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

The following excerpt is from City of Los Angeles v. Superior Court, 124 Cal.Rptr.2d 202, 29 Cal.4th 1, 52 P.3d 129 (Cal. 2002):

Evidence Code section 1047 prohibits the disclosure of personnel records of police officers who were not present during the arrest or had no contact with the party seeking disclosure from the time of arrest until the time of booking. Section 1047 was enacted three months after our decision in People v. Memro (1985) 38 Cal.3d 658, 214 Cal.Rptr. 832, 700 P.2d 446, where we had held that such discovery was proper.

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