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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 04-13-2006, 03:08 PM
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I need the copy by tomorrow please help !!


What is the name of your state? flroida
I would like to know if local law enforcement go ot on a call to investigate a call, do they not have to write up some type of report as to the nature of the call and what they determined once they responded to this call.
I do believe it is called an "incident report" with what his/her findings was and why noone was arrested.At least a report thorough that sheriffs office stating the day and the time that the call came in ?!
Is the person that made that call legally able to obtaine a copy of this report in Florida.I know in the county I live in it is called a "incident report" and I have a lady there that has always been so nice to make me and a copy of such.But, now I am dealing with a different county and this Sheriff is gun ho and he might tell me different I just need to find out how I can obtaine this report?? the legal way who should I contact and where I can print out something that states what i am needing and it is public record for me/ or a parent to obtaine.What is the name of your state?
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Old 04-13-2006, 06:41 PM
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Good question...


try contacting the local precinct/station where you made the complaint. They usually forward those to a state central repository. Not sure if the complainant can obtain them or not.

There is something known as a criminal complaint which summarizes the events and allegations that led up to an arrest(but is not a police arrest report per se). This complaint lists the complainants name and what they were complaining about to the police. This is public record in the defendant's court file when the defendant was convicted via finding of guilt or guilty plea. However if the defendant was not convicted, the file is sealed.

But it doesn't sound like this is what you are referring to.
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Old 04-13-2006, 07:14 PM
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You can get copies of (almost) any documentation from any agency by filing a subpoena duces tecum with the court. The only problem is, there must be an attendent Legal proceeding. Without a lawsuit or criminal proceeding, you don't get the subpoena.
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Old 04-13-2006, 07:22 PM
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Quote:
Originally Posted by jody_angelina
I would like to know if local law enforcement go ot on a call to investigate a call, do they not have to write up some type of report as to the nature of the call and what they determined once they responded to this call.
This depends on agency policy and the nature of the call. Some calls generate little more than a notation in Dispatch or on the officer's log, and others receive a written report. In larger agencies, calls that are not reports of crimes or significant events are likely to result in a short entry by the Dispatcher or on the officer's activity log - where I have worked this could be as short as a three letter disposition code, or several short sentences.

Quote:
I do believe it is called an "incident report" with what his/her findings was and why noone was arrested.At least a report thorough that sheriffs office stating the day and the time that the call came in ?!
If an officer was dispatched there would be at least a record of that. But the fact an officer went somewhere proves nothing aside from the fact that an officer was dispatched.

Quote:
Is the person that made that call legally able to obtaine a copy of this report in Florida.
It depends on the nature of the report.

Flordia statute 119.105:

119.105 Protection of victims of crimes or accidents.--Police reports are public records except as otherwise made exempt or confidential. Every person is allowed to examine nonexempt or nonconfidential police reports. A person who comes into possession of exempt or confidential information contained in police reports may not use that information for any commercial solicitation of the victims or relatives of the victims of the reported crimes or accidents and may not knowingly disclose such information to any third party for the purpose of such solicitation during the period of time that information remains exempt or confidential. This section does not prohibit the publication of such information to the general public by any news media legally entitled to possess that information or the use of such information for any other data collection or analysis purposes by those entitled to possess that information.

And [URL="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0119/SEC071.HTM&Title=->2005->Ch0119->Section%20071#0119.071"]119.071[/URL] outlines a lot of exemptions - including agency investigations and specific crimes.

Depending on who you talk to, you may not be able to get an interpretation you like.

If you are prevented from accessing the report, ask the clerk (politely) if they can advise you of the statute or authority with which they are denying you access. You may also ask to speak to their supervisor. But, depending on the nature of the report, you may not be lawfully entitled to a copy of it.

What is it you need that is within the report, anyway? The report proves nothing ... so if you are trying to use it to show someone else's bad behavior, that ain't gonna fly very far.

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