Brady Material Identification Checklist

Evidence that tends to prove innocence or negate guilt.

• Video showing the defendant was not present at the scene during the alleged incident
• Footage demonstrating the defendant acted in self-defense or under duress
• Video revealing an alternative suspect or third party who may be responsible
• Footage showing the defendant complying with officer commands (contradicting resistance claims)
• Video of the scene that contradicts the prosecution's theory of events
• Footage showing the absence of alleged contraband, weapons, or other evidence

Evidence that undermines prosecution witness credibility.

• Video contradicting specific factual claims made in officer reports
• Audio of officers making inconsistent statements about the incident
• Footage showing officer conduct that suggests bias, hostility, or improper motivation
• Video of officers discussing their report narratives before writing them
• Audio/video of promises, deals, or inducements offered to civilian witnesses
• Footage of officer conduct that violates department policy or training standards

Evidence that should exist but has not been provided.

• Body cameras that should have been activated but were not recording
• Gaps in footage where cameras were turned off or muted during the encounter
• Video from additional officers or cameras known to be present but not disclosed
• Surveillance footage from the area that has not been collected or produced
• Dashcam footage from responding vehicles that has not been disclosed
• Pre-event buffer footage that may have been excluded from disclosure

Video evidence of due process violations.

• Failure to administer Miranda warnings before custodial interrogation
• Unlawful search or seizure captured on camera
• Excessive or unjustified use of force documented in footage
• Failure to follow department policies visible on camera
• Evidence of racial profiling or discriminatory conduct
• Violations of the defendant's right to counsel