California, United States of America
The following excerpt is from People v. Moreno, 11 Cal. Daily Op. Serv. 1816, 121 Cal.Rptr.3d 669, 192 Cal.App.4th 692, 2011 Daily Journal D.A.R. 21 (Cal. App. 2011):
A defendant has a limited right to discovery of a peace officer's confidential personnel records if those files contain information that is *701 potentially relevant to the defense. ( Pitchess, supra, 11 Cal.3d at pp. 537-538, 113 Cal.Rptr. 897, 522 P.2d 305; California Highway Patrol v. Superior Court (2000) 84 Cal.App.4th 1010, 1019, 101 Cal.Rptr.2d 379; Evid.Code, 1043-1047.) A probation officer is such a peace officer. (Pen.Code, 830.5.)
To initiate discovery, a defendant must file a motion seeking such records, containing affidavits "showing good cause for the discovery or disclosure sought, setting forth the materiality thereof to the subject matter involved in the pending litigation...." (Evid.Code, 1043, subd. (b)(3).) Good cause requires the defendant to establish a logical link between a proposed defense and the pending charge and to articulate how the discovery 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, 29 Cal.Rptr.3d 2, 112 P.3d 2 ( Warrick ).)
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