What is the test for a motion to discover a police officer's personnel records?

California, United States of America


The following excerpt is from People v. Davis, F063430 (Cal. App. 2012):

The trial court is granted wide discretion when ruling on motions to discover police personnel records. (People v. Memro (1995) 11 Cal.4th 786, 832, overruled on other grounds in People v. McKinnon (2011) 52 Cal.4th 610, 642.) Good cause generally can be defined as a sufficient connection between the records sought and the issue or issues in the case to make the records relevant. (Ibid.) The defendant seeking an officer's personnel records must demonstrate "the requested information will facilitate the ascertainment of the facts and a fair trial. [Citation.] The requisite showing may be satisfied by general allegations which establish some cause for discovery other than 'a mere desire for the benefit of all information which has been obtained by the People in their investigation of the crime.' [Citations.]" (Pitchess, supra, 11 Cal.3d at pp. 536-537.)

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