Ex-cop overstepping Ethical boundaries, but Legal/Criminal, as well?

[Law2015]

What is the name of your state (only U.S. law)? New York

I live in New York City.
Some background: My ex-wife is dating an Ex-cop, and we share custody of our 7-year old son.

A few months back, a tragic incident occurred when my girlfriend passed away in her sleep right next to me in her apartment.

My ex's boyfriend is very nice, but likes to play the hero and snoop on everyone, and he offered to get and check out the Police Report, but I and my family told him to stay out of it, and to let me heal without hashing over and replaying the worst day of my life, when I lost my soulmate.

He gave us his word, however, he still made calls and got a copy of the report, regardless of what we asked of him.

Is he legally allowed to do that? Isn't that prying?
He's not a cop anymore and is not married to my ex.
He had a backup story ready and said my ex was really concerned and it was also for the safety of my son. MY son.

Can't he lose his pension and be brought up on charges for this?

Thanks !

 

[Ohiogal]

Police reports are public record. Anyone can get a copy of them.

 

[Law2015]

Police reports are public record. Anyone can get a copy of them.

You don't have to state why you are requesting it nor your relation to the party/parties?

 

[Proserpina]

You don't have to state why you are requesting it nor your relation to the party/parties?

A lot of information is available online at no cost (but that depends entirely on whether or not your local PD provides online access).

Some information is not available to the public though, and information contained in an open case might also be unavailable. YMMV.

 

[Ohiogal]

You don't have to state why you are requesting it nor your relation to the party/parties?

NOPE. FOIA applies.

 

[CdwJava]

Not all reports are available to the general public. Whether this one is available or not will depend on applicable state law and the status of the case (open investigation, etc.).

If he accessed the report in a manner that was not available to the general public, he may very well have broken the law. Or, someone at the police department may have done so in order to provide it to him.

What is your ultimate goal here? If it is to get him in trouble, you can bring whatever proof you have to the appropriate law enforcement agency and report it there. If it merely curiosity, than you are left with the open question whether any laws were broken by the ex-cop or someone else to obtain it.

 

[quincy]

Law2015, here is a link to New York's Freedom of Information Law (FOIL), which supports what the others have said:

http://www.dos.ny.gov/coog/foil2.html

Exceptions to access to public records are covered under FOIL's Section 87 (which include privacy exceptions, ongoing investigation exceptions), and the law provides that no reason need be given for the request of a record. Some information might be redacted from the records provided (e.g., minors names).

It sounds to me that concern was the motivating factor behind the former officer's request, whether the concern was for your son, for your ex-wife or for you.

I am sorry about the loss of your girlfriend.

 

[HighwayMan]

Even if there was some wrongdoing involved he would most likely not lose his pension.

You said "Ex-cop". Is he retired or just separated from the police department? If a pension is involved I'd guess retired.

As Carl mentioned, whether the report would be available would depend on the status of the case. As he asked, what is your goal here? There are a few options open to you. While the ex-cop might not get into trouble, one or more officers working in the precinct of occurrence could be disciplined.

You can start by making an appointment to speak with the precinct Integrity Control Officer, a lieutenant, and explain the situation to him/her. That would get the investigation started.