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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I have several police officer i need to get brady information

Resolved Question:

I have several police officer i need to get brady information fro who and where do I get that information from and who controls it or is the depository for that info and do I need to file a freedom of information act to get it ?
Submitted: 9 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question and for asking for me. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It all depends on what type of information you are seeking as to whether or not you can file a FOIA request for it. You can file a FOIA request to the police department records room or FOIA office only if it is written documentation that is kept by the department. If you need something that the officers have to testify to, then you have to subpoena the officers for depositions.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.

Customer: replied 9 months ago.

that would be Brady information do you know about brady information >>> request ?? who is the repository and what type of reqest is necessar a FOIA request or subpeona ?

Expert:  Law Educator, Esq. replied 9 months ago.
I do know about Brady information, inculpatory or exculpatory information that must be disclosed to the Defendant, but as I said, it depends what type of Brady information as to how you request it.

Sometimes officers have Brady information that is not disclosed in records, that is why I was asking what Brady information you want, so if you could tell me what specific Brady material you are seeking.
Customer: replied 9 months ago.

i NEED TO KNOW ABOUT IF THE OFFICERS HAVE EVER BEEN CAUGHT LIEING ON THE STAND IF THEY HAVE EVER ARRESTED ANYONE USING THE PRETENSE CHARGE OF RESISITING ARREST BASICALLY i NEED TO KNOW ALL THE POOP ON THEM HOW MANY TIMES THEY HAVE BEEN REPRIMANDED AND FOR WHAT I AM FIGHTING A RESISITING ARREST CHARGE AFTER THE OFFICERS CAME ONTO MY PROPERTY AND SIEZED PROPERTY WITHOUT A WARRANT , MY 2 DOGS THAT IS A VIOLATION OF THE 4TH AMENDMENT THEN THEY HANDCUFFED ME AND BEAT ME IN MY FACE WHILE I WAS LAYING HANDCUFFED DOWN ON THE GROUND GIVING ME A CONCUSSION, FRACTURING MY NECK AND INJURYING MY BACK THEY CHARGED ME WITH RESISITING ARREST AND RESISITING BY FORCE WHICH IS A FELONY BUT LATER THEY DROPPED IT TO A MISDEMANOR TO DENY ME OF THE RIGHT TO A JURY TRIAL I NEED TO XXXXX INTRODUCE A BRADY REQUEST MUST SUM LAW OR CITATION BE CITED ??

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response and clarification.

Information on the Officers is obtained in two ways. First, you send a subpoena to their department Internal Affairs for the information on each officer. The Department has to respond to that subpoena.

Additionally, you send a demand in writing to the DA as well and you would state the specific information you are seeking and inform them of their duty under Brady to provide the information.


Additionally, the Government has a duty to examine the personnel files of all Federal agents and the files of any local, state or municipal law enforcement officer who will testify and must disclose information favorable to the defense for impeachment purposes. United States v. Henthorn, 931 F.2d 29 (9th Cir. 1991) citing United States v. Cadet, 727 F.2d 1453 (9th Cir. 1984). "In the event that the Government is uncertain about the materiality of information in it's possession, it may submit the information to the trial Court for an in camera inspection and evaluation..." Id. at 1467-68. The Government has a duty to examine the personnel files upon a defendant's request for production. See id. at 1467. Absent such an examination, it cannot ordinarily determine whether it is obligated to turn over the files. Henthorn, at 31.

If the government fails to disclose, then your next move is filing a motion to compel production to the court and the court will order the DA and police department to provide your information on the officers.

You will have to just cite the case name for brady and the other cases above.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.

Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88666
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 2 other Business Law Specialists are ready to help you
Customer: replied 9 months ago.

WHAT IS THE PARTICULAR CASE NAME UNDER BRADY INFORMATION TO ACTUALLY CITE AND can I ask for money fees for having to file for a motion to compel since they refuse to cooerate. My time is just as valuable as an attorney also could I file a writ of Mandamus as well ordering them to comply and also pay for the fees required to file to the 2nd circuit court of appeal as well as any attorney fees and paralegal to pay for the cost of the drafting of the writ of mandamus ?

Expert:  Law Educator, Esq. replied 9 months ago.
I gave you the name of TWO CASES:

United States v. Henthorn, 931 F.2d 29 (9th Cir. 1991) citing United States v. Cadet, 727 F.2d 1453 (9th Cir. 1984).

ALSO see: Brady v. Maryland, 373 U.S. 83 (1963)

You can ask for any lost wages you incurred in having to file this to force them to provide the information. You could file for Mandamus only if the court cannot compel them to release the information. You would get your paralegal fees paid and any costs of time you have lost from work, but you cannot get attorney's fees. Even an attorney cannot collect attorney's fees for the time they spend representing themselves in a case.
Customer: replied 8 months ago.

SO THE CASE TO XXXXX TO GET BRADY INFORMATION ON THESE 2 OFFICERS IS IS bRADY V. maRYLAND 373 u.s. 83 (1963 ) ?????

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your response.

Yes, that is the case to cite as I did state above.

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