Is a police officer's written report a public record in an administrative per se proceeding even if it reports a second officer's observations?

California, United States of America


The following excerpt is from Murphey v. Shiomoto, 13 Cal.App.5th 1052, 221 Cal.Rptr.3d 261 (Cal. App. 2017):

"Assuming satisfaction of the exception's other requirements, '[t]he trustworthiness requirement ... is established by a showing that [a police officer's] written report is based upon the observations of public employees who have a duty to observe the facts and report and record them correctly.' " ( Gananian v. Zolin (1995) 33 Cal.App.4th 634, 640, 39 Cal.Rptr.2d 384 ( Gananian ), fn. omitted [stating that a police officer's sworn report qualifies as an admissible public record under Evidence Code section 1280 in an administrative per se proceeding even to the extent that it reports a second officer's observations because the second officer "was acting pursuant to his duty as a police officer to observe the facts and report them correctly" ( Gananian , supra , at p. 641, 39 Cal.Rptr.2d 384 ) ].)

[13 Cal.App.5th 1064]

iii. The presumption in favor of the performance of an official duty

Evidence Code section 664 provides:

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