Kamp, 040683 CAAGO, AGO 81-712
|Docket Nº:||AGO 81-712|
|Case Date:||April 06, 1983|
"Peace officer personnel records and records maintained pursuant to Section 832.5, or information obtained from such records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Section 1043 of the Evidence Code. This section shall not apply to investigations or proceedings concerning the conduct of police officers or a police agency conducted by a grand jury or a district attorney's office."We are asked what restrictions are placed upon a district attorney in obtaining access to the personnel records of a police officer where the provisions of Evidence Code section 1043 are not followed. We conclude that as long as the district attorney is duly investigating "the conduct of police officers or a police agency" as specified in section 832.7, he need not first obtain a court order for access to the records in question. Preliminarily, we note that the Legislature and the courts have generally allowed public access to government files relating to the conduct of official business but not to those files...
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