GENERAL ORDERS LINCOLN POLICE DEPARTMENT
SUBJECT: INVESTIGATION OPERATIONS
TITLE: BRADY INFORMATION
EFFECTIVE DATE: JUNE 1, 2025
REVISION DATE:
ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)
APPROVAL: CHIEF DARREN E. BRITTON
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BRADY INFORMATION
605.1 PURPOSE AND SCOPE
This policy establishes guidelines for identifying and releasing potentially exculpatory or impeachment information (so-called “Brady information”) to a prosecuting attorney.
605.1.1 DEFINITIONS
Definitions related to this policy include:
BRADY INFORMATION - Information known or possessed by the Lincoln Police Department that is both favorable and material to the current prosecution or defense of a criminal defendant.
605.2 POLICY
The Lincoln Police Department will conduct fair and impartial criminal investigations and will provide the prosecution with both incriminating and exculpatory evidence, as well as information that may adversely affect the credibility of a witness. In addition to reporting all evidence of guilt, the Lincoln Police Department will assist the prosecution by complying with its obligation to disclose information that is both favorable and material to the defense. The Department will identify and disclose to the prosecution potentially exculpatory information, as provided in this policy.
605.3 DISCLOSURE OF INVESTIGATIVE INFORMATION
Officers must include in their investigative reports adequate investigative information and reference to all material evidence and facts that are reasonably believed to be either incriminating or exculpatory to any individual in the case. If an officer learns of potentially incriminating or exculpatory information any time after submission of a case, the officer or the handling investigator must prepare and submit a supplemental report documenting such information as soon as practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor’s office.
If information is believed to be privileged or confidential (e.g., informant or attorney-client information, attorney work product), the officer should discuss the matter with a supervisor and/or prosecutor to determine the appropriate manner in which to proceed.
Evidence or facts are considered material if there is a reasonable probability that they would affect the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material often requires legal or even judicial review. If an officer is unsure, the officer should address the issue with a supervisor.
Supervisors who are uncertain about whether evidence or facts are material should address the issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained in the department case file.
605.4 BRADY PROCESS
The Chief of Police shall select a member of the Department to coordinate requests for Brady information. This person shall be directly responsible to the Deputy Chief of Police or the authorized designee.
The responsibilities of the coordinator include but are not limited to:
(a) Working with the appropriate prosecutors' offices and the City Attorney's office to establish systems and processes to determine what constitutes Brady information and the method for notification and disclosure.
(b) Maintaining a current list of members who have Brady information in their files or backgrounds.
Updating this list whenever potential Brady information concerning any department member becomes known to the Department or is placed into a personnel or internal affairs file.
605.5 DISCLOSURE OF REQUESTED INFORMATION
If Brady information is located, the following procedure shall apply:
(a) In the event that a motion has not already been filed by the criminal defendant or other party, the prosecuting attorney and department member whose file is related to the motion shall be notified of the potential presence of Brady information.
(b) The prosecuting attorney or City Attorney should be requested to file a motion in order to initiate an in-camera review by the court.
If no motion is filed, the Public Records Officer should work with the appropriate counsel to determine whether the records should be disclosed to the prosecutor.
(c) The Public Records Officer shall accompany all relevant personnel files during any in-camera inspection and address any issues or questions raised by the court in determining whether any information contained in the files is both material and favorable to the criminal defendant.
(d) If the court determines that there is relevant Brady information contained in the files, only that information ordered released will be copied and released to the parties filing the motion.
Prior to the release of any information pursuant to this process, a protective order should be requested from the court limiting the use of such information to the involved case and requiring the return of all copies upon completion of the case.
(e) If a court has determined that relevant Brady information is contained in a member's file in any case, the prosecutor should be notified of that fact in all future cases involving that member.
605.6 INVESTIGATING BRADY ISSUES
If the Department receives information from any source that a member may have issues of credibility or dishonesty or has been engaged in an act of moral turpitude or criminal conduct, the information shall be investigated and processed in accordance with the Personnel Complaints Policy.
605.7 SUBPOENA PROCESSING
The individual processing subpoenas (or the supervisor of the subpoenaed member) shall check the subpoenaed member’s name against the current list of those who are known to have Brady information in their files or background, and shall alert the coordinator if a person on the list is subpoenaed.
These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.
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