Prosecution Discovery Obligations – Police Materials

Posted by Stone River Criminal Defense Team

Last Updated: February 17, 2025

The prosecution team in a Utah criminal case includes more than just prosecuting attorneys. Police officers directly involved in the investigation, as well as their agency and staff, along with other staff in the prosecutor's office are considered to be part of the prosecution team. Discovery obligations cover the entire team.
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.

Prosecution “Open File” Policies – Not Enough

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.

Unfortunately, history and experience have shown that some prosecutors do not take seriously their obligation to full disclosure of exculpatory materials. They may be slow to request materials from other prosecution team members, or they may fail to follow up on such requests. “We have given the defense everything we have” is an all-too-common prosecution reply heard when defense attorneys raise concerns in court.

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

Originally Published: November 20, 2023

How can we help you?

Call us at 801-448-7451, or use this contact form.

    Related Articles

    Unlawful Discharge of a Firearm in Utah: What You Need to Know
    Firing a gun in the wrong place or at the wrong time can lead to serious charges in Utah—even if no one gets hurt.
    July 23, 2025
    State v Hintze, 2022 UT App 117
    This appeal involves a question of whether a defendant’s Sixth Amendment right to a speedy trial was violated after the State did not prosecute the...
    July 16, 2025
    Understanding the Rainbow of Collar Crime
    When it comes to the difference between right and wrong we expect everything to be black and white.  But when discussing types of crimes there is a...
    July 15, 2025

    Ready to explore our other articles?