Article 9. Official Information And Identity Of Informer of California Evidence Code >> Division 8. >> Chapter 4. >> Article 9.
(a) As used in this section, "official information" means
information acquired in confidence by a public employee in the course
of his or her duty and not open, or officially disclosed, to the
public prior to the time the claim of privilege is made.
(b) A public entity has a privilege to refuse to disclose official
information, and to prevent another from disclosing official
information, if the privilege is claimed by a person authorized by
the public entity to do so and either of the following apply:
(1) Disclosure is forbidden by an act of the Congress of the
United States or a statute of this state.
(2) Disclosure of the information is against the public interest
because there is a necessity for preserving the confidentiality of
the information that outweighs the necessity for disclosure in the
interest of justice; but no privilege may be claimed under this
paragraph if any person authorized to do so has consented that the
information be disclosed in the proceeding. In determining whether
disclosure of the information is against the public interest, the
interest of the public entity as a party in the outcome of the
proceeding may not be considered.
(c) Notwithstanding any other law, the Employment Development
Department shall disclose to law enforcement agencies, in accordance
with subdivision (i) of Section 1095 of the Unemployment Insurance
Code, information in its possession relating to any person if an
arrest warrant has been issued for the person for commission of a
(a) Except as provided in this section, a public entity has a
privilege to refuse to disclose the identity of a person who has
furnished information as provided in subdivision (b) purporting to
disclose a violation of a law of the United States or of this state
or of a public entity in this state, and to prevent another from
disclosing the person's identity, if the privilege is claimed by a
person authorized by the public entity to do so and either of the
(1) Disclosure is forbidden by an act of the Congress of the
United States or a statute of this state.
(2) Disclosure of the identity of the informer is against the
public interest because the necessity for preserving the
confidentiality of his or her identity outweighs the necessity for
disclosure in the interest of justice. The privilege shall not be
claimed under this paragraph if a person authorized to do so has
consented that the identity of the informer be disclosed in the
proceeding. In determining whether disclosure of the identity of the
informer is against the public interest, the interest of the public
entity as a party in the outcome of the proceeding shall not be
(b) The privilege described in this section applies only if the
information is furnished in confidence by the informer to any of the
(1) A law enforcement officer.
(2) A representative of an administrative agency charged with the
administration or enforcement of the law alleged to be violated.
(3) Any person for the purpose of transmittal to a person listed
in paragraph (1) or (2). As used in this paragraph, "person" includes
a volunteer or employee of a crime stopper organization.
(c) The privilege described in this section shall not be construed
to prevent the informer from disclosing his or her identity.
(d) As used in this section, "crime stopper organization" means a
private, nonprofit organization that accepts and expends donations
used to reward persons who report to the organization information
concerning alleged criminal activity, and forwards the information to
the appropriate law enforcement agency.
(a) Except where disclosure is forbidden by an act of the
Congress of the United States, if a claim of privilege under this
article by the state or a public entity in this state is sustained in
a criminal proceeding, the presiding officer shall make such order
or finding of fact adverse to the public entity bringing the
proceeding as is required by law upon any issue in the proceeding to
which the privileged information is material.
(b) Notwithstanding subdivision (a), where a search is made
pursuant to a warrant valid on its face, the public entity bringing a
criminal proceeding is not required to reveal to the defendant
official information or the identity of an informer in order to
establish the legality of the search or the admissibility of any
evidence obtained as a result of it.
(c) Notwithstanding subdivision (a), in any preliminary hearing,
criminal trial, or other criminal proceeding, any otherwise
admissible evidence of information communicated to a peace officer by
a confidential informant, who is not a material witness to the guilt
or innocence of the accused of the offense charged, is admissible on
the issue of reasonable cause to make an arrest or search without
requiring that the name or identity of the informant be disclosed if
the judge or magistrate is satisfied, based upon evidence produced in
open court, out of the presence of the jury, that such information
was received from a reliable informant and in his discretion does not
require such disclosure.
(d) When, in any such criminal proceeding, a party demands
disclosure of the identity of the informant on the ground the
informant is a material witness on the issue of guilt, the court
shall conduct a hearing at which all parties may present evidence on
the issue of disclosure. Such hearing shall be conducted outside the
presence of the jury, if any. During the hearing, if the privilege
provided for in Section 1041 is claimed by a person authorized to do
so or if a person who is authorized to claim such privilege refuses
to answer any question on the ground that the answer would tend to
disclose the identity of the informant, the prosecuting attorney may
request that the court hold an in camera hearing. If such a request
is made, the court shall hold such a hearing outside the presence of
the defendant and his counsel. At the in camera hearing, the
prosecution may offer evidence which would tend to disclose or which
discloses the identity of the informant to aid the court in its
determination whether there is a reasonable possibility that
nondisclosure might deprive the defendant of a fair trial. A reporter
shall be present at the in camera hearing. Any transcription of the
proceedings at the in camera hearing, as well as any physical
evidence presented at the hearing, shall be ordered sealed by the
court, and only a court may have access to its contents. The court
shall not order disclosure, nor strike the testimony of the witness
who invokes the privilege, nor dismiss the criminal proceeding, if
the party offering the witness refuses to disclose the identity of
the informant, unless, based upon the evidence presented at the
hearing held in the presence of the defendant and his counsel and the
evidence presented at the in camera hearing, the court concludes
that there is a reasonable possibility that nondisclosure might
deprive the defendant of a fair trial.
(a) In any case in which discovery or disclosure is sought of
peace or custodial officer personnel records or records maintained
pursuant to Section 832.5 of the Penal Code or information from those
records, the party seeking the discovery or disclosure shall file a
written motion with the appropriate court or administrative body upon
written notice to the governmental agency which has custody and
control of the records. The written notice shall be given at the
times prescribed by subdivision (b) of Section 1005 of the Code of
Civil Procedure. Upon receipt of the notice the governmental agency
served shall immediately notify the individual whose records are
(b) The motion shall include all of the following:
(1) Identification of the proceeding in which discovery or
disclosure is sought, the party seeking discovery or disclosure, the
peace or custodial officer whose records are sought, the governmental
agency which has custody and control of the records, and the time
and place at which the motion for discovery or disclosure shall be
(2) A description of the type of records or information sought.
(3) Affidavits 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 the governmental agency identified has the records or
information from the records.
(c) No hearing upon a motion for discovery or disclosure shall be
held without full compliance with the notice provisions of this
section except upon a showing by the moving party of good cause for
noncompliance, or upon a waiver of the hearing by the governmental
agency identified as having the records.
Nothing in this article shall be construed to affect the
right of access to records of medical or psychological history where
such access would otherwise be available under Section 996 or 1016.
(a) Nothing in this article shall be construed to affect the
right of access to records of complaints, or investigations of
complaints, or discipline imposed as a result of those
investigations, concerning an event or transaction in which the peace
officer or custodial officer, as defined in Section 831.5 of the
Penal Code, participated, or which he or she perceived, and
pertaining to the manner in which he or she performed his or her
duties, provided that information is relevant to the subject matter
involved in the pending litigation.
(b) In determining relevance, the court shall examine the
information in chambers in conformity with Section 915, and shall
exclude from disclosure:
(1) Information consisting of complaints concerning conduct
occurring more than five years before the event or transaction that
is the subject of the litigation in aid of which discovery or
disclosure is sought.
(2) In any criminal proceeding the conclusions of any officer
investigating a complaint filed pursuant to Section 832.5 of the
(3) Facts sought to be disclosed that are so remote as to make
disclosure of little or no practical benefit.
(c) In determining relevance where the issue in litigation
concerns the policies or pattern of conduct of the employing agency,
the court shall consider whether the information sought may be
obtained from other records maintained by the employing agency in the
regular course of agency business which would not necessitate the
disclosure of individual personnel records.
(d) Upon motion seasonably made by the governmental agency which
has custody or control of the records to be examined or by the
officer whose records are sought, and upon good cause showing the
necessity thereof, the court may make any order which justice
requires to protect the officer or agency from unnecessary annoyance,
embarrassment or oppression.
(e) The court shall, in any case or proceeding permitting the
disclosure or discovery of any peace or custodial officer records
requested pursuant to Section 1043, order that the records disclosed
or discovered may not be used for any purpose other than a court
proceeding pursuant to applicable law.
In any case, otherwise authorized by law, in which the party
seeking disclosure is alleging excessive force by a peace officer or
custodial officer, as defined in Section 831.5 of the Penal Code, in
connection with the arrest of that party, or for conduct alleged to
have occurred within a jail facility, the motion shall include a copy
of the police report setting forth the circumstances under which the
party was stopped and arrested, or a copy of the crime report
setting forth the circumstances under which the conduct is alleged to
have occurred within a jail facility.
Records of peace officers or custodial officers, as defined
in Section 831.5 of the Penal Code, including supervisorial officers,
who either were not present during the arrest or had no contact with
the party seeking disclosure from the time of the arrest until the
time of booking, or who were not present at the time the conduct is
alleged to have occurred within a jail facility, shall not be subject