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.
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