Policy Text
Policy
802San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentInformal Discovery Requests - 1Informal Discovery Requests
802.1 PURPOSE AND SCOPE
The purpose of this policy is to facilitate informal discovery requests with infraction citations.
Defendants are entitled to request information pertaining to their infraction citations as mandated
through California Penal Code Section 1054.5.
The Name of your jurisdiction: County District Attorney's Office will not assign a Deputy District
Attorney to prosecute infraction violations. Therefore, the Name of your jurisdiction: Police
Department becomes the prosecuting entity and is required to comply with California Penal Code
1054.5. Failure to do so may result in legal action.
Requests for Discovery in misdemeanor and felony cases should go through the Name of your
jurisdiction: County District Attorney's Office.
802.1.1 CALIFORNIA PENAL CODE 1054.5
CALFORNIA PENAL CODE 1054.5:
(a)No order requiring discovery shall be made in criminal cases except as provided in this
chapter. This chapter shall be the only means by which the defendant may compel the
disclosure or production of information from prosecuting attorneys, law enforcement
agencies which investigated or prepared the case against the defendant, or any other
persons or agencies which the prosecuting attorney or investigating agency may have
employed to assist them in performing their duties.
(b)Before a party may seek court enforcement of any of the disclosures required by
this chapter, the party shall make an informal request of opposing counsel for the
desired materials and information. If within 15 days the opposing counsel fails to
provide the materials and information requested, the party may seek a court order.
Upon a showing that a party has not complied with Section 1054.1 or 1054.3 and
upon a showing that the moving party complied with the informal discovery procedure
provided in this subdivision, a court may make any order necessary to enforce the
provisions of this chapter, including, but not limited to, immediate disclosure, contempt
proceedings, delaying or prohibiting the testimony of a witness or the presentation of
real evidence, continuance of the matter, or any other lawful order. Further, the court
may advise the jury of any failure or refusal to disclose and of any untimely disclosure.
(c)The court may prohibit the testimony of a witness pursuant to subdivision (b) only if all
other sanctions have been exhausted. The court shall not dismiss a charge pursuant
to subdivision (b) unless required to do so by the Constitution of the United States.
802.2 PROCEDURE
The defendant must submit a request in writing to the Name of your jurisdiction: Police Department
indicating exactly what information they are seeking. This may be accomplished by completing the
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Informal Discovery Requests
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentInformal Discovery Requests - 2Informal Discovery Request form available at the Records Counter of the Name of your jurisdiction:
Police Department. However, it is not mandatory to use this form.
Records personnel will make a photocopy of the requestor's identification in order to ensure the
requestor is entitled to the information they are seeking.
Records personnel will submit the form and photocopy of the requestor's identification to the
Records Supervisor. The Records Supervisor will have 15 days to respond.
The defendant will be contacted by Records personnel or the Records Supervisor and informed
of what items can be released and if the request was too overbroad or burdensome to provide.
802.3 DISCOVERY REQUESTS FOR IN-CAR VIDEO
The property clerk will export video in standard format with the in-car video management software
to DVD.
In the event that the video length exceeds the scope of the incident, the Windows Movie Maker
video editing program will be utilized to edit the video.
The property clerk will report any privacy concerns to the Records Supervisor who will in turn
determine the appropriate course of action: Administrative approval or City Attorney action.
802.4 ADJUDICATED CASES OR INACTIVE INVESTIGATIONS
In the event that a case has been adjudicated or involves an inactive investigation, there is no
longer a "criminal defendant" and informal discovery procedures no longer apply.
Per the Name of your jurisdiction: City Attorney's Office, the Name of your jurisdiction: Police
Department will treat these informal discovery requests as Public Records Act requests.