Obtaining a police report

[jnkasper]

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

My 17 year old son was involved in a minor altercation at school. Do I not have a right to a copy of the police report? To my knowledge, no citations were issued to either party (I know none was issued to my son).

Thanks!

 

[Zigner]

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

My 17 year old son was involved in a minor altercation at school. Do I not have a right to a copy of the police report? To my knowledge, no citations were issued to either party (I know none was issued to my son).

Thanks!

What did the police say when you called and asked?

 

[jnkasper]

I was told that I would have to come in and speak to the Chief, who is the only one authorized to "make the decision" whether or not to release the report. I am not assuming that he will not, I am just wanting to be prepared, in case he refuses. I simply do not want to make a fool of myself by demanding the report, should it come to that. My son is obviously a minor, and it has always been my belief that, as his father, I am entitled to this sort of documentation; particularly when the officer on scene, and the school, seriously censored their "disclosure" of the evidence, citing all sorts of "privacy laws."

 

[Isis1]

I was told that I would have to come in and speak to the Chief, who is the only one authorized to "make the decision" whether or not to release the report. I am not assuming that he will not, I am just wanting to be prepared, in case he refuses. I simply do not want to make a fool of myself by demanding the report, should it come to that. My son is obviously a minor, and it has always been my belief that, as his father, I am entitled to this sort of documentation; particularly when the officer on scene, and the school, seriously censored their "disclosure" of the evidence, citing all sorts of "privacy laws."

if the report isn't available to the public yet, then they are not required to release it yet. you aren't "owed" that documentation any sooner then that.

 

[CdwJava]

Police reports are often deemed as investigative files and are almost exclusively exempted from release pursuant to most states' public records laws. If they have "closed" the case, it becomes less likely that they can withhold it, but unless you are willing to pay an attorney to get a copy of the report, they may not release it even if the matter IS closed.

What the Chief may do is provide you with the highlights of the incident - verbally - and leave the names of any other involved minors out of it. You are not likely to obtain a written (but likely redacted) copy, but you lose nothing by asking.

 

[justalayman]

read this:

openrecords.state.pa.us/portal/server.*****2009-0073_gilliland-psp_pdf

I guess that is not a good method to get you there. Go here:

http://www.google.com/search?hl=en&safe=off&q=pennsylvania+police+reports+public+record&start=10&sa=N

page 2 of the search most of the way down. A PDF file titled: issued 2/23/2009 -State Police Incident Reports

I only quickly read the file but it appears even the appropriate statutes are cited that should get you what you seek.


and this should provide you with any additional information needed:

Open Records

at that site, there is also a link to the PA Right to Know law.

and an excerpt from the section titled: Citizen's Guide

The most significant change to the Right-To-Know Law is that all records are presumed to be public records unless disclosure is barred by: 1) state or federal law or regulation, or judicial order; or 2), privilege, e.g., attorney-client, doctor-patient, or 3) one of the exceptions in Section 708 of the Right-to-Know Law.

The burden is now 100 percent on the Agency to establish why the record is not available.

 

[CdwJava]

Of course, the argument remains that this is an investigative file and not subject to disclosure. If the matter is closed and no longer considered an active case, then the argument against release becomes weaker. I also suspect that the release of information involving any minors would have to be redacted.

The question then becomes whether or not it is worth the expense of an attorney to try and pry a report out of the hands of the police. If his son is or will be charged with a crime, the report will be available via discovery. If he is not charged with a crime, it could be that the matter is still under investigation or it went nowhere. He also should be concerned that if the name of the victim or any witnesses IS released, and any harm or retaliatory conduct should befall them, then he and any family members could be subject to criminal charges themselves.

 

[justalayman]

well, the process for filing for the release of a document is quite simple and the agency is required to reply within 5 days with either the release of the document, a reason for not releasing the document, or a statement they are investigating the release of the document which allows them a 30 day extension to do either of the first 2 options.


Then, there is also an appeals process if the document is denied.


So, the simplest thing to do would be to file for a release and see what happens.

to go through this action, an attorney would surely not be required.

.

He also should be concerned that if the name of the victim or any witnesses IS released, and any harm or retaliatory conduct should befall them, then he and any family members could be subject to criminal charges themselves.

The authorities do have a right to redact some information. I suspect the name(s) of any witnesses would be treated so in a release via this method, especially if they are minors.

Other than that, if the OP does something with some info that would cause such retaliatory action, then it is on them and hopefully they would be held to answer for it.

 

[CdwJava]

The law is almost identical out here except for the time we have to respond with the reason for a refusal. Law enforcement agencies out here frequently decline to give up crime reports, closed or not, and declare them to be an "investigative file." It often takes a court order to obtain the release of the info. Part of the reasoning here is that it also absolves the agency of liability if any negative actions result due to the release of the info. Kinda hard to sue the police department if a victim is threatened or killed when a court has ordered the agency to release the report unredacted.