NCJ Number
44797
Date Published
1975
Length
68 pages
Annotation
A SUMMARY OF A SEMINAR ON CONFIDENTIALITY OF POLICE PERSONNEL RECORDS FOCUSES ON OPPOSITION TO SUBPOENAS DUCES TECUM AND MOTIONS FOR DISCOVERY DIRECTED TO THE PERSONNEL FILES OF POLICE OFFICERS.
Abstract
IN 1974 THE CALIFORNIA SUPREME COURT UPHELD A TRIAL COURT'S DECISION TO REQUIRE THE LOS ANGELES COUNTY SHERIFF TO PRODUCE THE PERSONNEL RECORDS OF DEPUTY SHERIFFS AGAINST WHOM THE DEFENDANT IN THE CASE WAS CHARGED WITH COMMITTING BATTERY. (THE DEFENDANT SOUGHT TO DISCOVER EVIDENCE OF THE DEPUTIES' PROPENSITY FOR VIOLENCE IN ORDER TO ESTABLISH THAT HE HAD ACTED IN SELF-DEFENSE.) THE SEMINAR PARTICIPANTS CONCLUDED THAT ALTHOUGH THIS DECISION PRESENTS A PROBLEM FOR POLICE AGENCIES, THE PROBLEM HAS NOT BEEN OF THE MAGNITUDE ANTICIPATED. THE COURTS ARE NOT ALLOWING BLANKET DISCOVERY OF POLICE PERSONNEL RECORDS. A COPY OF THE DECISION IS APPENDED, TOGETHER WITH A COPY OF THE POINTS AND AUTHORITIES SUCCESSFULLY USED IN OPPOSITION TO A MOTION OF DISCOVERY OF POLICE PERSONNEL RECORDS IN ANOTHER CASE. A THIRD APPENDED DOCUMENT, PREPARED BY THE SAN DIEGO COUNTY DISTRICT ATTORNEY'S OFFICE, ANALYZES CASE AND STATUTORY LAW PERTAINING TO CONFIDENTIALITY OF RECORDS AND OUTLINES PROCEDURES TO BE FOLLOWED BY POLICE IN RESPONDING TO SUBPOENAS DUCES TECUM DIRECTED TO POLICE PERSONNEL FILES. IN ADDITION TO HIGHLIGHTING THE MAJOR POINTS IN THE APPENDED DOCUMENTS, THE BRIEF SUMMARY NOTES THE SEMINAR PARTICIPANTS' DISCUSSION OF PROCEDURES FOR INTERNAL INVESTIGATIONS OF COMPLAINTS. (LKM)