Can a criminal defendant compel the discovery of evidence in a police officer's personnel file?

Prior to trial, defendant moved to discover complaints in Officer Byers's personnel files alleging he had used excessive force or the unlawful use of force. The trial court found defendant had satisfied the "low" good cause threshold on that issue, and conducted an in camera hearing with the custodian of records for Officer Byers's personnel records. (See City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 94 [good cause requirement embodies a relatively low threshold for discovery]; Evid. Code, 1045, subd. (b).) After the in camera hearing, the court denied the motion, finding no records concerning the use of excessive force or complaints related to the unlawful use of force existed. Defendant requests that we review the in camera hearing to determine whether the trial court abused its discretion in so ruling. (People v. Jackson (1996) 13 Cal.4th 1164, 1220-1221 ["A trial court's decision on the discoverability of material in police personnel files is reviewable under an abuse of discretion standard"].)

Evidence Code sections 1043 through 1045 and Penal Code sections 832.5, 832.7, and 832.8 codify Pitchess v. Superior Court, supra, 11 Cal.3d 531, which recognized that "a criminal defendant may, in some circumstances, compel the discovery of evidence in the arresting law enforcement officer's personnel file that is relevant to the defendant's

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