Alice is on trial for sale of cocaine. She was arrested because she sold cocaine to Bill during an undercover drug investigation. Bill had previously been arrested for drug possession and had agreed to participate in the "sting" order to get the charges against him dropped. Officer Cowan, who arrested Alice, obtained a warrant to search her home for cocaine. The official inventory shows that 6 kilograms of cocaine were discovered in Alice's refrigerator. An Internet blogger who uses the name Honest John has posted several blogs claiming that Officer Cowan is notorious for lying about what he finds when executing search warrants. Alice's public defender filed a discovery motion asking for a copy of Officer Cowan's personnel file:
A) Alice's public defender should be allowed to review Officer Cowan's personnel file because this is a routine procedure when preparing for trial.
B) Alice's public defender must establish that information in Officer Cowan's personnel file is relevant to Alice's defense.
C) The motion will be denied because personnel files are privileged under all circumstances.
D) The motion will be denied if the Chief of Police exerts executive privilege.
Correct Answer:
Verified
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