The South Dakota Supreme Court has ruled that law enforcement officers' personnel records can be subpoenaed by defendants in criminal trials. State law says personnel records are confidential, but justices say the U.S. Constitution gives a defendant the right to prepare a defense. However, justices set guidelines to be met before officers' confidential records are opened, starting with a three-pronged test that originated with the prosecution of President Richard M. Nixon in 1974.
SD Supreme Court: Nixon Test Is Protocol For Subpoenaing Law Officers' Records
