So have you been intentionally deceptive in your career? This can take shape in several ways. One, have you ever been intentionally deceptive in formal proceedings such as testifying in court or with internal affairs? Secondly, have you ever withheld information or were deceptive about criminality during police actions? Perhaps you didn't want to squeal, so you stood behind a code of silence?
Have you ever maliciously fabricated evidence to strengthen your case. We once called it "padding" or "flaking" when an officer added more products to push a drug arrest to felony levels. These are but the short list of sins that will get you labeled a "Brady Cop."
Giglio v. United States (1972), which states that the prosecution must provide defense with any information germane to the credibility of the prosecution's witnesses, further extends the concept. It requires the prosecution and police to make efforts to discover information that speaks to a witness's creditability. Sounds simple, right? Check into your witnesses, maybe one of them has lived a life of deceit and lies. However, this list includes you! If you have been sanctioned for deceit in an internal investigation, it will be disclosed.
If the prosecution does not disclose material exculpatory evidence under these rules, and prejudice has ensued, the evidence will be suppressed. The evidence will be suppressed regardless of whether the prosecutor knew the evidence was in his or her possession, or whether or not the prosecutor intentionally or inadvertently withheld the evidence from the defense.
The defendant bears the burden of proving that the undisclosed evidence was material, and the defendant must show that there is a reasonable probability that there would be a difference in the outcome of the trial had the evidence been disclosed by the prosecutor.