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]

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