Problems Getting Police Report

[Car Theft Victim]

My car was stolen and I reported the theft to the police. About a week after the theft the car was involved in a police chase. The police told me nothing about this. I learned about it from a friend who told me information about my car was posted to a facebook group that monitors the local police radio frequencies.

The police had to give up the chase because the thief was running red lights. One of the thieves jumped out of the car and they captured him but let him go. He gave up the name of the thief driving the car who has a history with the local police.

Regarding the chase, an incident report is on file. I spoke with a police officer before requesting the report. He said they know who the thief is but wouldn't tell me. He also said I could get the report but it might be redacted.

The next day I went to the police station to get the report but the clerk there told me it would be mostly worthless as they would redact nearly everything, including the names of the thieves. The clerk told me if I wanted the report unredacted I would have to sue the police.

Can that be correct? It’s my car. Don’t I have the right to know who is riding in it and who is driving it? I can’t believe I would have to spend thousands of dollars on a lawsuit to find out something I should have every right to know.

I don’t know what to do next and would greatly appreciate any information on how I should go about trying to get the report. This occurred in California. Thank you.

 

[Zigner]

You know exactly how to get the report. That's what you start with.

 

[quincy]

Read through these links, the second to an FOIA sample request letter.

https://www.nfoic.org/california-foia-laws/

https://www.nfoic.org/california-sample-foia-request/

The information you were provided on redactions is correct. If there is an active case, you will find that much of what is turned over to you will have names redacted.

 

[Car Theft Victim]

Read through these links, the second to an FOIA sample request letter.

https://www.nfoic.org/california-foia-laws/

https://www.nfoic.org/california-sample-foia-request/

The information you were provided on redactions is correct. If there is an active case, you will find that much of what is turned over to you will have names redacted.

Thanks for the info. My understanding is that there is no active case right now but I am trying to verify that.

 

[quincy]

Thanks for the info. My understanding is that there is no active case right now but I am trying to verify that.

Finding out the status of the investigation/case is a good first step to take. Good luck.

 

[zddoodah]

Just to clarify, you're talking about getting the police report relating to the car chase. Right? You already have a copy of the report that you made concerning the theft. Right?

Can that be correct?

Yes.

It’s my car. Don’t I have the right to know who is riding in it and who is driving it?

No. Of what possible use might that be to you? Sure, once your insurance claim is paid, you'll still be out your comprehensive deductible and could, in theory, sue the thief in small claims court. However, I think you know as well as I that you would have virtually zero chance of ever collecting on a judgment.

I don’t know what to do next

Wait for your insurer to send you a check for the car's value (less your deductible). What is the status of your insurance claim?

 

[Zigner]

Just to clarify, you're talking about getting the police report relating to the car chase. Right? You already have a copy of the report that you made concerning the theft. Right?



Yes.



No. Of what possible use might that be to you? Sure, once your insurance claim is paid, you'll still be out your comprehensive deductible and could, in theory, sue the thief in small claims court. However, I think you know as well as I that you would have virtually zero chance of ever collecting on a judgment.



Wait for your insurer to send you a check for the car's value (less your deductible). What is the status of your insurance claim?

One thing I would like to add is that the OP can request that restitution be ordered if the guy is caught, charged and convicted. It's not unreasonable to keep track of this, although I suspect that, at this early stage, the OP wasn't really thinking of that aspect.

 

[quincy]

The reason to want the identity of the thief is for a civil action that Car Theft Victim might want to pursue later.

 

[Zigner]

The reason to want the identity of the thief is for a civil action that Car Theft Victim might want to pursue later.

Yes, but at this point, there is no "identity of the thief", which is why all that is available is a redacted report. Additionally, an order for restitution is more effective in this type of situation than a civil judgment (although, I don't believe they are mutually exclusive).

 

[quincy]

Yes, but at this point, there is no "identity of the thief", which is why all that is available is a redacted report. Additionally, an order for restitution is more effective in this type of situation than a civil judgment (although, I don't believe they are mutually exclusive).

Right. Because of the (possible) redaction of names, getting a copy of the police report will not be all that helpful right now.