Michael

This case presents issues regarding the application of Penal Code section 832.7, Evidence Code section 1043, and the constitutional right to privacy to a novel factual situation. Specifically, we are asked to determine whether, when a former police officer testifies against a police department in a lawsuit, the law enforcement agency which employed the officer may allow its lawyer to review the officer’s personnel records in order to evaluate their use as impeachment at trial, without compliance with the procedural requirements of Evidence Code sections 1043 and 1045. We determine that the Evidence Code’s procedural requirements are not applicable to the facts just described, and that under those circumstances, inspection of records by the law enforcement agency and its attorney violates no statutory or constitutional right. We therefore affirm the trial court.

Facts

Appellant Robert Michael is a retired Los Angeles police captain who works as a consultant on police tactics and procedures. In November of 1990, he testified as an expert witness for the plaintiff, Craig, in a lawsuit (the Craig lawsuit) against the City of Los Angeles, the Los Angeles Police Department…