Is a criminal defendant entitled to discovery of a peace officer's personnel records?

California, United States of America


The following excerpt is from People v. Mackey, F077022 (Cal. App. 2021):

" 'A criminal defendant has a limited right to discovery of a peace officer's personnel records. [Citation.] Peace officer personnel records are confidential and can only be discovered pursuant to Evidence Code sections 1043 and 1045.' " (People v. Yearwood (2013) 213 Cal.App.4th 161, 180.) "A defendant is entitled to discovery of relevant information from the confidential records upon a showing of good cause, which exists 'when the defendant shows both " 'materiality' to the subject matter of the pending litigation and a 'reasonable belief' that the agency has the type of information sought." ' " (Ibid.)

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