Requester, an admitted former member of a criminal street gang, filed a petition against city police department requesting removal of his name from a shared gang database that listed him as a suspected gang member or associate.
The Superior Court denied requester’s petition. Requester appealed.
The Court of Appeal held that:
- Any error in trial court’s admission of department’s second letter denying requester’s request to be removed from database was harmless for purposes of trial court’s ruling on requester’s petition;
- Substantial evidence established that requester was an active “associate” or “affiliate” of the gang he previously belonged to, thus, supporting trial court’s denial of requester’s petition; and
- Trial court’s denial of requester’s attempt to introduce evidence to rebut department’s denial letter with reference to department’s opposition to requester’s petition did not violate requester’s due process rights.