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i requested a discovery and sent a request to the da's office and a request to the police station that the cop is from and they sent me my information but also wrote that penal code 1054.3 states that i shall disclose any information i have and they are requesting a discovery from me but under penal code 1054.3 it states in part 1054.3. The defendant and his or her attorney shall disclose to the
prosecuting attorney:
the police departemt cant request a discovery since they are not the prosecuting attorneys they are only the witness to the prosecution and not the prosecuting attoreny correct me if im wrong

2006-12-22 18:35:52 · 3 answers · asked by 06tiburon 1 in Politics & Government Law & Ethics

3 answers

Assuming that Penal Code section 1054, et seq., is even applicable in traffic cases (which I would not assume), you are both wrong. You cannot demand discovery directly from the police, but only from the "prosecuting attorney." (PC 1054.1.) Most police departments will not respond to such demands, asserting that you can get such information only from the prosecutor.

Only the "prosecuting attorney" can demand discovery from you. (PC 1054.3.) I don't think the fact that a prosecuting attorney often does not appear in traffic cases changes this--the police officer is still not a prosecuting attorney. (This is one of the reasons I doubt that this statutory procedure will be applied to traffic cases.) If the prosecutor demands it (and if PC 1054.3 applies), you have to provide the names and statements of any witnesses you intend to call other than yourself.

2006-12-26 11:08:42 · answer #1 · answered by Anonymous · 0 0

I've seen discovery motions made in Court.. but never one involving a police department. All discovery/evidence has to be admitted to evidence at the request of the attorneys... so... I would interpret the language just as you have.

2006-12-22 18:44:29 · answer #2 · answered by Amy S 6 · 0 0

Calibration via the maker is basically no longer known via the courtroom in maximum situations. The police motor vehicle ought to have been calibrated in the previous being place into provider. I say you have a case, take it to courtroom. Writing a rushing value ticket for a decrease velocity is rounding off, this is person-friendly.

2016-11-23 12:40:52 · answer #3 · answered by Anonymous · 0 0

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