What is the test for good cause to obtain a police officer's personnel records?

California, United States of America


The following excerpt is from Burbank v. the Superior Court of Los Angeles County, No. B229849 (Cal. App. 2011):

26 Cal.4th 1216, 1226.) The affidavit setting forth good cause "may be on information and belief and need not be based on personal knowledge [citation], but the information sought must be requested with sufficient specificity to preclude the possibility of a defendant's simply casting about for any helpful information [citation]." (Mooc, at p. 1226.) If the moving party fulfills these requirements, then the court examines the records in camera. (Ibid.) This process balances the conflicting interests of the moving party's right to a fair trial and the officer's interest in privacy. (Id. at p. 1227.) An officer thus has a conditional privilege in his or her personnel records. (Fagan v. Superior Court (2003) 111 Cal.App.4th 607, 614.)

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