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


The following excerpt is from People v. Rey, G050725 (Cal. App. 2015):

On a showing of good cause, a criminal defendant is entitled to discovery of relevant documents or information contained within the confidential personnel records of a peace officer accused of misconduct against the defendant. (Pitchess, supra, 11 Cal.3d 531.) The trial court must review the requested records in camera to determine what information, if any, should be disclosed. (Chambers v. Superior Court (2007) 42 Cal.4th 673, 679.) Upon proper request, the appellate court must review the confidential

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records to ensure the defendant's right to discovery was properly discharged. (People v. Prince (2007) 40 Cal.4th 1179, 1285.) The request for discovery of the police officer's personnel records is committed to the discretion of the trial court; we review only to determine whether the trial court abused its discretion. (Alford v. Superior Court (2003) 29 Cal.4th 1033, 1039.)

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