What is the current standard for disclosure of confidential police files?

California, United States of America


The following excerpt is from People v. Ponce, F058327, Super. Ct. No. BF124872A (Cal. App. 2011):

We begin with the well-settled standards for disclosure of confidential personnel records pursuant to Pitchess, which established that "a criminal defendant could 'compel discovery' of certain relevant information in the personnel files of police officers by making 'general allegations which establish some cause for discovery' of that information and by showing how it would support a defense to the charge against him." (Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1018-1019 (Warrick); Pen. Code, 832.7, 832.8; Evid. Code, 1043-1045.)

Other Questions


When a defendant files a Pitchess motion for in camera review of a police officer's personnel file, what are the requirements for such review? (California, United States of America)
Does disclosure of communications with a former attorney on a subject relevant to her current claim preclude disclosure of conversations with other attorneys? (California, United States of America)
What is the test for a motion for disclosure of information in the personnel files of a police officer? (California, United States of America)
What standard of conduct will qualify as harmless where the facts support the standard standard? (California, United States of America)
What is the current state of the law with respect to the disclosure of confidential information to an opposing attorney? (California, United States of America)
Does the disclosure of a redacted Police Report waiver confidentiality? (California, United States of America)
What is the current state of the law on police failure to preserve physical evidence in the context of police misconduct? (California, United States of America)
In what circumstances have we rejected a motion for disclosure of complaints in a police officer's personnel file relating to fabrication of evidence? (California, United States of America)
Is a court's decision on discoverability of material in a police personnel file reviewable under the abuse standard? (California, United States of America)
Is a court's decision on discoverability of material in police files reviewable under the abuse standard? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.