C.A. 4th;
G053126

The Fourth Appellate District affirmed in part and reversed in part a judgment. The court held that police officers did not have an objectively reasonable expectation of privacy in comments made at a crime scene following a narcotics raid.

City of Santa Ana police officers Doe 1 and Doe 2 participated in the execution of a search warrant on a marijuana dispensary. Unbeknownst to the officers, who believed that all recording devices had been removed from the premises, the dispensary owner had installed hidden cameras in the dispensary in anticipation of the raid. The owner later released edited portions of the recordings to media outlets in a manner to distort the officers' actions and cause problems for both the officers and the city. After viewing the recordings, which included the officers' comments about confidential work related matters and personal family issues, the city initiated internal affairs investigations of the two officers. Following initial interrogations of both officers, the city obtained additional video footage and scheduled a second round of interrogations. Both officers requested, under Gov. Code §3303(g), part of the Public Safety Officers Bill of Rights Act (POBRA), that the city produce tape recordings of the initial interrogations, transcribed stenographer notes, and any reports or complaints made by the investigators or other persons, before interrogating the officers a second time. The city denied the requests.