Obtaining police records
Q: I am trying to find out what information regarding city police officers is public, specifically their resume, criminal record and formal complaints? Any information you can give me about investigating cops would be more than wonderful, thanks so much for your time!
A: Unfortunately, records about police officers are among the most difficult to obtain in California. The so-called Peace Officers Bill of Rights (in Penal Code section 832.7, among other statutes) makes police officer personnel records confidential and prohibits their disclosure except in some limited circumstances in litigation.
For the most part, the courts have held that this law makes all information in the personnel records confidential — including such information as salary, employment and education history, home address, and even complaints of excessive force or other complaints against the officer.
However, other courts have held journalists can use the California Public Records Act to obtain information about an officer that is available from some source other than the officer’s personnel records. For example, the courts have held that the names of officers who have been subject to disciplinary proceedings, or have been involved in shooting incidents, are not confidential and must be disclosed. Two of the most helpful cases in this regard are Copley Press v. Superior Court, 18 Cal. Rptr. 3d 657 (2004) and New York Times Co. v. Superior Court, 52 Cal. App. 4th 97 (1997).