Policy Text
Page 1 of 5 General Order 1 -12 (06/21/23 )
DUTIES TO THE COMMONWEALTH’S ATTORNEY’S OFFICE
RICHMOND POLICE DEPARTMENT
GENERAL ORDER
Subject: DUTIES TO THE COMMONWEALTH’S ATTORNEY’S OFFICE Chapter
1 Number
12 # Pages
5
References:
CALEA: 42.1.5c , 42.1.6 Related Orders:
General Order 7 -2
General Order 6 -12 Effective Date: 06/21/2023
Revised By: Review
Prv. Rev. Date: 11/18/2020
Chief of Police:
I. PURPOSE
This directive outlines the responsibilities of members of the Richmond Police
Department to disclose potentially exculpatory or impeachment evidence to the
Commonwealth’s Attorneys and the expected etiquette while conducting official
business with the Commonwealth’s Attorney’s Office.
II. SUMMARY OF CHANGE
This General Order has been updated to define the duty that the Richmond Police
Department and its sworn and civilian employees have to disclose exculpatory and
impeachment evidence to the Commonwealth’s Attorney’s Office. This duty to disclose
applies not only to exculpatory and impeachment evidence discovered during the
investigation of a crime but also extends to information that may be discovered post -
trial. The Richmond Police Department also has to disclose exculpatory and
impeachment information known about the officers, detectives, and other RPD
employees involved in the investigation of crime .
III. POLICY
It is the policy of t he Department to establish the proper guidelines regarding the use of
the Commonwealth’s Attorney’s Office and communications/dissemination of
information between the Richmond Police Department and that office , including the
disclosure of exculpatory and i mpeachment evidence . The Richmond Police
Department and the Commonwealth’s Attorney’s Office embrace the concept and practice
of Community Prosecution . As such, the Commonwealth’s Attorney assigns prosecutors
to each police precinct to collaborate with police personnel. The Commonwealth’s
Attorney’s Office has an open -door policy for officers, detectives , and other employees
of the Police Department. The Commonwealth’s Attorney seeks the complete
involvement of police officers and detectives in prosecuting all criminal matters.
Page 2 of 5 General Order 1 -12 (06/21/23 )
DUTIES TO THE COMMONWEALTH’S ATTORNEY’S OFFICE III. ACCOUNTABILITY STATEMENT
All employees are expected to fully comply with the guidelines and timelines outlined
in this general order. Failure to comply will result in appropriate corrective action.
Responsibility rests with the Divisio n Commander to ensure that any policy violations
are investigated , and appropriate training, counseling, and /or disciplinary action is
initiated.
This directive is for internal use only and does not enlarge an employee’s civil liability
in any way. It should not be construed as creating a higher standard of safety or case in
an evidentia ry sense concerning third -party claims. Violation of this directive, if
proven, can only form the basis of a complaint by this Department and then only in a
non-judicial administrative setting
IV. PROCEDURE
A. Assignment of Commonwealth’s Attorneys:
1. The Commonwealth’s Attorney’s Office is available as a resource for all police
officers and detectives on matters of law that affect investigations,
searches/seizures , and arrests. Officers and detectives are encouraged to contact the
Commonwealth’s Attorney’s Office , in any case , the officer/detective believes
such contact is warranted.
2. The Commonwealth’s Attorney’s Office assigns prosecutors to each o f the
Department’s twelve (12) sectors. Questions specific to a sector should be
addressed to the respective sector prosecutor. Other general questions should be
addressed to the duty attorney, who can be reached during business hours at 646-
3500.
B. Legal Opinions:
1. Should an employee require a formal written legal opinion from the Office of the
Commonwealth’s Attorney, the employee shall direct the request for such opinion,
in writing, through channels to the Police Department’s Office of General Counsel.
2. The Office of General Counsel will receive an opinion from the Office of the
Commonwealth’s Attorney and respond to the employee requesting the opinion.
C. Communication and Dissemination of Information:
The Commonwealth’s Attorney’s Office will routinely communicate with employees
of the Police Department and disseminate information to Department personnel both
verbally and in writing . This includes assistance in active cases, training , and
communication for othe r purposes. When the issue is Department -wide , the
Commonwealth’s Attorney’s Office will communicate with and/or disseminate the
relevant information to the Office of General Counsel for further dissemination.
Department personnel , likewise, will disseminate information to the
Commonwealth’s Attorney’s Office, including but not limited to disclosure of
exculpatory and impeachment evidence discovered during the investigation of a
crime and previously unknown or unrecognized exculpatory evidence discovered
post-conviction. [CALEA 42.1.6]
Page 3 of 5 General Order 1 -12 (06/21/23 )
DUTIES TO THE COMMONWEALTH’S ATTORNEY’S OFFICE 1. Duty to Disclose Exculpatory & Impeachment Evidence
In all criminal prosecutions, prosecutors are required to disclose evidence that
is “favorable to an accused.” Evidence favors an accused if it tends to