PIERRE C. v. Superior Court

Opinion

POCHÉ, Acting P. J.

Petitioner Pierre C. seeks a writ of mandate to compel respondent superior court to hold an

in camera

hearing to determine whether certain police personnel files are discoverable. We conclude that petitioner made a sufficient showing under Evidence Code section 1043

1

and therefore we grant the requested relief.

[1122]

Facts

Proceedings to establish that petitioner, a minor, came within the provisions of Welfare and Institutions Code section 602 were commenced on the basis of a petition alleging that he had possessed marijuana for sale (Health & Saf. Code, § 11359) and had sold marijuana (Health & Saf. Code, § 11360, subd. (a)). He thereafter moved for production of citizen complaints against the arresting officers “for racial prejudice, false arrest, illegal search and seizure, the fabrication of charges and/or evidence, dishonesty and improper tactics no matter how catalogued by that police department, such as conduct unbecoming an officer, neglect of duty, false arrest and miscellaneous. ”

The affidavit filed in support of the motion to compel discovery was made on information and belief by petitioner’s counsel, an attorney for the Bay-view Hunter’s Point Community Defender’s Office.

Respondent court denied the discovery motion finding that insufficient facts had been presented to justify an

in camera

hearing.

Review

Police officer personnel records are discoverable pursuant to section 1043. (Pen. Code, § 832.7.) That section requires the moving party to submit “[ajffidavits showing good cause for the discovery or disclosure sought, setting forth the materiality thereof to the subject matter involved in the pending litigation and stating upon reasonable belief that such governmental agency identified has such records or information from such records.” (§ 1043, subd. (b)(3).) Section 1045 makes explicit that the information sought must be “relevant to the subject matter involved in the pending litigation” (id., subd. (a)), that in determining relevance “the court shall examine the information in chambers”