What is the legal test for discovery of confidential police records?

A defendant is entitled to discovery of a police officer's confidential personnel records if those files contain information that is potentially relevant to the defense. (Pitchess v. Superior Court (1974) 11 Cal.3d 531, 537-538; Evid. Code, 1043-1045.) The discovery procedure has two steps. First, the defendant must file a motion seeking such records, containing affidavits "showing good cause for the discovery or disclosure sought, setting forth the materiality thereof to the subject matter involved in the pending litigation." (Evid. Code, 1043, subd. (b)(3).) If good cause is shown, the trial court then reviews the records in camera to determine whether any of them are relevant to the intended defense. (Evid. Code, 1045, subd. (b).)

The threshold for having the trial court conduct an in camera review is "relatively low." (City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 83.) The defendant must provide a "specific" or "plausible" "factual scenario" demonstrating good cause for the type of record requested. (California Highway Patrol v. Superior Court (2000) 84 Cal.App.4th 1010, 1017.)

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