Policy Text
University of California, San Francisco
Police Department General Orders
1
3.46 Release of Person Information
3.46.4 Exculpatory Evidence (Issued: 10/2/23 )
A. Exculpatory evidence is any evidence, including a verbal statement, that is favorable to the
defendant in a criminal trial and exonerates or tends to exonerate the defendant of guilt.
This includes information that may be used to impeach a witness’s credib ility.
B. UCSF Police officers are obligated to fully disclose exculpatory evidence to the District
Attorney’s Office whenever such evidence becomes known to the defendant or his/her
legal counsel. This obligation applies whether a case is pre -trial, mid -trial or the subject of
a post -conviction investigation.
C. Pre- and Mid -trial Procedure
1. Officers who become aware of previously unknown or unrecognized exculpatory
evidence before or during a trial shall immediately forward the evidence to the San
Francisco District Attorney’s Office, San Mateo District Attorney’s Office or
Alameda County District Attorney’s Office, depending on where the defendant is
being prosecuted.
2. Officers will promptly document the disclosure of exculpatory evidence in a
supplemental report to the original report in the RMS.
D. Post-conviction Investigation Procedure
1. Officers who become aware of potentially omitted exculpatory evidence during a
post-conviction investigation shall notify their immediate supervisor.
2. The supervisor will notify the Investigations Bureau of the potentially omitted
evidence, so it can be reviewed by the District Attorney’s Office.
3. The disclosure of the evidence will be documented, in a timely manner, in a
supplemental report to the origi nal report in the RMS.
a. The supplemental report will include the following information :
(1) When the evidence was received
(2) Who received the evidence
(3) If and when the evidence was provided to prosecuting authorities.
4. If the Department conducts a post -conviction investigation of a case and there is a
claim of exculpatory evidence potentially having been omitted from the initial
investigation, no member of the initial investigative team shall participate in the
post-conv iction investigation.