"A statutory privilege cannot override a defendant's constitutional right."
 People v. Reber, (1986) 177 Cal.App.3d. 523 [223 Cal.Rptr.139}

also

"the judiciary has a solemn obligation to insure that the constitutional right of an accused to a fair trial is realized. If that right would be thwarted by enforcement of a statute, the state ...must yield."
Vela v. Superior Ct, 208 Cal.App.3d. 141 [255 Cal.Rptr. 921]

Also


"Obviously, administrative agencies, like police officers must obey the Constitution and may not deprive persons of constitutional rights."
Southern Pac. Transportation Co. v. Public Utilities Com., 18 Cal.3d 308 [S.F. No. 23217. Supreme Court of California. November 23, 1976.]


Also

"A statute does not trump the Constitution."

People v. Ortiz, (1995) 32 Cal.App.4th at p. 292, fn. 2