Prosecution Must Disclose “Use Of Force” Reports

The Maryland Court of Special Appeals has held that a “use of force” police report must be disclosed to the defense in a criminal case.

Nearly forty years ago, the Court of Appeals held that a defendant in a criminal case has a due process right to inspect prior written statements made by prosecution witnesses that are in possession of the State. Carr v. State, 284 Md. 455, 472–73 (1978). Two years later, this Court held that this right existed independently of the State’s duties imposed by the criminal discovery rules. Leonard v. State, 46 Md. App. 631, 636–37 (1980), aff’d, 290 Md. 295 (1981). This appeal requires us to apply the principles of Carr and related decisions to decide whether a prosecutor is required to provide to defense counsel copies of a use of force report prepared by an arresting officer who testified at trial…

The Baltimore City Police Department requires its officers to prepare “use of force” reports when the officer uses physical force in an encounter with a member of the public. The record before us indicates that the Department maintains these reports in the officer’s personnel file, and does not disclose the documents to third parties. Moorer prepared a use of force report after appellant’s arrest. The issue before us is whether the trial court erred when it denied appellant’s motion to require the prosecutor to provide him with a copy of Moorer’s statement.

The case involved a fleeing drug suspect who was subdued by three officers. The suspect was struck with a baton. Two officers testified at the trial. 

The court concluded that these reports must be disclosed and that the failure to do so here was not harmless error. (Mike Frisch)