Can the police post false reports online?

[c71]

I was recently a victim of a false police report filed against me. The person claimed I assaulted them at my residence. The police showed up at my house banging on all the doors and windows at 3am after the person dialed 911 from a location that was not my residence (I knew the person personally). The police questioned me for over 2 hours and I kept denying that I assaulted this person. I kept talking to them because I felt scared and intimidated and felt that if I refused to answer questions, they would arrest me. The case was closed after a month when the detective found ZERO evidence of this crime.

The police dept posts crime reports on a third party website through a link the dept has on their own website. On that website, they had my house listed on there and they posted an assault occurred at my residence. The website said that they receive their information from law enforcement agencies. I called the police dept and they said they cannot remove it because they do not post reports on that site and crime reports are public record. Someone was not telling the truth about who submits that information. But there was no conviction, charge nor arrest for this crime. It was a false accusation with red flags all over the place. I feel that it should have been removed because no crime took place and the post online was misleading to the public. There was no disclaimer saying that these reports might not have resulted in arrest, charge, conviction etc. I feel the police violated the presumption of innocence by posting the crime online. Would you agree?

 

[quincy]

I was recently a victim of a false police report filed against me. The person claimed I assaulted them at my residence. The police showed up at my house banging on all the doors and windows at 3am after the person dialed 911 from a location that was not my residence (I knew the person personally). The police questioned me for over 2 hours and I kept denying that I assaulted this person. I kept talking to them because I felt scared and intimidated and felt that if I refused to answer questions, they would arrest me. The case was closed after a month when the detective found ZERO evidence of this crime.

The police dept posts crime reports on a third party website through a link the dept has on their own website. On that website, they had my house listed on there and they posted an assault occurred at my residence. The website said that they receive their information from law enforcement agencies. I called the police dept and they said they cannot remove it because they do not post reports on that site and crime reports are public record. Someone was not telling the truth about who submits that information. But there was no conviction, charge nor arrest for this crime. It was a false accusation with red flags all over the place. I feel that it should have been removed because no crime took place and the post online was misleading to the public. There was no disclaimer saying that these reports might not have resulted in arrest, charge, conviction etc. I feel the police violated the presumption of innocence by posting the crime online. Would you agree?

What is the name of your state, c71?

Crimes are often reported, in newspapers, on TV, and online. These reports can include reported disturbances, arrests and, in some states, the publication of mug shots - this whether any charges or convictions result from the arrests.

I agree with you that it is problematic. Some states are beginning to agree, as well, with new privacy laws aimed at preventing the disclosure of private facts (which, under some circumstances, can include names and addresses) and the publication of mug shots (which imply guilt even when no charges are filed).

The website that displays the information about you may remove it upon your request but, if it is like many websites that currently exist, they may also charge you for removal. I recommend you do not pay to have the information removed. Many of the data removal companies are owned by those who operate the sites.

If you choose to spend any money, it would probably be better spent on an attorney in your area, to review your legal options.

As a note, this topic has been discussed with some frequency on FreeAdvice. If I can locate some of the threads on this topic that has additional information and links you might find helpful, I will post back.

Again, the name of your state is important. All states handle privacy issues differently.

 

[c71]

My state is Florida. Crime reports are only posted on there for a specific amount of time. That time period has expired and it is no longer posted on there. But it is just the principle. I am just angry about that entire case. I had to hire an attorney because the detectives wanted to question me, meanwhile the police were aware this person was calling me constantly and showing up at my house and creating a potentially dangerous situation and they did nothing to make me feel safe. This stalking occurred during the investigation and after the case was closed, it got to a point where my only action was to get a restraining order which was granted.

 

[CdwJava]

The police cannot prohibit access to public records. You can always consult an attorney and see how much it might cost to sue the person who made a "false" report about you.

 

[quincy]

My state is Florida. Crime reports are only posted on there for a specific amount of time. That time period has expired and it is no longer posted on there. But it is just the principle. I am just angry about that entire case. I had to hire an attorney because the detectives wanted to question me, meanwhile the police were aware this person was calling me constantly and showing up at my house and creating a potentially dangerous situation and they did nothing to make me feel safe. This stalking occurred during the investigation and after the case was closed, it got to a point where my only action was to get a restraining order which was granted.

Thank you for providing your state name, c71.

Florida has been debating the issue of privacy in police reports for several years and, with the October 2015 publication of a 9-year-old's mug shot on an online mug shot website, discussion has increased about placing limits on what is available for the public to access through Florida's Sunshine Law (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119.html).

Laws have been proposed in the past in Florida but the proposals have run into First Amendment problems. In fact, most of the laws proposed throughout the country in an attempt to deal with arrest websites would be found unconstitutional if enacted.

A recent proposed law in Florida had an interesting plan to handle websites that publish arrest records and mug shots, suggesting a takedown notice not unlike the DMCA takedown notices available to copyright holders whose works have been infringed online. The law would allow for anyone whose arrest has resulted in an acquittal or dismissed charges or no conviction to file a notice with any website carrying the original arrest material and demand its removal (at no charge). Those websites that failed to comply with the request would be fined. The proposed law also included a "presumption of defamation of character" if the material was not removed upon notice, which was one of more than a few problematic parts of the proposal.

Because the laws are changing, though - or attempts are being made to change them - you might want to discuss the publication of the police material with a lawyer in your area.

Following are links to an informative look at the laws on privacy and, specifically, on Florida's Sunshine Law as it relates to internet publications, published by the Florida Law Review earlier this year (66 Fla.L.Rev. 913, 2015). The paper is titled "Extortion Through the Public Record: Has the Internet Made Florida's Sunshine Law Too Bright?" and was written by Michael Polatsek, University of Florida, Levin College of Law.

http://scholarship.law.ufl.edu/flr/vol66/iss2/8/
http://scholarship.law.ufl.edu/cgi/viewcontent.cgi?article=1192&context=flr

You were smart to seek out a restraining order to, with luck, prevent continued stalking and harassment. If the Order is violated, you can call the police and the person violating the order will be arrested. Then THAT PERSON'S arrest information will probably make its way to a site online, where the person will better understand the grief a police report can cause.

Good luck.