Technology’s Effect on Advocacy
What You Should Be Doing Right Now.
Brady and disclosure obligations. The original AI- generated draft is discoverable material. If the AI draft says one thing and the final report says another, that discrepancy is material to the defense in a criminal case and to the plaintiff in a civil rights action. Prosecutors have an obligation under Brady v. Maryland (1963) 373 U.S. 83 to disclose evidence that is favorable to the defense. Plaintiffs’ attorneys should argue that AI drafts, audit trails, and any metadata reflecting the AI’s role in the report’s creation fall within the scope of discoverable and potentially exculpatory material. “yeah” as a verbal acknowledgment that they are listening, the AI may render it as an agreement or a confession. If an officer says “the subject appeared intoxicated,” the AI incorporates that characterization into the narrative as though it were an established fact. The polished, authoritative tone of the AI-generated report can make a narrative sound more credible than the underlying facts support. That should concern every plaintiffs’ attorney reading these reports.
First, in every case involving a police report, ask whether artificial intelligence was used to generate or edit the report. Do not assume the disclosure required by Penal Code section 13663 will appear. As the EFF investigation documented, officers have been bypassing AI disclaimers entirely. Second, propound discovery specifically targeting the AI-generated draft, the audit trail, the body-worn camera footage that was uploaded to the AI system, and any metadata reflecting which AI program was used, when the draft was generated, and what edits were made. I would include these requests in your first set of written discovery. Third, retain an expert who can evaluate the AI system’s transcription and narrative-generation process. Generative AI is not a tape recorder. It makes interpretive choices about what to include, how to characterize events, and what language to use. Those choices are not neutral, and they are not disclosed unless you ask.
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Consumer Attorneys of California
FORUM September/October 2026
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