Can I access driver ID’s from traffic-stop police reports?

Answer

Unfortunately, under California’s Public Records Act, police “investigatory reports” are exempt from disclosure.  Gov’t Code § 6254(f) (exempting “any investigatory or security files compiled by any other state or local police agency”).  Thus, it may be that reports compiled by the police pertaining to drivers
driving on a suspended license could be exempt from disclosure, and thus you cannot see the contents of those reports.

That said, police are required to release a limited amount of information related to arrests and requests for assistance, unless the disclosure of such information “would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation.”  Id.  This information includes:

(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 the restrictions imposed by Section 841.5 of the Penal Code, 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.
(3) Subject to the restrictions of Section 841.5 of the Penal Code and this subdivision, the current address of every individual arrested by the agency and the current address of the victim of a crime, where the requester declares under penalty of perjury that the request is made for a scholarly, journalistic, political, or governmental purpose, or that the request is made for investigation purposes by a licensed private investigator as described in Chapter 11.3 Cal. Gov’t Code § 6254(f)(1)-(3).

What is available to reporters with respect to the above information amounts, essentially, to police blotter information surrounding the circumstances related to arrests or calls for assistance.

The PRA doesn’t prohibit the release of records that are otherwise exempt from disclosure, if the police department chooses to share such information with you.  So the first step would be to simply ask for the police reports related to the incidents you are interested in learning more about.  If the police deny your request, they must state the exemption that applies, and why it applies. 

Also, if any of the drivers involved in these incidents were charged by the District Attorney, there may be court records available containing details with respect to the arrest.  Court records, such as complaints and other types of pleadings, are subject to the First Amendment right of access, and can only be withheld from public if a very high standard is met.

It sounds like you might not have the names of the drivers, and thus it might be difficult to pinpoint the records that might be helpful to you.  You might also try submitting a request to the district attorney under the PRA for any records related to suspended license cases. 

While the same investigatory records exemption that applies to the police would also apply to the DA, any charging documents or other documents the district attorney filed with the court would be subject to disclosure. Weaver v. Superior Court, 224 Cal. App. 4th 746, 751 (2014) (“Because they were publicly filed, the charging documents [plaintiff] seeks are not investigatory files exempt from disclosure under the CPRA.”). 

The one category of documents that might be hard for you to obtain here are those instances where a driver was stopped by the police, but not arrested, and also not charged by the DA.  Thus, the limited information required to be released by the police would not help you here since the individual was not arrested, the investigatory report could still be withheld from disclosure even though charges were never brought, and there wouldn’t be any documents filed with the court that would help you out.  So, again, the first step is to simply ask for the records and/or information that you seek and see how the police (as well as the court and/or DA) respond. 

Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.