DNA records Q: I am the webmaster of a site tracking the case of a serial rapist/killer. I would like to gain access to the crime files of a local Sheriff’s department regarding the killer. The statute of limitations on the rapes committed by this person expired over a decade ago. There is DNA information in the crime files that has never been released to the public. I believe it could be used to identify
Q: Made Request for records under 6257(f) as the “authorized representative”of a victim and police are claiming disclosure would “endanger successful completion” of six-month-old investigation. No objection re standing or anything else just the investigation exemption. They refuse to articulate how disclosure would endanger. Can’t find any case law on this exemption. [su_button url=”https://firstamendmentcoalition.org/legal-hotline/” target=”blank” style=”3d” background=”#be202f” color=”#ffffff” size=”4″ wide=”yes” center=”yes” radius=”0″ icon_color=”#ffffff” onclick=”CLICK TO LEGAL HOTLINE” class=”div { font-size:x-small; }”]Not the answer need? Ask our Legal Hotline attorneys.[/su_button]
Political Reform Act case records Q: I asked our District Attorney for information allowed by Gov Code 6254 (f)(2) on Political Reform Act cases. She gave only closed cases, saying giving me anything on open cases would endanger the investigation. Do you agree? A: Under the California Public Records Act, certain law enforcement information can be properly withheld. Specifically, under California Government Code section 6254(f), records of complaints and investigations of law enforcement agencies may
Q: I made a CPRA request for information regarding enforcement of a housing ordinance. The response was that “the matter is under investigation.” How long can the CPRA be denied with the explanation that the matter is “under investigation” ? A: Under the Public Records Act, public records — which include “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless
The California Department of Health Services, Ongoing Investigations, and Public Records Q: I’m a reporter tracking down the causes of an E coli outbreak. The California Department of Health Services isn’t releasing info because it considers its investigation ongoing. Are health investigations exempt? I’m not sure how release of information might jeopardize a scientific investigation. How should I phrase my request to get the documents as soon as possible? Also – as part of this
Q: I’m currently battling a workers’ comp case with my former employer. In November, my husband requested a welfare check on my behalf. In that documentation — a computer-aided dispatch log — someone placed fraudulent information. I have requested the computer-aided dispatch logs through my former agency. The department has denied the request for radio, phone, and cab logs based on the following letter: We have received your California Public Records Act request, these files
Q: The police department is refusing to release the arrest report I’ve requested. Do they have to release the report under CPRA? A: The police department might be refusing to disclose the arrest report on the ground that it is a law enforcement investigatory record exempt from disclosure under the Public Records Act, Gov’t Code § 6254(f). However, police are required to release certain information related to arrests, unless the disclosure of such information “would endanger
Q: A county supervisor called 911 to report what he described as an assault with several punches thrown at him. The local police department investigated and determined witnesses saw no punches thrown. After some delay, the city attorney has released the police investigative documents. Thus far, they have refused to release transcripts of the phone call(s) to report it. The city attorney is claiming that releasing the transcripts may have a chilling effect on other
Boating Accidents and the CPRA Q: I am a marine insurance adjuster retained by a boater’s insurance company to investigate a serious boating accident that occurred in June of 06 near the Colorado River. A local sheriffs department investigated. The deputy found the boater in violation of three misdemeanor boating code violations and in his report which the county sent us a copy of he recommended referral to the DA’s office. The boater has never
Jail Files of Prisoner Suicide Q: I want to investigate the suicide of man in the county jail. Can I get access to his files at the public defender and district attorney offices now that he is dead? Or are they still exempt from the CPRA? A: Under the California Public Records Act, Government Code section 6250 et seq., records maintained by public agencies are presumptively available for public inspection and copying unless one of
Labor Commission Records Q: I was a defendant in a claim a terminated employee made at the Industrial Relations/Dept of Labor. Before the hearing I requested in writing numerous times copies of the file. I was told after the 3rd letter to file a California Public Records Act ‘claim’. I did that and have followed up 6 times over a 2 month time period. It is my understanding that records under the Labor Commission are
Accessing Police Evidence Q: I was attacked by police. They grabbed me forcibly and bruised my arms and wrist and sprained 3 discs in my back for which I am under a doctor’s care. I was not their suspect. Minutes before this assault I called 9-1-1 asking to speak to the Watch Commander and was refused this right. The DA is saying the call doesn’t exist, even though I showed proof from my phone bill.
Q: My CPRA request to review the 911 recording/transcript of a 2003 death was denied by the LAPD. While the cause of death was determined to be a knife wound the coroner declined to rule on whether the incident was a suicide or homicide. Prior to my formal request, the police refused to discuss the case citing its ”ongoing nature.” My formal request to review the 911 call for service was denied because it was
Obtaining Copies of Video Q: I was assaulted at old town trolley station by a trolley officer, this assault was caught on video. How do i get a copy of video? A: From the information in your submission, it is not clear who is in possession of the video tape you reference. If the Metropolitan Transit System has possession of the video, you may want to submit a request under the Public Records Act (“PRA”)
Accessing 911 Calls and Police Reports Q: I’m producing a documentary on the lives of Transgender women. Many of them have been assaulted or even killed for being who they are. I want to show a few instances of that through 911 calls, police reports, and associated photos. The police department won’t even respond to my requests. Do I have a right to obtain this information? A: Under the California Public Records Act (“PRA”), Govt. Code
Q: Reporters in our news organization deal with several police departments who routinely deny requests for suspect mug shots. Most recently, a mug shot of a driver in a fatal hit and run case was requested. As they always do, the police department denied our request for the mug shot and offered this standard reasoning for the exemption: A: ”Based on your request for ‘the mug shot of the suspect arrested this morning for the
Q: We are attempting to obtain arrest logs and mugshots or the booking photos associated with each arrest from local police jurisdictions for the purpose of crime statistical data gathering. We are asking for data on a consistent basis, i.e. daily email, weekly spreadsheets etc. Some jurisdictions have supplied the arrest logs but no photos. Other jurisdictions act like this is the first time they have ever had a request for such information. Can you
Q: We have a City Council unfamiliar it seems with the First Amendment. The most recent proposal is to order the police to “resist” public records act requests for certain booking photos. The local journalist here is standing pretty much alone. My interest is only concerned citizen. I just looking for the ammunition to be an involved citizen, and resist the order to resist. A: I’m sorry to hear the city council is attempting to limit the
Q: I’m a journalist who filed a request for police reports with the Police Department, seeking information about certain incidents and arrests involving stolen firearms. When the records officer called me to clarify what kind of information I was seeking, I told her I wished to receive basic information — such time, date, location, etc. — but also a narrative summary of the incident or arrest and a description of the firearm involved, to include
