California Evidence Code Section 1024 - Interpretation
In People v. Gomez (1982) 134 Cal. App. 3d 874 185 Cal. Rptr. 155, the defendant made statements that reasonably suggested he posed a danger to others.
He conceded that under Evidence Code section 1024, his statements were not privileged when uttered. However, he claimed they became privileged by the time of trial because their disclosure was no longer required to prevent danger.
In rejecting this argument, the court stated, "Section 1024 provides categorically that there 'is no privilege' as to certain communications.
'If the preliminary facts upon which Evidence Code section 1024 rests were present at the time prior to the injury complained of, section 1024 prevents any privilege from attaching . . . ." (People v. Gomez, supra, at p. 881)