Posted October 16, 2006

 AG Opinion 05-903, DJDAR 13887

 Attorney General Opinion Says That Evidence Code Spousal Privileges Do Not Apply to Administrative Investigations Under POBR

           The Evidence Code contains several privileges that allow spouses to refuse to testify against each other and to prevent disclosure of confidential marital communications. Evid. Code §§ 970, 971, 980. The Sheriff of Monterey County requested an AG Opinion as to whether these privileges apply in an IA inquiry, where an officer's spouse (also a peace officer) is suspected of official misconduct.

          The AG's opinion is that the privileges apply only in "proceedings," such as court hearings and trials, and not in internal departmental investigations. The AG also concluded that if an officer refuses to disclose information about the suspect-spouse, that officer may be disciplined, and any compelled disclosures made by the witness-spouse during IA inquiries could be admitted in a subsequent court hearing in which the suspect-spouse challenges the administrative discipline imposed by the department.

Posted October 2, 2006

 Governor Vetoes Two Bills Affecting Police Procedures

           On September 30, 2006, Governor Schwarzenegger vetoed SB 171, which would have required police officers to tape record custodial interrogations in homicide and serious felony cases. As part of his veto message, the Governor wrote: "The language in this bill is flawed, which could result in the erroneous release of criminals guilty or murder or other violent crimes due to technicalities."

           On the same date, the Governor vetoed SB 1544, which would have mandated that DOJ and POST establish statewide procedures for conducting lineup identifications, and would have allowed "ID expert witnesses" to testify at trial about the factors influencing the reliability of eyewitness identifications. The Governor said of this bill: "I cannot support a measure that circumvents the legislative process and denies the public and their elected representatives the chance to approve or deny a statewide policy that could have a life-altering impact on an individual participating in our justice system."