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eBook details

• Title: People V. Mooc
• Author : California Supreme Court
• Release Date : January 24, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

In Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess), we recognized that a criminal defendant may, in some circumstances, compel the discovery of evidence in the arresting law enforcement officer's personnel file that is relevant to the defendant's ability to defend against a criminal charge. "In 1978, the California Legislature codified the privileges and procedures surrounding what had come to be known as `Pitchess motions' . . . through the enactment of Penal Code sections 832.7 and 832.8 and Evidence Code sections 1043 through 1045." (City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 81, fns. omitted (Santa Cruz).) By providing that the trial court should conduct an in camera review, the Legislature balanced the accused's need for disclosure of relevant information with the law enforcement officer's legitimate expectation of privacy in his or her personnel records. (Id. at pp. 83-84.)

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