Obtaining Copy of Written Police Report

[foreverprecious]

What is the name of your state? California



This is regarding a Criminal Case. I'm trying to find out if I have the right to request a copy of the hand written police report (not the typed report done by the typist) or since it involves a criminal case does the request have to go through the District Attorney? I read the Government Code 6250 and I think I understand it to say: I do have the right, but each law enforcement agency has the right to make there own procedures. So they can tell me I have to go through the District Attorney.

Thank you for your help

 

[racer72]

Police reports are not subject to the Freedom of Information Act. The only way for you to obtain any information prior to the trial is to be the defendant or a representing attorney. You would go the to court with a written request for discovery and obtain a subpeona. You then serve the subpoena to the correct party then they have two options. Provide the requested information to you or go the the issuing court and have the subpoena quashed. If the written report is not going to be used as evidence in the trial, they will use option #2. The DA's office might provide what you want if you have a vested interest in the case, if you don't they will tell you get lost.

 

[seniorjudge]

What is the name of your state? California



This is regarding a Criminal Case. I'm trying to find out if I have the right to request a copy of the hand written police report (not the typed report done by the typist) or since it involves a criminal case does the request have to go through the District Attorney? I read the Government Code 6250 and I think I understand it to say: I do have the right, but each law enforcement agency has the right to make there own procedures. So they can tell me I have to go through the District Attorney.

Thank you for your help

If you are the defendant, then you can file a motion for all discoverable parts of the prosecutor's file (which will have reports and stuff in it) after you plead not guilty and have your trial set.

(These are general rules; your jurisdiction may have different slants on the rules.)

 

[CdwJava]

This is regarding a Criminal Case. I'm trying to find out if I have the right to request a copy of the hand written police report (not the typed report done by the typist) or since it involves a criminal case does the request have to go through the District Attorney? I read the Government Code 6250 and I think I understand it to say: I do have the right, but each law enforcement agency has the right to make there own procedures. So they can tell me I have to go through the District Attorney.

Actually, you need to read Government Code section 6254(f) in particular.

We are not required to release police reports to the defendant or other private parties. We may release it to your attorney of record - usually as part of Discovery or when an attorney is assigned. But even the attorney is not completely free to reveal ALL the information in the report - som of it might have to be redacted (particulary contact info for some or all the witnesses/victims).

- Carl

 

[foreverprecious]

Calif:

The District Attorney has already provided a typed copy of the Police Report in the paper work that was given to the Defendants Attorney at the prelim. Per the Visalia Police Department Policy Manual a written report must be prepared, stating the purpose of the report is to document sufficient information for follow up investigation and successful prosecution.

So is there a chance the District Attorney has the copy of the written report and didn't give it to the Defendants Attorney? If that’s not the case and the DA doesn't have the hand written report, would the Defendants attorney still go through the Court and the DA or would be go through the Police Department? Also the confirmation for Jury Trial is 01-10-06 is it to late to request this?

Thank You

 

[CdwJava]

If it was not provided to the defense attorney then it can still be obtained via Discovery. I have worked in three counties and in each one the defense attorney automatically receives a copy of the police report early on.

The attorney should know how to get one for himself. As i said, he is not able to just hand it off to the defendant.

- Carl