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Modification: Oakland Police Officers' Assn. v. City of Oakland

Ruling by

James M. Humes

Lower Court

Alameda County Superior Court

Lower Court Judge

Frank Roesch
Under Public Safety Officers Procedural Bill of Rights Section 3303(g), investigating agency's disclosure obligations should be guided by whether agency designates otherwise discoverable materials as confidential.



Court

California Courts of Appeal 1DCA/1

Cite as

2021 DJDAR 4702

Published

May 17, 2021

Filing Date

May 13, 2021

Opinion Type

Modification

Case Fully Briefed

Jul. 7, 2020


OAKLAND POLICE OFFICERS' ASSOCIATION et al.,

Plaintiffs and Respondents,

v.

CITY OF OAKLAND,

Defendant and Appellant.

 

No. A158662

(Alameda County Super. Ct. No. RG19002328)

California Courts of Appeal

First Appellate District

Division One

Filed May 13, 2021

 

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

 

It is ordered that the opinion filed herein on April 26, 2021, be modified as follows:

1. On page 22, in the first full paragraph beginning with "Under this construction...," remove the word "may" and replace it with "must", so that the paragraph shall now read as:

"Under this construction of subdivision (g), and consistent with City of Pasadena, no materials identified in subdivision (g) must be disclosed prior to an initial interrogation of a peace officer."

The modification does not change the appellate judgment. (Cal. Rules of Court, rule 8.264(c)(2).)

Respondent's petition for rehearing is denied.

 

 

Humes, P.J.

#277312

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