Brant

Introduction

Jerry Brant is a criminal defendant charged with possession of a controlled substance. He moved for discovery from the personnel files of the two arresting police officers under Evidence Code section 1043. His basic contention was that the officers lied in their police report. Brant challenged the officers’ account of the detention, search and manner in which his confession was obtained by providing his own version of the events, thereby making the officers’ truthfulness material to the issues in the case. We conclude the trial court abused its discretion in denying the motion and grant his petition for a writ of mandate.

Factual and Procedural History

Brant was charged with one count of misdemeanor possession of a controlled substance in violation of Health and Safety Code section 11377. According to the report of the arresting police officers (Shearholdt and Moore), the officers were parked in their vehicle in a parking lot on the northeast comer of Santa Monica Boulevard and Highland Avenue. They saw Brant drive into the parking lot “with his vehicle stereo loud enough to hear at a distance in excess of 50 feet,” in violation of Vehicle Code section…