Does the Court of Appeal's interpretation of section 1045(e) of the Penal Code apply to the disclosure of police officer personnel records?
California, United States of America
The following excerpt is from Alford v. Superior Court, 130 Cal.Rptr.2d 672, 29 Cal.4th 1033, 63 P.3d 228 (Cal. 2003):
[130 Cal.Rptr.2d 679]
As the Court of Appeal reasoned, its interpretation of section 1045(e) harmonizes the entire statutory scheme and retains its effectiveness by furthering the legitimate interests of both the defendant and the peace officer. (See People v. Pieters (1991) 52 Cal.3d 894, 899, 276 Cal.Rptr. 918, 802 P.2d 420.) In contrast, as that court found, petitioner's interpretation conflicts with the confidentiality of officer personnel records, as recognized in Penal Code section 832.7, and the procedural requirements for disclosure of such records set forth in Evidence Code sections 1043 and 1045, subdivisions (a) through (c).[130 Cal.Rptr.2d 679]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
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)
How have the courts interpreted section 30(e) of the US Constitution on the grounds that the provisions of article 30(E) of Section 50(e of the Civil Rights Act are invalid? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
How has the court treated a motion for disclosure of personnel records of two police officers? (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)
Is there an exemption or privilege for disclosure of records of investigations of complaints against police officers under section 832.8 of the Penal Code? (California, United States of America)
Can we independently examine the record made by the trial court in denying a defendant's motion for disclosure of police personnel records? (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)
What is the consequence of the trial court's denial of a plaintiff's request for disclosure of police personnel records? (California, United States of America)
What is the legal test for a criminal defendant to obtain copies of a police officer's personnel records from the California Police Service? (California, United States of America)
