What is the test for discovery of confidential police officer personnel records?

California, United States of America


The following excerpt is from People v. Beavers, G056848 (Cal. App. 2020):

A criminal defendant is entitled to the discovery of confidential police officer personnel records if the information contained therein is relevant to his ability to defend against the charge. (Pitchess v. Superior Court (1974) 11 Cal.3d 531, 537-538.) To obtain such records, the defendant must submit an affidavit showing good cause for the discovery. (Evid. Code, 1043, subd. (b)(3).) A showing of good cause requires a defendant seeking Pitchess discovery "to establish . . . a logical link between [a proposed defense] and the pending charge" and "to articulate how the discovery being sought would support such a defense or how it would impeach the officer's version of events." (Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1021.) Discoverable information is

Page 7

"limited to instances of officer misconduct related to the misconduct asserted by the defendant." (Ibid.)

Other Questions


Is a criminal defendant entitled to discovery of confidential police officer personnel records? (California, United States of America)
What is the test for discovery of confidential personnel records of a police officer accused of misconduct against a criminal defendant? (California, United States of America)
What is the test for obtaining discovery of a police officer's personnel records and complaints against such officers? (California, United States of America)
Is a defendant entitled to discovery of a police officer's confidential personnel records? (California, United States of America)
Is a criminal defendant entitled to discovery of confidential personnel records of a peace officer accused of misconduct against the officer? (California, United States of America)
Is a criminal defendant entitled to discovery of confidential personnel records of a peace officer accused of misconduct against the officer? (California, United States of America)
Can a district attorney seek discovery of the peace officer personnel records of a criminal defendant who was not a police officer at the time of the crime? (California, United States of America)
Can a police officer who was not present at the time of arrest be required to produce the personnel records of the arresting officer? (California, United States of America)
Is a criminal defendant entitled to discovery of certain information in the personnel records of a police officer accused of misconduct? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.