Obtaining Copies of Police Reports Relating to a Minor
Q: The Sheriff’s Office refused to provide me with a copy of their Police Report about a shooting. I stated that my son (9-yr old) resides at an address near the shooting and he is in mortal danger. I need this report for the Family Court.
A: You may be able to obtain at least certain information from the police report 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 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 sheriff’s office) to withhold, among other things, records of complaints and investigatory records.
However, this exemption does not allow law enforcement agencies 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 would 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 listed crimes] . . . Cal Gov’t Code 6254(f)
In other words, the victim of an incident or someone who suffered injury or loss from an incident is entitled to learn the names and addresses and statements of people involved in and witnesses to the incident.
Except as provided below, the law enforcement agency also must disclose the following information to any member of the public (not only to victims of the incident):
(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). The full text of this section can be reviewed here.
Sometimes, once law enforcement agencies understand their obligation to provide the information outlined above, they decide to simply provide the complete police report.
You may want communicate again with the Sheriff’s office and submit a CPRA written request 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. Note that the PRA requires agencies to provide you with the documents requested, or notify you that your request has been denied, within 10 days. Cal. Gov’t Code § 6253. If the written request is denied, the agency is obligated to back its denial by citing an exemption in the PRA or other state or federal law allowing it to withhold the records you seek. Cal. Gov’t code § 6255.
Note that, depending on your specific circumstances — including whether you are involved in a legal proceeding for which you want to use the records — there may also be other ways of obtaining the records you seek (such as a subpoena) that are outside the scope of the general information about open government and free speech that we can provide through this service.