Garden Grove Police Department v. Superior Court
Opinion
Lead Opinion
Leary, J.
Petitioner, Garden Grove Police Department, argues the trial court abused its discretion when it ordered the police department to disclose the birth dates of three police officers to the Orange County District Attorney for the purpose of running criminal records checks. The police department contends the court should have required the defendant to comply with the Pitchess process (Pitchess v. Superior Court (1974) 11 Cal.3d 531 [ 113 Cal.Rptr. 897 , 522 P.2d 305 ]). We agree and order a writ of mandate to issue commanding the trial court to vacate its order releasing the officers’ *432 birth dates and to allow defendant to file a discovery motion in accordance with Evidence Code sections 1043 and 1045.
I
James Carl Reimann was arrested and charged with causing bodily injury to another person while driving under the influence of alcohol (Veh. Code, §23153, subds. (a) & (b)), with an enhancement for inflicting great bodily injury on another (Pen. Code, § 12022.7). During the course of discovery, Reimann asked the district attorney to run criminal records checks on the officers involved in Reimann’s arrest. When the district attorney declined, Reimann filed a motion…