CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Official Information; Info Held by Govt
.........Official Information Priv
............Surveillance Location
4 Cards On This Topic:

Abuse of discretion to uphold DA's claim of privilege as to O's location when observing drug deal where location critical to M's case and DA did not show how preserving its secrecy might outweigh necessity of disclosure in the interests of justice.

Court properly upheld EC 1040 privilege as to O's surveillance location, without making any adverse order or finding under EC 1042, where location not material and O's testimony corroborated by independent evidence.

Whether court properly exercised discretion in sustaining privilege not to disclose exact location of surveillance site depends on facts of case.

Public interest justifies DA's assertion of evidentiary privilege to prevent officer from disclosing exact surveillance location in drug case.