Q: In California, is an officer required to provide a report and evidence from the case to a lawyer upon request?

A: In California, criminal defendants have the right to obtain discovery from the prosecution, which includes relevant police reports and evidence. This is based on the U.S. Constitution's due process protections and California state law.

Under California Penal Code Section 1054.1, the prosecuting attorney is required to disclose to the defendant or their attorney:

1. The names and addresses of persons the prosecutor intends to call as witnesses at trial.

2. Statements of all defendants.

3. All relevant real evidence seized or obtained as a part of the investigation of the offenses charged.

4. The existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial.

5. Any exculpatory evidence.

6. Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the case.

This disclosure must be made at least 30 days prior to trial, unless good cause is shown. The defense attorney can also file a motion to compel discovery if the prosecution fails to provide the required information.

However, the officer is not directly obligated to provide the report and evidence to the defense attorney upon request. Instead, the request should be made to the prosecutor, who is responsible for providing the discovery to the defense as required by law.

It's important to note that there may be some limitations on discovery, such as privileged information, confidential informants, or ongoing investigations. In these cases, the court may need to review the evidence in camera to determine what should be disclosed to the defense.