Legal Question in Criminal Law in California

My friends minor child (age 6) was the alleged victim of sexual abuse by her father (the parents do not live together and the father is the custodial parent). The police (a CA. law enforcement agency) said the matter was unfound and has closed the case. My friend (the mom of the child) now wants a copy of the police report. The police refuse to give her a copy. By law, can she obtain it? Is there any statutory right to deny her a copy?

Asked on 6/08/11, 3:41 pm

Edward Hoffman Law Offices of Edward A. Hoffman

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Your friend is not entitled to a copy of the report. Police reports are generally not public records unless and until they are used in court.

Answered on 6/09/11, 9:12 am

Terry A. Nelson Nelson & Lawless

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Yes, they can and must deny copies. She would have to file a lawsuit against the perp and try to subpoena it.

Answered on 6/09/11, 11:17 am

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