Electronic Disclosure for Defense Attorneys
Call 791-4104 to learn how this works and/or to set up this feature. Rule 15.1 of Criminal Procedure only requires the State to "make available to the defendant for examination and reproduction" discoverable materials.
Because of the amount of material and the number of requests for disclosure, the City Prosecutor's Office is unable to retrieve, copy and mail disclosure for defense counsel in every case. In most instances, hard copies that are reproduced will be one-sided, although we will make every effort to make double-sided copies when possible.
To make a request for specific disclosure contact the City Prosecutor's Office at (520) 791-4104.
Defendants who do not have a defense attorney may obtain a copy of their police report and any other relevant disclosure through the City Prosecutor's Office. They must appear in person to make their request. Represented defendants may also obtain police reports through the City Prosecutor's Office, but may prefer to go through their attorney.
Paper Copy and Disc Disclousure Costs
Paper copies of disclosure will be available for pick-up at the City Prosecutor's Office on the 5th floor of the City Court Building. The charges are as follows:
15 pages or less = $5; each additional 1-15 pages = $5.00. For example, disclosure of 1 to 15 pages = $5.00; disclosure of 16 to 30 pages = $10.00; disclosure of 31 to 45 pages = $15.00, etc.
CDs / DVDs = $25
Labor Charges after 1 hour (per hour) = $15.
Duty to Disclose
The State will disclose all of the discoverable materials currently in possession of the City Prosecutor's Office pursuant to Rule 15.1 and Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194,10 L.Ed. 2d 215 (1963). Any discoverable materials received following initial disclosure will be disclosed upon receipt.
All police communications may be obtained by mailing a written request to TPD Headquarters, 270 South Stone Avenue, Tucson, Arizona 85701.
A written request should contain enough information concerning the event so that the incident report may be located. The case number is preferable, but the following information should be sufficient: 1) the incident location; 2) the incident date and time; 3) the names of involved officers. Additional instructions may be found at http://cms3.tucsonaz.gov/police/audio-request
All police communications may be obtained through the Tucson Police Department. TPD Headquarters are located at 270 S. Stone Avenue, Tucson, AZ 85701. Requests may be made in person, in writing, or over the internet. A written request should contain enough information concerning the event to that the incident report may be located; the case number is preferable, but a description of the date and time of the event including the officer’s names and the location should suffice. Additional instructions may be found at http://tpdinternet.tucsonaz.gov/services/audio.html. TPD Communications Division exclusively maintains recordings of calls received within the division. Recordings originating from another agency or office must be obtained through the respective agency or office.
A record of the activities of the officer(s) involved in an arrest is contained in an incident history printout. Records personnel will require the case number to reference the requested printout. TPD policy is to save incident history information for 180 days after the incident.
TPD policy is to save radio dispatch and 911 communications recordings for 180 days after the incident.
Attempts to locate, or “ATL” records are normally purged from the TPD Communications system 20 days after the record entry is made.
Mobile Data Terminal (MDT) information is normally preserved for a maximum of 5 24-hour consecutive periods. MDT recordings are normally erased and re-used after that period.
Please contact the Tucson Police Department to determine whether a communication or record of communication exists.
NOTICE: Should TPD inform defendants that police communications or records of communications no longer exists because the item has been purged, attorneys or unrepresented defendants should contact the assigned prosecutor to see if the prosecutor has obtained a copy of the materials.
Maintenance logs for the Intoxilyzer 8000 are available on line at: http://police.tucsonaz.gov/police/intox-records
HGN Logs are available at http://police.tucsonaz.gov/police/hgn-logs If you are unable to locate a particular HGN log through this web site, please contact the DUI Squad Sergeant at 791-4440 or the officer in question via the DUI Squad Sergeant.
Intoxilyer Operator Permits
Intoxilyer permits may be obtained directly from the officer who performed breath testing by requesting an officer interview (please see procedures set forth below).
Intoxilyzer Logs are available at: http://police.tucsonaz.gov/police/intox-records
Quality Assurance Specialist Certificates (QAS)
QAS certificates may be obtained by contacting the Quality Assurance Specialist directly at the TPD Crime Lab, (520) 791-4494. The name of the operating officer would be included in the police reports. A copy of the Intoxilyzer permit of the operation officer is kept by the officer.
Specific Requests for Disclosure of HGN and Intoxilyzer Logs
Any specific technical information regarding individual machines, if it exists, may be obtained by interviewing the Tucson Police Department Crime Laboratory technicians responsible for these instruments. They may be reached at (520) 791- 4494.
Additionally, the complete text of an instruction or operator's manual along with any supplements is available for inspection at the City Prosecutor's Office.
These materials are available only for viewing. They are protected by copyright and may not be reproduced. In addition, the defendant or counsel may contact the manufacturer or distributor regarding the possibility of purchasing a copy of the stated materials.
The corporate name and address of the manufacturer is CMI-MPH, Incorporated, 316 East Ninth, Owensboro, Kentucky 42301.
Information indicating whether an instrument in a specific case was acquired new or used, and the date of its first certification may be obtained from the Tucson Police Department Crime Laboratory at (520) 791-4494.
The defendant or counsel is free to go in and examine and/or reproduce this information by following procedure as detailed above.
TPD Crime Lab Technicians may be called by the State as an expert witness with regard to the Intoxilyzer breath test results.
They may be reached at (520) 791-4494.
The names of any other expert witness(es) are either contained in the police reports or will be disclosed in the pretrial statement or twenty days prior to actual trial.
The State submits that it is outside the scope of Rule 15.1 for the State, or the expert, to be required to produce a list of any and all publications, treatises, and other written materials relied on by the expert(s) in forming their testimony. The State notes that the defendant or counsel certainly has a right to interview the State’s expert(s) to ascertain what their testimony will be and the basis for it.
TPD Employee/Officer Interviews
A defendant or counsel has the right to arrange interviews with the State’s witnesses.
Please note that police officers and civilian employees have been instructed, pursuant to Tucson Police Department General Orders, that: (1) an interview between a Tucson Police Department member and a representative of the defense shall take place at the police facility out of which the officer or employee works, or any other appropriate office setting agreed upon by both the TPD member and the interviewer; (2) the interview will be scheduled to take place during the member’s on duty hours and between the time period of 0800 and 1800 hours (8am–6pm), Monday through Friday. If this is not possible (e.g., the member works from 2200 to 0600 hours), the interview will be scheduled to take place as closely as possible to the member’s tour; (3) interviews will not be scheduled on the member’s day off; and, (4) unless specifically agreed upon by both the member and interviewer, pretrial interviews shall not continue past 2100 hours.
Officer Interviews can be arranged by completing the online form, Attorney Interview Request, available at http://cms3.tucsonaz.gov/police/attorney-interview-request. On the right side of the screen under How Do I, select Request an Attorney Interview. Complete the form and click Submit.
Tucson Police Department Officers’ Daily Logs
As of March 13, 1994, Tucson Police Department officers do not keep daily activity logs.
Tucson Police Department Officers’ Training Materials (DUI/Field Sobriety Tests)
A guide to Field Sobriety Tests can be found in the Tucson Police Department General Orders manual located in the Governmental Reference Section of the Main Library. A copy of the DWI Detection and Standardized Field Sobriety Testing - Student Manual can also be found at the Main Library. Information about training materials within the Tucson Police Department officers' possession can be obtained through interviews of the individual officer.
Tucson Police Department officers do not work under a ‘quota’ system.
Disclosure in Pretrial Statements
All documents, reports, articles, books, statements, or other evidence in connection with a case, including, but not limited to, scientific tests, experimental comparisons, laboratory reports, photographs, diagrams, charts, or tangible evidence which the State intends to use at trial will be disclosed prior to the trial.
This information will be disclosed in the form of documents, or it will be listed in the pretrial statement, or both.
Witnesses and/or Experts
The names of all individuals having knowledge of the offense charged, or interviewed by the officer, are included in the police reports, or will be disclosed in the pretrial statement.
Names of all witnesses the State intends to call in its case-in-chief are contained in the police reports or will be disclosed in the pretrial statement. Certain sensitive information, such as phone numbers and addresses, of civilian witnesses, particularly victims, may be redacted from the police reports before they are disclosed. In Arizona, in most criminal cases, the victim may refuse an interview by a defendant or counsel.
However, if requested, the State will contact the victim to determine if they are willing to be interviewed. The State will also disclose the names and contact information of any expert(s) that it will be calling in its case in chief in the pretrial statement.
Beyond the initial disclosure, there is often no other information of whatever form, source, or nature that would tend to exculpate a defendant, either through an indication of innocence or through the potential impeachment of any State’s witness. However, should the State subsequently discover exculpatory information following initial disclosure it will be immediately disclosed.
Specific Evidence, Defendant Motor Vehicle Records, and Prior Convictions
Other than the information contained in police reports, the State is typically unaware of any other evidence obtained by observation of police witnesses that will be used by the State in specific cases. The State will immediately disclose any additional evidence or information should it become available following the initial disclosure.
The State often performs Motor Vehicle Division (MVD) and criminal background checks on defendants at the onset of cases. Any information obtained as a result of these checks will be disclosed upon request and in the initial disclosure.