Missing persons report and the CPRA

Answer

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 thearrest;

(d)     The time and date of booking;

(e)     The location of thearrest;

(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 theagency.

(a)     The time, substance andlocation of all complaints or requests for assistance;

(b)     The time and nature of theresponse thereto;

(c)     If information regardingcrimes alleged or committed or any other incident investigated is recorded:

(1)     The time, date andlocation of occurrence of the alleged crime or other incident;

(2)     The time and date of thereport;

(3)        The name, age andcurrent 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.