Memo: IPG -42 (ALADS, SB 1421, & "Brady Lists")

This IPG discusses the California Supreme Court case of Association for Los Angeles Deputy Sheriffs v. Superior Court of Los Angeles County (2019) 8 Cal.5th 828, the modification to the Pitchess statutes made by Senate Bill 1421 (SB 1421), and the respective impacts of both on various issues relating to prosecutorial disclosure obligations. The accompanying podcast features a conversation with discovery expert, Santa Clara County Assistant District Attorney David Angel. ADA Angel oversees his office’s Brady Committee and developed the mechanisms for the transmission of voluntarily provided Brady alerts between law enforcement agencies and the district attorney’s office. Among the dozen or so questions discussed:

  1. Can, must, or should law enforcement agencies provide “Brady tips” to prosecutors?
  2. Can prosecutors pass on to defense attorneys “Brady tips” received from law enforcement agencies without complying with the Pitchess procedures?
  3. Can law enforcement agencies provide information about officers who might be witnesses in a future prosecution?
  4. What peace officer personnel files do or don’t remain confidential under SB 1421?


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