpt is from People v. Memro, 214 Cal.Rptr. 832, 38 Cal.3d 658, 700 P.2d 446 (Cal. 1985):

In 1974, these principles were applied to permit discovery of police personnel records. In Pitchess v. Superior Court, supra, 11 Cal.3d 531, 113 Cal.Rptr. 897, 522 P.2d 305, this court enunciated several rules to guide practitioners and trial courts in this area. Pitchess made it clear that "an accused ... may compel discovery by demonstrating that the requested information will facilitate the [38 Cal.3d 678] ascertainment of the facts and a fair trial.... The requisite showing may be satisfied by general allegations which establish some cause for discovery other than 'a mere desire for the benefit of all information which has been obtained by the People in their investigation of the crime.' ..." (Id., at pp. 536-537, 113 Cal.Rptr. 897, 522 P.2d 305, citations omitted.)

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