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June 13, 2024

Are Police Reports Public Record?

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

In today’s society, concerns about police transparency and accountability have become increasingly prevalent. One question that often arises is: are police reports public record? 

This seemingly straightforward question, unfortunately, does not have a simple answer. While police reports are generally considered public records, there are numerous exceptions and complexities that come into play. Factors such as ongoing investigations, privacy concerns, and sensitive information can all impact the availability and accessibility of police reports. 

If you or a loved one are in need of assistance obtaining a police report or seeking justice for police misconduct, don’t hesitate to reach out to the experienced attorneys at Pointer and Buelna, LLP. Our team is committed to protecting your rights and ensuring that you have access to the information you need.

What do local police records contain?

Local police records typically contain a variety of information, including incident reports, arrest reports, and 911 call transcripts. These records document interactions between law enforcement officers and members of the public and can provide valuable information in various situations. Access to these records can be important for individuals involved in an incident, witnesses, or those seeking to hold law enforcement accountable.

What Are Considered Public Records Under the California Public Records Act (CPRA)?

Under the California Public Records Act (CPRA), public records include any form of writing related to public business conduct and is prepared, owned, used, or retained by any state or local agency. This broad definition encompasses documents, emails, audio recordings, videos, and other digital files—regardless of format. California Government Code Section 6252 states these records must be publicly accessible unless a specific exemption applies. For victims of police brutality in California, this right is vital. Accessing public records like internal investigation reports, use-of-force documents, or body camera footage can be the key to proving misconduct and establishing patterns of abuse. Such transparency strengthens accountability and supports efforts toward justice and systemic reform. Knowing what qualifies as a public record empowers individuals to demand the truth and seek meaningful recourse.

What Types of Police Records Are Available to the Public?

Several categories of police records are legally available to the public under California law, especially following the enactment of Senate Bill 1421 and Assembly Bill 748. These laws expanded public access to records involving serious misconduct and use-of-force incidents.

According to the ACLU of Southern California, the following records are generally available:

• Records of police shootings or incidents involving the use of force resulting in death or serious injury
• Records involving sustained findings of misconduct include sexual assault committed by a law enforcement officer, falsification or misrepresentation in official reports, investigations, or testimony, and the intentional planting or fabrication of evidence.
• Body camera and dashcam footage in critical incidents
• Complaints that lead to formal discipline or sustained findings

These records are especially relevant to victims of police brutality and may serve as evidence of patterns of abuse or misconduct by law enforcement.

What Types of Police Records Are Exempt from Public Disclosure?

Not all police records are available to the public. California Government Code Section 6254 outlines several exemptions under the CPRA. These exemptions aim to protect privacy, the integrity of ongoing investigations, and officer safety.

Exempt records may include:

• Ongoing investigation reports
• Juvenile records
• Intelligence or security records
• Personnel files not related to sustained misconduct
• Records that would disclose confidential sources or endanger witnesses

Even in cases of police brutality, some records may be withheld if disclosure would jeopardize a criminal investigation or court proceedings. Agencies often cite Section 6254(f) to justify these denials.

Is the criminal record of a police officer public in California?

The criminal record of a police officer is generally considered a public record in California. This means that information regarding past convictions, arrests, or other criminal offenses committed by an officer should be accessible to the public. However, it is essential to follow the proper procedures and request the records through the appropriate channels to ensure compliance with the law. Never hesitate to seek help from our police misconduct attorneys.

Is a disciplinary record of a police officer public record?

Disciplinary records of police officers in California are typically considered public records. These records document any disciplinary actions taken against an officer, such as suspensions, terminations, or reprimands. Access to these records can be crucial in identifying patterns of behavior or misconduct within law enforcement agencies.

How to Request Police Records in California

To obtain police records in California, you must submit a written request under the CPRA to the agency holding the records. The request doesn’t need to be formal but should be specific enough to identify the records sought.

Steps to follow:

1. Identify the law enforcement agency involved (e.g., LAPD, CHP, Sheriff’s Office)
2. Your CPRA request should include your name, contact information, and a clear description of the records you’re seeking. Mention the type of report, incident date, involved officers, and location, if possible.
3. If available, submit the request via email, mail, or the agency’s CPRA portal.

Keep a copy of the request for your records. Agencies are required to respond within a specified timeframe.

How Much Does It Cost to Request Police Records?

In most cases, requesting police records under the CPRA is free, but agencies may charge for duplication or data extraction.

Fees may include:

• Copying or printing costs
• Electronic data compilation if a record needs to be created or redacted extensively

However, you cannot be charged simply for viewing a public record. If you believe the fees are excessive or being used to discourage access, you may challenge them legally.

How Long Does It Take to Get a Response?

California law requires agencies to respond to CPRA requests within 10 calendar days, with a possible 14-day extension under specific circumstances. During this time, the agency must notify you whether it will provide the records, deny access with a legal justification, or request clarification if your submission is unclear. You should expect one of the following: a confirmation that the records will be disclosed; a notice outlining the applicable exemption; or a request for more details. If the agency fails to respond within the legal timeframe, it may violate the CPRA. In that case, you may pursue options such as filing an administrative appeal, contacting legal counsel, or initiating court proceedings. These steps are especially important in cases of police brutality, where delays in accessing public records may hinder efforts to establish misconduct and pursue justice.

What Can You Do If Your Request Is Denied?

If a police department denies access to records, you have several options for recourse.

Here’s what you can do:

• Submit a follow-up CPRA request that is more targeted and precise. Adjusting your language to clarify dates, document types, or involved parties can increase the likelihood of accessing the records.
• File an administrative appeal with the agency if they offer such a process. This can provide an opportunity for internal review and correction without escalating to litigation.
• Seek legal assistance from civil rights attorneys like Pointer and Buelna, LLP – Lawyers For The People, who specialize in advocating for victims of police brutality and navigating complex public records laws.
• File a lawsuit in California Superior Court under the CPRA. Legal action may be necessary when agencies unlawfully deny access to records crucial to police accountability or civil rights cases.

In police brutality cases, denied access to key records can stall justice—prompt legal action can make the difference. Our firm has experience holding agencies accountable for unlawful withholding of public information.

Records can help prove police misconduct

Access to police records can play a vital role in establishing and proving instances of police misconduct. Whether it’s excessive use of force, racial profiling, or other forms of misconduct, having access to police records can provide valuable evidence to support allegations. If you believe you have been a victim of police misconduct, it is important to consult with a skilled attorney who handles police misconduct cases.

Contact a California police misconduct lawyer today

If you or a loved one is seeking assistance obtaining police records or pursuing a police misconduct case, contact the experienced attorneys at Pointer and Buelna, LLP: Lawyers For The People. Our team of dedicated police brutality lawyers is here to protect your rights and fight for justice.

Call us today at (510) 929-5400 or contact us online to schedule a consultation. We are ready to listen and help you every step of the way. We are available 24/7.