Santa Ana Police Off. Assn. v. City of Santa Ana.

Two City of Santa Ana Police officers were the subjects of an internal affairs investigation based on their conduct during the execution of a search warrant at a marijuana dispensary. The Santa Ana Police Department initiated the investigation after video recordings of the officers were released to the media. The video recordings were made by the dispensary owners without the knowledge of the officers, who had removed all known recording devices before executing the warrant. Plaintiffs Santa Ana Police Officers Association (SAPOA) and the officers (collectively, Plaintiffs) brought this lawsuit against the City of Santa Ana, the Santa Ana Police Department, and the Santa Ana Chief of Police (collectively, Defendants) and asserted two causes of action arising out of the investigation: (1) Defendants violated the California Invasion of Privacy Act by using the video recordings made at the marijuana dispensary as the basis for, and as evidence in, the internal affairs investigation; and (2) Defendants violated Government Code section 3303(g), part of the Public Safety Officers Bill of Rights Act, by refusing to produce tape recordings of the initial interrogations of the officers, transcribed stenographer notes, and any reports or complaints made by the investigators or other persons, before interrogating the officers a second time. The trial court sustained, without leave to amend, Defendants demurrer to the first amended complaint (the Complaint). Plaintiffs appealed that decision. The Court of Appeals concluded the Complaint did not, and could not, state a violation of the California Invasion of Privacy Act because the officers had no reasonable expectation as a matter of law that their communications during the raid of the marijuana dispensary were not being overheard, watched, or recorded. The Court also concluded, however, the second cause of action states a cause of action for violation of the Public Safety Officers Bill of Rights Act because, under section 3303(g), Defendants were required to produce the tape recordings of the initial interrogations, transcribed stenographer notes, and reports and complaints made by the investigators or other persons, before the officers were interrogated a second time. View "Santa Ana Police Off. Assn. v. City of Santa Ana." on Justia Law