Relevant evidence shall not be excluded in criminal proceedings; however, nothing in this section shall affect any existing statutory rule of evidence relating to privilege or hearsay.
All people have an inalienable right to privacy, although there are situations in which the individual's right to privacy is limited by certain conditions.
People have a right to be secure in their belongings without unreasonable searches and seizures without a warrant specifying what is to be searched. (The seizure of business files, such as the medical records of a doctor where the medical records were freely open to the doctor's employees, is not unlawful. People v. Thayer, 63 Cal 2d 635 (1965))
A criminal defendant has the right to compel and confront witnesses. (A court has held that a defendant had right to confront and cross-examine psychiatrists and psychologists testifying against him in pretrial hearing.)
The state constitution holds that persons may not be compelled in a criminal cause to be a witness against themselves, but it does not prevent the prosecution from obtaining information from third party to prove its case. (In a murder prosecution, the state served subpoenas duces tecum seeking records from mental health professionals who had treated or tested defendant.)
Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press. In Hurvitz v.
The retirement board of a public pension or retirement system shall administer the system to deliver benefits and services to beneficiaries and participants. In CA. Op. Atty. Gen. No. 04-408 (February 23, 2005), the Attorney General concluded that a county retirement board may meet in closed session to discuss and evaluate medical records submitted in connection with an employee's application for a disability retirement.
Under the Workmen's Compensation Act, the Industrial Accident Commission can receive physicians' reports as evidence. (In Hart v. Industrial Acc. Commission of Cal., an automobile mechanic injured on the job was denied workers’ compensation based on insufficient evidence (i.e. the statement of the examining physician) that his injury was caused by the work incident. The mechanic appealed the decision, but the court found in favor of the Commission and affirmed the Commission’s decision.)
