Fagan

Fagan v. Superior Court

Good Law
111 Cal. App. 4th 607·2003 Cal. App. LEXIS 1288·2003 Daily Journal DAR 9517·4 Cal. Rptr. 3d 239·20 I.E.R. Cas. (BNA) 614
Court of Appeal of CaliforniaAugust 22, 2003A102525California4,369 words

Opinion

Opinion

Stein, J.

By petition for writ of mandate, Alex Fagan, Jr., Matthew Tonsing and David Lee challenge an order of the San Francisco Superior Court denying their motion to maintain under seal the results of urinalysis tests. The urinalysis results are contained in petitioners’ confidential peace officer personnel files (Pen. Code, § 832.8), but were obtained by the San Francisco District Attorney pursuant to section 832.7, subdivision (a). Petitioners contend that the district attorney was not authorized to obtain the results and, even if the district attorney was so authorized, the information obtained may not be used or disclosed in criminal proceedings, or otherwise publicly disseminated, absent further judicial review. The superior court, on petitioner’s motion, issued an interim protective order precluding public dissemination of the urinalysis results. After the superior court denied petitioners’ motion, it dissolved its interim protective order. This petition followed. We stayed the superior court’s order unsealing the urinalysis results, thereby reinstating that court’s interim protective order.

We hold that although the district attorney properly obtained the results of…

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