RockinghamCounty Discovery Policies and Procedures
These policies and procedures govern the discovery process for all law enforcement agencies in Rockingham County, North Carolina. In an effort to fully and completely comply with discovery laws, Brady requirements (see attached), open file discovery, and other legal requirements, the presumption is in favor of disclosure. Do not withhold any information, evidence, report, or other materials from the District Attorney Office or any prosecutor working on any case for which your agency or officers’ are involved.
This policy shall apply to all felonies.
Delivery of Complete File
1.Completely fill out the Felony Report, a copy of which is attached hereto (This will be emailed to you as well).
2.Law enforcement shall Bates stamp their entire original case file in the bottom right hand corner of each page. The Felony Report should be the first item Bates stamped in each felony packet, and the Certificate of Compliance with Law Enforcement Duties (see attached) should be the last item Bates stamped in the file.
a.Include all information acquired during the course of the felony investigation in your stamped discovery packet and copy it to a flash drive or disc.
b.Stamp the front of each page, and stamp the back of each page that contains any printed material, handwriting, or marking of any kind.
c.If you receive new discovery after you have turned in your felony report, look at your Discovery Certification and note the last number that was Bates stamped. Begin stamping any new discovery with the next number. The new discovery should be concluded with another Discovery Certification as your “new” last stamped page.
3.Do not add any information to a document once you have stamped it.
4.Do not stamp any physical evidence, but do Bates stamp all inventories, evidence lists, and copies of any video tapes, audio tapes, CDs and DVDs made or acquired during the course of your investigation.
5.If you are using a confidential informant, or have other information you believe requires a protective order pursuant to N.C.G.S. §15A-908, you must include that information in your report, and complete the attached Protective Order Request Form. This form should be included in your discovery packet. If no request is made, all information provided will be automatically disclosed to the defense. A copy of N.C.G.S §15A-908 is attached.
6. Bring an electronic copy (flash drive or disc) of your complete bates stamped file to be uploaded into our automated system.
NOTE: Each file must be accompanied with a Certificate of Compliance with Law Enforcement Duties.
7. The officer/detective who signs and submits the Certificate of Compliance with Law enforcement Duties will be the contact for all inquiries regarding discovery.
8.No case will be submitted to Grand Jury prior to receipt of complete discovery from the officer, unless prior approval is obtained from the District Attorney.
9.You must provide your complete file to the District Attorney’s Office. Complete means everything.
Upon Issuing a Warrant
- Unless The District Attorney Office has already assigned the case to another prosecutor, officers and detectives shall meet with Assistant District Attorney Mark Keeney. The officers or detectives who make felony arrests shall schedule said meeting within 7 days of issuing the warrant to review your file and discuss your case. The officer or detective should bring their complete file to this meeting. The officer or detective should follow the requirements set forth in the Delivery of Complete File section of this memo.
a.If the officer or detective does not have discovery at that meeting, another appointment will be scheduled no later than oneweek.
b.If discovery is not provided at this second meeting, the warrant will be dismissed, absent compelling circumstances.
2.The case will be reviewed for indictment when the complete file is turned over to the DA’s office for review. No case will be submitted to Grand Jury prior to receipt of complete discovery from the officer, unless prior approval is obtained from the District Attorney.
Case Files Submitted for Review without a Warrant
1.Officers or detectives who want a prosecutor to review a case for submission to Grand Jury without issuing a warrant should make an appointment with Assistant District Attorney Mark Keeney. Please contact the Discovery Coordinator with our office to schedule said appointment.
2.The officer or detective should bring their complete file to this meeting.
3.No case will be submitted to Grand Jury prior to receipt of complete discovery from the officer, unless prior approval is obtained from the District Attorney.
Physical Evidence
1.If items have not been previously submitted for analysis, officers with physical evidence should submit their evidence to the SBI lab for analysis immediately upon notification that their case will be submitted to Grand Jury.
2.Items of evidence should be made available for review upon request by the DA’s Office.
3.All items of physical evidence should be included on an evidence control form. The evidence control forms should be provided to the District attorney’s Office in your original discovery package, and additional copies given as changes/modifications are made.
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