Accessing Police Reports on Investigations

Accessing Police Reports on Investigations

Q: How do I access information from the county Police Department regarding a shoddy investigation of financial elder abuse?

A: You may be able to obtain the information you seek by making a request under the California Public Records Act (“CPRA”).  Under the CPRA, records in the possession of public entities are presumed to be public unless one of the Act’s enumerated exceptions to disclosure applies. Government Code section 6254(f) sets forth the so-called “law enforcement” exemption, which allows law enforcement agencies (such as a city police department) to withhold, among other things, records of complaints and investigatory records.  This exemption does not, on the other hand, allow the police to withhold all information contained in those records.

Here is what the CPRA has to say about what information must be disclosed.  Unless the disclosure would endanger completion of an investigation or the safety of a witness or other person involved in the investigation (or release the analysis or conclusions of an
investigating officer), a law enforcement agency must disclose the following:

[t]he names and addresses of persons involved in, or witnesses [except confidential informants] to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by [certain enumerated crimes] . . . Cal Gov’t Code 6254(f)

Except as provided below, the law enforcement agency also must disclose the following information:

(1) The full name and occupation of every individual arrested by the agency, the individual’s physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds.

(2) [Subject to certain restrictions], the time, substance, and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date, and location of occurrence, the time and date of the report, the name and age of the victim, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property, or weapons involved. The name of a victim of any crime defined by [the California Penal Code] may be withheld at the victim’s request, or at the request of the victim’s parent or guardian if the victim is a minor.

Cal. Gov’t Code 6254(f)(1)-(2).

If the information that must be disclosed would be useful to you, you may want to submit a CPRA written request to the police department for the information you seek, reminding them of their obligation under section 6254(f) to provide you with the required disclosures.  A sample CPRA request is available on CFAC’s website at:
http://www.cfac.org/templates/cpraletter.html.