What is the test for abuse of records?
California, United States of America
The following excerpt is from People v. Sanchez, 2d Crim. No. B290037 (Cal. App. 2019):
Upon a showing of good cause, a defendant has the right to discover information in a law enforcement officer's personnel file if it is relevant to the proceedings against them. (People v. Mooc (2001) 26 Cal.4th 1216, 1226-1227.) Once the defendant makes the required showing, the custodian of records
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must present to the trial court all potentially relevant documents for in camera review. (Id. at pp. 1228-1229.) During the review, the custodian should state which documents were not presented to the court and why they were deemed irrelevant to the defendant's request. (Id. at p. 1229.) The court should make a record of the documents it examined and state whether they should be disclosed. (Id. at pp. 1229-1232.) We review the court's ruling for abuse of discretion. (People v. Samayoa (1997) 15 Cal.4th 795, 827.)
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