Question
My laptop was taken in a burglary. When the police located it, it had been bought and sold twice people who had it innocently bought it off Craigslist. Those people are listed as “witness” on the police report. Police refuse to identify them to me because 1) they don’t release witness identities 2) release their identity to me would endanger them (witnesses).
Needless to say, the identity of people who had access to my most intimate thoughts, my health and financial data business records is extremely important to me. What rights do I have?
Answer
Unfortunately, the Public Records Act does provide the police with the discretion to withhold witness names under Government Code§ 6254(f). Under the Act, police investigatory records are generally exempt from disclosure, except that certain information is required by to be disclosed by law enforcement agencies regarding a particular incident, e.g., the name and addresses of persons involved in, or witnesses to, the incident, the description of property involved, the date, time and location of the incident, etc.
Id. The exemption goes on to state, however, that disclosure is not required if it would “endanger the safety of a witness or other person involved in the investigation,” which it sounds like the agency is claiming in this instance. Id.
You might consider asking the police for more specific information relating to how the release of the names would endanger their safety, i.e., is the original offender still on the loose? If that person has been arrested and is currently confined, then wouldn’t any danger to the witnesses be diminished?
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.
Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.