What is the test for obtaining records of complaints against a peace officer?
California, United States of America
The following excerpt is from People v. Soto, B270095 (Cal. App. 2017):
A defendant seeking peace officer records "must file a motion supported by affidavits showing 'good cause for the discovery,' first by demonstrating the materiality of the information to the pending litigation, and second by 'stating upon reasonable belief' that the police agency has the records or information at issue. ([Evid. Code.,] 1043, subd. (b)(3).)" (Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1019; see also Evid. Code, 1045, subd. (a) [a defendant is entitled to records of complaints against peace officers "provided that information is
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