People v. Porter CA2/6

DISCUSSION

I. Porter requests that we review the in camera hearing and the sealed personnel records of Paso Robles Police Officers Jeffery DePetro and Christopher McGuire to determine whether the trial court failed to disclose all relevant and discoverable information contained within the files pursuant to Pitchess v. Superior Court, supra, 11 Cal.3d 531.

3 A defendant must establish good cause for discovery of a police officer's confidential personnel records that contain information relevant to the defense. (Pitchess v. Superior Court, supra, 11 Cal.3d 531, 537-538.) Good cause is a “ ‘relatively low threshold’ ” and requires a showing that 1) the personnel records are material to the defense, and 2) a stated reasonable belief that the records contain the type of information sought. (People v. Thompson (2006) 141 Cal.App.4th 1312, 1316.) Good cause contemplates “a logical link between the defense proposed and the pending charge.” (Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1021.) When the trial court finds good cause and conducts an in camera review pursuant to Pitchess, it must make a record that will permit future appellate review. (People v. Mooc (2001) 26…