Release of Police Reports and Information
The
release of police reports is governed by the California Public Records
Act (Government Code Section 6250-6260), as well as department policy.
Police
report information shall not be released without first establishing
both the "right to know" and the "need to know".
"Right to know" is defined as the right to obtain police report
information pursuant to court order, statute, or decisional law. "Need
to know" is defined as the necessity to obtain police report information
to execute official responsibilities.
Police
reports are not released to arrested individuals and/or suspects. These
individuals may obtain reports through their legal representatives through
the discovery and/or subpoena process.
The
following guidelines pertain to the release of police reports to victims
or their legal or insurance representatives. Landlords and/or property
owners must be listed in the report as victims in order to receive the
report:
Property
Crime Reports
Copies of the initial
reports may be released after the names of arrested persons or suspects
are deleted. Any additional lists and descriptions of stolen, damaged,
or missing property may also be released.
Person Crime
Reports
The face sheet of
reports involving crimes against persons, the victim's statement and
descriptions of any injuries sustained by the victim may be released.
In cases of person crimes which include thefts; i.e., Grand theft person,
Strong-arm robbery, etc., the face sheet plus any lists and descriptions
of stolen property or injuries sustained by the victim may be released.
Traffic Accident
Reports
Copies of the entire
report may be released unless the report indicates "Hit and Run"
or "Fatal". In those cases, the report will only be released
after approval of the Traffic Section or after 90 days has elapsed.
Lost of Found
Property Reports
Copies of incident
reports classified as "Lost Property" or "Found Property"
may be released.
Driving Under
the Influence Reports DUI
DUI reports shall
be released to the subject of the report or their authorized agent,
minus any Department of Motor Vehicle Forms.
The following
is not normally released:
-Reports not listed above
-Investigative supplements
-Photographs of arrested persons, witnesses or suspects
-Reports of booked property or evidence
-Crime scene photographs
If
you have any questions about the release of information please call
916-433-0620