California Evidence Code 1046 – In any case, otherwise authorized by law, in which the party seeking …
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In any case, otherwise authorized by law, in which the party seeking disclosure is alleging excessive force by a peace officer or custodial officer, as defined in § 831.5 of the Penal Code, in connection with the arrest of that party, or for conduct alleged to have occurred within a jail facility, the motion shall include a copy of the police report setting forth the circumstances under which the party was stopped and arrested, or a copy of the crime report setting forth the circumstances under which the conduct is alleged to have occurred within a jail facility.
(Amended by Stats. 2002, Ch. 391, Sec. 3. Effective January 1, 2003.)
Terms Used In California Evidence Code 1046
- Arrest: Taking physical custody of a person by lawful authority.
- Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Evidence Code 125
- Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
