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Name: Tennison v. City and Co. of San Francisco
Case #: 06-15426
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/08/2008

Brady imposes a duty on police officers, as well as prosecutors, to disclose exculpatory evidence. In this civil rights suit, the plaintiffs, who had served almost 13 years in prison for a murder they did not commit, alleged two homicide inspectors withheld exculpatory evidence during the investigation and prosecution of the case. The inspectors argued that Brady applies only to prosecutors and not to police. The Court of Appeals rejected this argument noting the U.S. Supreme Court has made clear “Brady suppression occurs when the government fails to turn over evidence that is ‘known only to police investigators and not to the prosecutor.’” (Youngblood v. West Virginia (2006) 547 U.S. 867.) To hold otherwise would undermine Brady by allowing a prosecutor to tell investigators not to give him or her certain information unless specifically requested.