What is the test for a motion for discovery of a peace officer's personnel records?

California, United States of America


The following excerpt is from In re Chase C., 2d Juv. No. B201762 (Cal. App. 7/10/2008), 2d Juv. No. B201762 (Cal. App. 2008):

A motion for the discovery of a peace officer's personnel records is addressed to the sound discretion of the trial court. (Pitchess, supra, 11 Cal.3d at p. 535.) The motion must be supported by an affidavit that shows good cause for the disclosure by setting forth the materiality of the information sought to the subject matter of the pending litigation. (Evid. Code, 1043, subd. (b)(3).) The affidavit need not be based on personal information, but may be made by the defendant's counsel on information and belief. (City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 86-89.) On a finding of good cause, the court must examine the information in chambers and exclude from disclosure several categories of information including: complaints more than five years old, the conclusions of an officer investigating a complaint and facts which are so remote as to make disclosure of little or no practical benefit. (Evid. Code, 1045, subd. (b); City of Santa Cruz, supra, at p. 83.)

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