Is a criminal defendant entitled to discovery of confidential police officer personnel records?

California, United States of America


The following excerpt is from People v. Phabmixay, G058260 (Cal. App. 2020):

A criminal defendant is entitled to the discovery of confidential police officer personnel records if the information contained therein is relevant to her ability to defend against the charge. (Pitchess v. Superior Court (1974) 11 Cal.3d 531, 537-538.) To obtain such records, the defendant must submit an affidavit showing good cause for the discovery. (Evid. Code, 1043, subd. (b)(3).) A showing of good cause requires a defendant seeking Pitchess discovery "to establish . . . a logical link between [a proposed defense] and the pending charge" and "to articulate how the discovery being sought would support such a defense or how it would impeach the officer's version of events."

Page 19

(Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1021.) Discoverable information is "limited to instances of officer misconduct related to the misconduct asserted by the defendant. [Citations.]" (Ibid.)

Other Questions


Is a criminal defendant entitled to discovery of confidential personnel records of a peace officer accused of misconduct against the officer? (California, United States of America)
Is a criminal defendant entitled to discovery of confidential personnel records of a peace officer accused of misconduct against the officer? (California, United States of America)
Can a district attorney seek discovery of the peace officer personnel records of a criminal defendant who was not a police officer at the time of the crime? (California, United States of America)
Is a criminal defendant entitled to discover the confidential personnel records of a police officer? (California, United States of America)
Is a defendant entitled to discovery of a police officer's confidential personnel records? (California, United States of America)
Is a criminal defendant entitled to discovery of confidential personnel records of a peace officer? (California, United States of America)
What is the test for discovery of confidential personnel records of a police officer accused of misconduct against a criminal defendant? (California, United States of America)
Is a criminal defendant entitled to discovery of certain information in the personnel records of a police officer accused of misconduct? (California, United States of America)
What is the legal test for a criminal defendant to obtain copies of a police officer's personnel records from the California Police Service? (California, United States of America)
Is a criminal defendant entitled to discovery of peace officer personnel records? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.