Navarro

The People appeal an order of the Municipal Court of the Los Angeles Judicial District dismissing a criminal misdemeanor complaint charging a violation of Health and Safety Code section 11550 (use or under influence of a controlled substance). In the course of the proceedings defendant moved to discover complaints by others against the police officers who arrested defendant, although the cause did not affirmatively involve any issue of assault or battery or use of excessive force.

Apparently on the sole basis of a declaration by a deputy public defender to the effect that, “the defense may contend that the defendant did not voluntarily agree to provide a urine sample, but rather was coerced into providing the sample as a result of unlawful tactics and excessive force” (italics added), the municipal court ordered the prosecution to produce the following information:

In issuing this order the court, relying primarily on People v. Mascarenas (1971) 21 Cal.App.3d 660 [ 98 Cal.Rptr. 728 ], ruled, in effect, that substantial justification existed for discovery of evidence of character to prove conduct pursuant to Evidence Code section 1101, subdivision (b), and that plausible…