Policy Text
Policy Delano Police Department
605 Delano PD Policy Manual
Brady Material Disclosure
605.1 PURPOSE AND SCOPE
This policy establishes guidelines for identifying and releasing potentially exculpatory or
impeachment information (so-called "Brady information") to a prosecuting attorney.
605.1.1 DEFINITIONS
Definitions related to this policy include:
Brady information -Information known or possessed by the Delano Police Department that is
both favorable and material to the current prosecution or defense of a criminal defendant.
605.2 POLICY
The Delano Police Department will conduct fair and impartial criminal investigations and will
provide the prosecution with both incriminating and exculpatory evidence, as well as information
that may adversely affect the credibility of a witness. In addition to reporting all evidence of guilt, the
Delano Police Department will assist the prosecution by complying with its obligation to disclose
information that is both favorable and material to the defense. The Department will identify and
disclose to the prosecution potentially exculpatory information, as provided in this policy.
605.3 DISCLOSURE OF INVESTIGATIVE INFORMATION
Officers must include in their investigative reports adequate investigative information and
reference to all material evidence and facts that are reasonably believed to be either incriminating
or exculpatory to any individual in the case. If an officer learns of potentially incriminating or
exculpatory information any time after submission of a case, the officer or the handling investigator
must prepare and submit a supplemental report documenting such information as soon as
practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor's
office.
If information is believed to be privileged or confidential (e.g., confidential informant or protected
personnel files), the officer should discuss the matter with a supervisor and/or prosecutor to
determine the appropriate manner in which to proceed.
Evidence or facts are considered material if there is a reasonable probability that they would affect
the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material
often requires legal or even judicial review. If an officer is unsure whether evidence or facts are
material, the officer should address the issue with a supervisor.
Supervisors who are uncertain about whether evidence or facts are material should address the
issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained in
the Department case file.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Brady Material Disclosure - 1
Published with permission by Delano Police Department