Missing persons report and the CPRA
Q: I plan on submitting a public records request for a missing persons report that was filed with a police department. The individual filed as a missing person was found dead a day later. Is such a record public, when it could possibly be evidence in a murder investigation? Such a report is filed with a police department with the knowledge that it becomes public.
A: Missing persons reports are almost certainly “records of complaints to, or investigations conducted by . . . any state or local police agency, or . . . investigatory or security files compiled by any . . . state or local police agency.” They are therefore exempt from disclosure under Government Code section 6254(f). However, the police department must disclose certain information contained in the report (unless doing so would endanger their investigation-and any such claim should be treated skeptically):
1. Information required to be disclosed upon the arrest of an individual or individuals.
(a) Full name, current address and occupation of individual arrested;
(b) Physical description of the arrested individual including date of birth, color of eyes and hair, sex, height and weight;
(c) The time and date of the arrest;
(d) The time and date of booking;
(e) The location of the arrest;
(f) The factual circumstances surrounding the arrest;
(g) The amount of bail set;
(h) The time and manner of release or the location where the individual is currently being held; and
(i) All charges upon which the individual is being held, including any outstanding warrants from other jurisdictions and parole or probation holds.
2. Information required to be disclosed regarding complaints or requests for assistance received by the agency.
(a) The time, substance and location of all complaints or requests for assistance;
(b) The time and nature of the response thereto;
(c) If information regarding crimes alleged or committed or any other incident investigated is recorded:
(1) The time, date and location of occurrence of the alleged crime or other incident;
(2) The time and date of the report;
(3) The name, age and current address of the victim except that:
(1) the address of a victim of certain crimes involving sexual assault, unjustifiable punishment of a child, interference with exercise of civil rights, or corporal injury shall not be disclosed; and
(2) the name of a victim of those same crimes may be withheld at the request of the victim or the parents or guardian if the victim is a minor.