In re Marcos B. CA4/3

Marcos B. was adjudged a ward of the court under Welfare and Institutions Code section 602, based on findings he violated Health and Safety Code section 11351 (possession of narcotics for sale), Health and Safety Code section 11350, subd. (a) (possession of narcotics and controlled substances), Health and Safety Code section 11351.5 (possession of cocaine base for sale), and Health and Safety Code section 11378 (possession of controlled substances for sale). The case against Marcos relied heavily on the observations of Santa Ana Police Officer Corey Slayton, who declined to reveal the exact location from which he observed Marcos and two others engaging in what Slayton described as drug sales. After an in camera hearing, the court upheld the prosecutor’s claim that the location was privileged information under Evidence Code section 1040 (all further statutory references are to the Evidence Code) and ruled the location was not material information for purposes of section 1042.

Marcos asks us to review the transcript of the in camera hearing, to ascertain whether the court abused its discretion in determining the location qualified as privileged information under section…