What is the test for in camera review of a police officer's personnel records?

California, United States of America


The following excerpt is from People v. Kelley, F063623 (Cal. App. 2012):

In our view, appellant has not set forth a proposed defense, established a plausible factual foundation for the alleged officer misconduct, or articulated a valid theory as to how the requested information might be admissible at trial. Given the foregoing circumstances, appellant was not entitled to have the trial court review the requested records in camera to determine what information, if any, should be disclosed. (People v. Gaines (2009) 46 Cal.4th 172, 178-179.) The trial court did not abuse its discretion by declining to conduct an in camera Pitchess review of the officers' personnel records. (Uybungco v. Superior Court, supra, 163 Cal.App.4th at p. 1049.)

The judgment is affirmed.

______________________
Poochigian, J.

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