People v. Superior Court
Annotate this CaseAt issue in this criminal case was whether the prosecution’s obligation under Brady v. Maryland and its progeny would be satisfied if it simply informs the defense that the confidential personnel records of police officers might contain Brady material, which would allow the defense to decide for itself whether to seek discovery of that material pursuant to statutory procedures. The superior court denied the prosecution’s motion asking the court to review in camera the personnel records of two San Francisco police officers, potentially important witnesses in this criminal case, to determine whether they contained any material exculpatory information under Brady v. Maryland that was subject to disclosure. The Court of Appeal concluded that the prosecution may and, before the court becomes involved, should itself review the personnel files of peace officer witnesses for Brady material. The Supreme Court reversed, holding (1) the prosecution must follow the same procedures that apply to criminal defendants, i.e., make a Pitchess motion, in order to seek information in the confidential personnel records of police officers who are potential witnesses in criminal cases; and (2) the prosecution fulfills its Brady duty if it informs the defense of what the police department informed it, namely, that the specified records might contain exculpatory information.
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