Is a criminal defendant entitled to discover the confidential personnel records of a police officer?
California, United States of America
The following excerpt is from People v. Salas, B295563 (Cal. App. 2020):
"A criminal defendant, on a showing of good cause, is entitled to discovery of information in the confidential personnel records of a peace officer when that information is relevant to defend against a criminal charge." (People v. Gaines (2009) 46 Cal.4th 172, 176.) The trial court's ruling on a motion to discover police officers' personnel records is reviewed for abuse of discretion (People v. Hughes (2002) 27 Cal.4th 287, 330), and denial of such a motion may be found harmless where "extensive
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evidence" links the defendant to the crime. (People v. Samuels (2005) 36 Cal.4th 96, 110.)
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