What is the materiality inquiry required for a defendant to show good cause in an affidavit seeking evidence of police misconduct?

California, United States of America


The following excerpt is from People v. Lemmons, E057076 (Cal. App. 2014):

threshold,'" the materiality inquiry nonetheless requires "not only a logical link between the defense proposed and the pending charge, but also to articulate how the discovery being sought would support such a defense or how it would impeach the officer's version of events." (Id. at pp. 1019, 1021.) A plausible scenario of officer misconduct is one that might have occurred because it describes specific police misconduct that is both internally consistent and supports the proposed defense. (Id. at pp. 1025-1026.) To show good cause, defendant needed to present a factual scenario which was 1) sufficiently specific, 2) plausible, 3) internally consistent, and 4) supportive of the defense offered against the charges. The affidavit showing good cause may be on information and belief and does not have to be based on personal knowledge but the information must be requested with "sufficient specificity to preclude the possibility of a defendant's simply casting about for any helpful information." (People v. Mooc, supra, 26 Cal.4th at p. 1226.)

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