Prosecution Discovery Obligations – Police Materials

Posted by Stone River Criminal Defense Team

Last Updated: November 20, 2023

Does a prosecutor have to turn over discovery materials in the possession of police? Pursuant to State v. Knight, 734 P.2d 913 (Utah 1987), constitutional principles of due process dictate that a prosecutor’s obligation to provide discovery materials extends to materials known to, in possession of, or under the control of any member of the […]
attorney meeting with client at desk

Does a prosecutor have to turn over discovery materials in the possession of police?

Pursuant to State v. Knight, 734 P.2d 913 (Utah 1987), constitutional principles of due process dictate that a prosecutor’s obligation to provide discovery materials extends to materials known to, in possession of, or under the control of any member of the prosecution team.

Prosecutors sometimes erroneously believe that they are only responsible for providing discovery materials in their direct possession. But the prosecution team includes police officers or agencies involved in the investigation or prosecution of the criminal case.

A prosecutor’s “open file” policy is not a substitute for compliance with due process discovery requirements set forth in Knight and by the U.S. Supreme Court in Maryland v. Brady, and other subsequent cases. An open file policy allows defense counsel to confirm that nothing has been accidentally left out in discovery production, but does nothing to protect against intentional or systematic omissions by a prosecution office.

Vigilance by defense attorneys is critical to ensuring that the prosecution meets its discovery obligations.

Originally Published: November 20, 2023

Related Articles

Third-Degree Felony – Penalties and Options
Third-degree felony penalties can include prison and jail time, and thousands of dollars in fines. Having the right attorney and an experienced...
September 5, 2024
Unlawful Detention Charges in Utah
An offense of unlawful detention in Utah involves allegations that an individual has been held against their will, without the authority of law, for...
September 3, 2024
Can I be “around” guns if I am a restricted person?
Legal Restrictions on Firearms In Utah, the law forbids restricted individuals from buying, transferring, possessing, or using firearms or dangerous...
August 30, 2024

Ready to explore our other articles?