Garden Grove Police Department v. Superior Court

Opinion

O’LEARY, J. Petitioner, Garden Grove Police Department, argues the trial court abused its discretion when it ordered the police department to disclose the birth dates of three police officers to the Orange County District Attorney for the purpose of running criminal records checks. The police department contends the court should have required the defendant to comply with the Pitchess process (Pitchess v. Superior Court (1974) 11 Cal.3d 531 [113 Cal.Rptr. 897, 522 P.2d 305]). We agree and order a writ of mandate to issue commanding the trial court to vacate its order releasing the officers’ [432]birth dates and to allow defendant to file a discovery motion in accordance with Evidence Code sections 1043 and 1045.

I

James Carl Reimann was arrested and charged with causing bodily injury to another person while driving under the influence of alcohol (Veh. Code, §23153, subds. (a) & (b)), with an enhancement for inflicting great bodily injury on another (Pen. Code, § 12022.7). During the course of discovery, Reimann asked the district attorney to run criminal records checks on the officers involved in Reimann’s arrest. When the district attorney declined, Reimann filed a motion requesting the information.

The police department asked the court for the opportunity to appear and to brief the issue. The police department and the district attorney filed oppositions.

The court ordered the district attorney to run criminal records checks on the officers. Because the district attorney needed the officers’ birth dates to run the criminal records checks, the court ordered the police department to disclose the birth dates to the district attorney. The court left the determination whether the evidence was material or favorable to the district attorney for later. It refused to hold an in camera hearing or allow the disclosure of the records checks to Reimann.

The court based its order on Penal Code section 1054.11 and the federal due process clause.2 It stated, “This is not a Pitchess sort of order, obviously. There’s been no allegation that the police officers did anything wrong in executing their duties in this case. So I don’t view this as a Pitchess issue.” The police department seeks a peremptory writ of mandate ordering the trial court to vacate its order requiring it to disclose the officers’ birth dates to the district attorney.