Policy Text
University of California, San Francisco
Police Department General Orders
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3.46 Release of Person Information
3.46.1 Brady Material (Revised: 7/18/18)
A. This General Order establishes a procedure for review of information from police officer
and civilian employee confidential personnel files pursuant to Brady v. Maryland ((1963)
373 U.S. 83, 87). Due to Brady, the District Attorney’s Office is obligated to provide the
defense in criminal cases with exculpatory evidence that is both favorable to the accused
and is material either to the guilt or the punishment of the defendant. Examples of Brady
material are:
1. Prior felony convictions of witnesses
2. Prior moral turpitude conduct or conduct showing dishonesty, including
misdemeanors, whether or not they led to conviction of the witness
3. Evidence that a witness has a racial, religious or personal bias against t he
defendant individually or as a member of a group.
B. Procedure
1. When an officer or civilian employee is a potential witness in a criminal case, the
District attorney will request, in writing, that the UCSF Police Department
provide notice of whether the Department is in possession of any Brady materials
that may be contained in the witness employee’s personnel file(s).
2. When requests pursuant to Brady are received by the Department, they shall be
forwarded to the PSD Commander. If a request is rec eived for any lieutenant or
captain, the request shall be forwarded to the Chief of Police for assignment.
3. The PSD Commander or Chief’s designee shall inspect the subject officer’s
personnel record(s) to determine whether or not there are any materials contained
in the file that may fall within the meaning of Brady.
a. Per PC § 832.8, “personnel records” inclu de any file maintained under that
individual’s name by their employing agency and containing records
related to categories such as:
(1) Personnel data
(2) Employee advancement, appraisal or discipline
(3) Complaints or investigations of complaints
(4) Any other information, the disclosure of which would cause an
unwarranted invasion of personal privacy.
(a) The UCSF Police Department maintains “Personnel
Records” including personnel, training and background
files.
C. If no potential Brady information is found in the employee’s personnel record, the PSD
Commander or Chief’s designee shall notify the District Attorney, in writing, that the
Department is not aware of any information that would question the credibility of the
witness within the meaning of Bra dy.
University of California, San Francisco
Police Department General Orders
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a. A copy of the written response to the District Attorney’s Office shall be provided
to the witness employee.
D. If potential Brady material is located, the PSD Commander or Chief’s designee shall
notify the District Attorney, in writing, of the possible presence of such material. This
notification shall not disclose the nature of the material but will alert the Dist rict Attorney
that the Department is aware of the presence of possible material.
a. A copy of the written response to the District Attorney’s Office shall be provided
to the witness employee.