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The prosecution is legally required to disclose any misconduct or compromising information regarding the witness to the defense attorney, who will then use it to impeach the law enforcement witness on the stand. The end result can be the loss of what would have been a strong case.
People also ask
What is a police disclosure?
What is a disclosure under the Privacy Act?
Should law enforcement remember the principles of disclosure and discoverability?
What is a “need to know” disclosure?
- 5 U.S.C. § 552A(B)(1) - Need to Know Within Agency
- 5 U.S.C. § 552A(B)(2) - Required FOIA Disclosure
- 5 U.S.C. § 552A(B)(3) - Routine Uses
- 5 U.S.C. § 552A(B)(4) - Bureau of The Census
- 5 U.S.C. § 552A(B)(5) - Statistical Research
- 5 U.S.C. § 552A(B)(6) - National Archives
- 5 U.S.C. § 552A(B)(7) - Law Enforcement Request
- 5 U.S.C. § 552A(B)(8) - Health Or Safety of An Individual
- 5 U.S.C. § 552A(B)(9) – Congress
- 5 U.S.C. § 552A(B)(10) - Government Accountability Office
“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains unless the disclosure would be – (1) to those officers and employees of the agency...
“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains unless the disclosure would be – . . . (2) required under section 552 of this titl...
“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains unless the disclosure would be -- . . . (3) for a routine use as defined in subsec...
“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains unless the disclosure would be – . . . (4) to the Bureau of the Census for purpose...
“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains unless the disclosure would be – . . . (5) to a recipient who has provided the age...
“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains unless the disclosure would be – . . . (6) to the National Archives and Records Ad...
“No agency shall disclose any record which is contained in a system of records …except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless the disclosure would be— … (7) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of th...
“No agency shall disclose any record which is contained in a system of records…except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless the disclosure would be— … (8) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual ...
“No agency shall disclose any record which is contained in a system of records…except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless the disclosure would be— … (9) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommitte...
“No agency shall disclose any record which is contained in a system of records…except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless the disclosure would be— … (10) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the...
Oct 1, 2011 · In this technological age, law enforcement must remember the principles of disclosure and discoverability.
Jan 28, 2019 · Brady basics. Most officers have heard of Brady/Giglio material. Over 50 years ago, the Supreme Court held in Brady v. Maryland that prosecutors must disclose any exculpatory (aka favorable) evidence to the accused that is “material” to his guilt or punishment.
- Val Van Brocklin
505-When does the Privacy Rule allow covered entities to disclose information to law enforcement. The Privacy Rule is balanced to protect an individual’s privacy while allowing important law enforcement functions to continue. Read the full answer.
Dec 11, 2019 · Released by PDAA’s Best Practices Committee, the guidelines provide clear recommendations for district attorneys and law enforcement. They cover the disclosure of any evidence that could call into question the credibility of a law enforcement officer testifying in trial.
This page discusses the disclosure of police and sheriff investigative records in Washington State, including open investigations and records essential to effective law enforcement or a person's right to privacy.
