Must prosecutors turn over records they can access but don't possess? State v. Chlopitsky Explained

In State v. Chlopitsky, the Utah Court of Appeals clarified important boundaries around prosecutorial discovery obligations, addressing when prosecutors must disclose records and what constitutes good cause for reciprocal discovery under Rule 16.

Background and Facts

After being arrested for drug offenses following a suspicious encounter near an ATM, defendant Chlopitsky filed an internal affairs complaint against the arresting officer, believing she was mistreated and her impounded vehicle wrongfully destroyed. During criminal discovery, she sought the internal affairs record under Rule 16(a)(1), arguing it constituted a relevant recorded statement. The State denied the request, noting that the Salt Lake County prosecutor’s office neither possessed nor had knowledge of the record, which was held by South Salt Lake City’s Internal Affairs Division.

Key Legal Issues

The court addressed two critical questions: First, whether Rule 16(a)(1) requires prosecutors to disclose records they can access through GRAMA but do not possess or know about. Second, what constitutes good cause under Rule 16(c) for prosecutorial discovery requests.

Court’s Analysis and Holding

Following State v. Pliego, the court held that Rule 16(a)(1) only requires disclosure when prosecutors possess or have knowledge of materials. Requiring prosecutors to search all accessible government records would create a “herculean burden.” The court rejected the broader federal standard from United States v. Perdomo that required disclosure of records “in the possession of some arm of the state.”

For reciprocal discovery, the court applied the materiality standard from State v. Mickelson, holding that good cause under Rule 16(c) requires only showing that requested evidence is material to trial preparation, not blanket access to the defense case.

Practice Implications

This decision provides crucial guidance for criminal discovery practice. Defense counsel seeking records from other agencies should use Rule 14(b) subpoena power rather than Rule 16 requests when prosecutors lack possession or knowledge. For prosecutors seeking reciprocal discovery, demonstrating materiality of requested defense information satisfies the good cause requirement, but fishing expeditions remain prohibited.