Does section 1047 of the California Civil Code prohibit discovery of police department personnel records of officers not involved in the incident that led to Alt's arrest?

California, United States of America


The following excerpt is from Alt v. Superior Court, 74 Cal.App.4th 950, 88 Cal.Rptr.2d 530 (Cal. App. 1999):

The language of section 1047, read in light of the statutory framework, prohibits discovery where the request for discovery involves an issue concerning a particular incident. The particular incident is an arrest or the conduct between the arrest and booking, and discovery of personnel records of officers not involved in that arrest or conduct is prohibited. We have previously adhered to this view: in Davis v. City of Sacramento (1994) 24 Cal.App.4th 393, 29 Cal.Rptr.2d 232, we stated that "section 1047 prohibits discovery of police department personnel records for officers not involved in the incident giving rise to particular litigation." (24 Cal.App.4th at p. 400, 29 Cal.Rptr.2d 232.) Read in this manner, the discovery prohibition of section 1047 does not apply here because Alt is not requesting discovery based on his arrest or on any conduct between his arrest and booking.

Other Questions


Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
Can a police officer who was not present at the time of arrest be required to produce the personnel records of the arresting officer? (California, United States of America)
In a civil action brought by defendant against three of the arresting police officers, what are the findings of the in camera hearing regarding the disclosure of the officers' personnel records? (California, United States of America)
Does a police officer have been found in breach of section 69 of the California Civil Code of Civil Procedure by failing to stop a man from running away from an officer? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
What is the test for interpretation of section 830.33 of the California Statutory Code of Civil Procedure on the grounds that a police officer's primary duty is if the police enforce the law against a minor offender? (California, United States of America)
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)
What is the scope of section 5 of the California Charter City Act, section 5, subdivision (b) of the Act, allowing a city police force to appoint its own police officers? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.