Can a district attorney seek discovery of the peace officer personnel records of a criminal defendant who was not a police officer at the time of the crime?

California, United States of America


The following excerpt is from City of San Jose v. Superior Court, 67 Cal.App.4th 1135, 79 Cal.Rptr.2d 624 (Cal. App. 1998):

5 This court recently held that "where the People seek discovery of the peace officer personnel records of a criminal defendant who was not employed as a police officer at the time the crime was allegedly committed, the district attorney is not exempted under the provisions or Penal Code 832.7, subdivision (a), and must comply with the requirements of Evidence Code sections 1043 et seq." (People v. Superior Court (Gremminger) (1997) 58 Cal.App.4th 397, 407, 67 Cal.Rptr.2d 910.)

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