Obtaining copy of Police Report

[avecmoi104]

California:

Do I need to hire a lawyer to submitt a supoena to obtain a copy of a police report that I have been named as a suspect? I requested a copy and was told that I need a supoena.

I do not know why I was named as a suspect and I do not know what happened. I do know that it was filed by my ex-husband. It has been 15 months since the report was taken and 13 months since I was contacted by the police. They requested I come to their sub-station for an interview, I agreed, but on the day of the interview when I got there the sub-station was closed for Columbus day. I called and left a message that day stating I came and the designated time and day and then I called two other times and left messages, for the police officer, on two other days of that same week. I have never been contacted by anyone since then.

I would like to know what it is I was to suppose to have done but was told no information could be released. I asked if I was still a suspect and the person I spoke with in records said it looks as if the case was closed.

I would like to obtain a copy of the report but would like to do it as inexpensively as possible.

[seniorjudge]

Originally Posted by avecmoi104

California

Quelle horreur!

[CdwJava]

Originally Posted by avecmoi104

Do I need to hire a lawyer to submitt a supoena to obtain a copy of a police report that I have been named as a suspect? I requested a copy and was told that I need a supoena.

The CA Government Code permits law enforcement from releasing police reports under a great number of circumstances. Releasing it to a suspect is one of them.

I would like to obtain a copy of the report but would like to do it as inexpensively as possible.

If they won't agree to give it to you, then you will have to hire an attorney to obtain it.

Government Code 6254(f) defines those records exempt from disclosure:

(f) Records of complaints to, or investigations conducted by, or
records of intelligence information or security procedures of, the
office of the Attorney General and the Department of Justice, and any
state or local police agency, or any investigatory or security files
compiled by any other state or local police agency, or any
investigatory or security files compiled by any other state or local
agency for correctional, law enforcement, or licensing purposes,
except that state and local law enforcement agencies shall disclose
the names and addresses of persons involved in, or witnesses other
than confidential informants to, the incident, the description of any
property involved, the date, time, and location of the incident, all
diagrams, statements of the parties involved in the incident, the
statements of all witnesses, other than confidential informants, to
the victims of an incident, or an authorized representative thereof,
an insurance carrier against which a claim has been or might be made,
and any person suffering bodily injury or property damage or loss,
as the result of the incident caused by arson, burglary, fire,
explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or
a crime as defined by subdivision (b) of Section 13951, unless the
disclosure would endanger the safety of a witness or other person
involved in the investigation, or unless disclosure would endanger
the successful completion of the investigation or a related
investigation. However, nothing in this division shall require the
disclosure of that portion of those investigative files that reflect
the analysis or conclusions of the investigating officer.

Have you thought to talk to the investigating officer or a detective to see whether they are willing to go over it with you?

And why do you care at this point? Apparently it didn't go anywhere, wo what's the point?

- Carl

[seniorjudge]

I admire you, Carl.

I didn't see question one in there!

[CdwJava]

Originally Posted by seniorjudge

I admire you, Carl.

I didn't see question one in there!

I implied that OP was wanting to know an easier way to get the report ... and likely why they couldn't get one without jumping through hoops.

It's a gift.

- Carl

[avecmoi104]

Thank you Carl for the information. As for wanting a copy of the report I would think a vast majority of people would want to know what they've been accused of doing, especially if someone has gone so far and to file a police report. I live 67 miles from my ex and I have not seen or heard from him in 4 yrs which is the way I like it. Since I have attempted three times to contact the investigating Officer and they would not return my call I thought this to be next best step.

[CdwJava]

Originally Posted by avecmoi104

Thank you Carl for the information. As for wanting a copy of the report I would think a vast majority of people would want to know what they've been accused of doing, especially if someone has gone so far and to file a police report. I live 67 miles from my ex and I have not seen or heard from him in 4 yrs which is the way I like it. Since I have attempted three times to contact the investigating Officer and they would not return my call I thought this to be next best step.

Unfortunately for you, it sounds like they are not going to volunteer the report. That means that your only hope might be through an attorney ... and even that is not a guarantee. Until the statute of limitations for the offense runs out, they can likely hold it out as "active" for up to three years (provided a felony was alleged or can be articulated - even if not sufficiently proven).

Let's say you DO gather together $2,000 or so for an attorney to force a copy of the report out of the department's hands. What then? If he accuses you of something you didn't do, what would you do? You likely can't sue him or ask for a criminal offense be filed unless you can PROVE that he knowingly and intentionally made up the allegations against you. And this is a very hard thing to do.

My recommendation would not to lose sleep over it and think positively that the police saw it for what you probably believe it was - a vain attempt to dink around with you and get you in trouble.

Good luck.

- Carl

[avecmoi104]

Carl, Since you put it that way I guess I will give up my attempt to obtain the report. I am not going to waste time, effort, and money even though I'm still curious, especially since it's not going to do me any good.

[CdwJava]

Originally Posted by avecmoi104

Carl, Since you put it that way I guess I will give up my attempt to obtain the report. I am not going to waste time, effort, and money even though I'm still curious, especially since it's not going to do me any good.

The law generally does not look at "curiosity" as a compelling reason to turn over documents. Although an attorney might be able to make an argument that a closed case is no longer subject to being concealed ... but, again, it would cost money.

Good luck.

- Carl

[seniorjudge]

Originally Posted by CdwJava

The law generally does not look at "curiosity" as a compelling reason to turn over documents. Although an attorney might be able to make an argument that a closed case is no longer subject to being concealed ... but, again, it would cost money.

Good luck.

- Carl

I am amazed by the number of people who raise a stink when they do NOT get arrested. This is a quirk of human nature that I have never been able to understand.

If I moved to a different state, I can guarantee you that the cops wouldn't ever know I existed1