Simple Question about talking to Police on Scene and what they can tell the public!

[NLB 90805]

What is the name of your state (only U.S. law)? California Kern County

The other day I showed-up for work and there were a good 5 or 6 cop cars outside on the corner.

I was looking for one of my Coworkers but he had been arrested for trying to give advice to someone about keep their mouth shut and don't talk to the police until a lawyer is present. But unfortunately for my friend he talked his way into being arrested on misdemeanor Obstruction of Justice charges and Cursing in Public - which brings up free speech issue's but that isn't what this post is about.

I just wanted to simply find out what my friend was being charged for as their were still a good number of police officer's around. I simply asked one of the officers "What is this individual being charged with" and he told me that that information was CONFIDENTIAL and that I would have to ask him or find out another way.

Now is this true or did the Police Officer Straight-Out Lie to me about the situation? I mean I've seen on TV where News Media is present and the Police will tell the News Anchors what is happening and who is being charged with what. Besides, isn't Arrest records and who is being held in jail Public Record anyway?

As for the officer telling me that what I was asking him Confidential is there some California Code that I can Refer too and Cite Later on if this ever arises again? The funny thing is I use to work for C.E.B. in Oakland for about Two years as a Desktop/Helpdesk Tech. If I still worked there I wouldn't be posting this question here!

Thank you for your time, everything is appreciated.

Tim from North Long Beach

 

[FlyingRon]

The police are not obliged to provide information about ongoing activity at the scene. He can say it's confidential if he likes, but the truth of the matter, is he's not obliged to divulge it.
If you submit a proper request depending on the information you want, you may or may not get it (though charges typically are public).

 

[PaulMass]

Now is this true or did the Police Officer Straight-Out Lie to me about the situation?

He straight-out lied to you.

 

[Zigner]

The officer likely said this to stem any arguments from belligerent bystanders.

 

[HighwayMan]

The police are under no obligation to divulge ANY information about what's happening. If you decide to be a pain in the you-know-what and push the issue, you'll likely be arrested yourself.

 

[Just Blue]

He straight-out lied to you.

And that doesn't matter. OP has no LEGAL right to know jack squat.

Geesh...Paul and OP would know this if they watch one or two Law and Orders..

 

[PaulMass]

And that doesn't matter. OP has no LEGAL right to know jack squat.

Interesting. I correctly stated that the information is NOT confidential, and you decided to "correct" me with a blanket statement that would imply that the public has no right to know what the police are doing.

Geesh...Paul and OP would know this if they watch one or two Law and Orders..

Maybe you should find a better source for your legal information.

 

[FlyingRon]

If the the officer is not obliged to give the information and chooses not too, calling it "confidential" is not incorrect. Outside certain US government security spaces "CONFIDENTIAL" really doesn't have a defined meaning other than "intended to be kept secret."

As stated, if you really have need to know, you can make a Public Records Act request which will either provide the information or give you a reason why not other than just saying "confidential."

Understand that certain police records, are SPECIFICALLY exempt by statue. Section 11075 through 11112 of the Penal Code covers this (especially the first few sections listed). It's pretty clear that the officer not only was within his discretion to refuse you, he's pretty much obliged to do so by the PC and department rules.

 

[CdwJava]

The officer at the scene is under no legal obligation to provide you with any information at all. Later, you are free to ask (by calling the public information officer or someone in charge) about the arrest and under GC 6254(f) the police would have to provide the name and age of the suspect, where he lived, and what charges he faces. But, at the scene? No.

 

[PaulMass]

Looks like the JBTs are circling their wagons.....

 

[Just Blue]

Looks like the JBTs are circling their wagons.....

You are so rude.

 

[PaulMass]

You are so rude.

Says the Judge Judy wannabe

 

[Just Blue]

Says the Judge Judy wannabe

Wow. That hurt.

 

[FlyingRon]

With that attitude I can see why anybody with any discretion wouldn't want to deal with you. I'm not affiliated with law enforcement, just told you what the law was. I'm sorry it's not what you wanted to hear. But there's no need to insult the messenger.

 

[Ladyback1]

He straight-out lied to you.

Unless of course, the police were working off of a sealed warrant.
But, hey, you go on believing what you want to believe.

While it is important that there be a lot of transparency with law enforcement/government operations, sometimes....the need for public safety means that some information can't be released until the appropriate time! Standing around, at the scene, is usually not the appropriate time for the police to release that information.

Frankly, if one of my friends were to get arrested (and it could happen--some of my friends have very colorful pasts), I'd not be butting into police business other than to ask which jail/precinct they were being taken to. It's none of my business to know right then and there what they are being arrested for. It's just not!

Now, play nice and share your toys...or take your toys and leave the sandbox!