Legal Question in Criminal Law in California

Re: Information on Criminal Police Reports

Without charges being filed the policy is not to release any information to anyone on the report. There are several justifications for this. One of which is that the matter is subject to being re-investigated and charges filed later, and the police don't want to give away what they know.

Another reason of several is that the report may be full of possibly false statements. And there is no reason to have you running around confronting people that were interviewed by the police, and starting fights. So it's done to protect witnesses.

At this time just leave well enough alone. The matter will be buried in a few years, and this information will be history.

Lots of luck

Re: Information on Criminal Police Reports

Thanks for your posting. Except for traffic collision reports, the release of Police reports is generally prohibited, and release of any information is governed by California Government Code 6254 and 6254(f). This section identifies the following parties as those to whom a police agency is required to provide information: victims; authorized representatives of the victim (signed waiver or authorization required); insurance carrier against which a claim has been or might be made; and, any person suffering bodily injury, property damage, or loss.

No copy of a report shall be provided if disclosure would endanger the safety of a person involved in the investigation or if disclosure would endanger the successful completion of the investigation or a related investigation. Copies of reports will not be released if they contain the name, address and phone number of a witness or confidential informant, or the name, address and phone number of a victim of a crime as defined by California Penal Code Sections 220, 261, 262, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289, 293, 293.5, 422.6, 422.7, 422.75, and 646.9.

As a criminal law attorney, I can tell you that it is illegal for even me to give my clients portions of the police report. So the answer is no, you can't get one for now, and even if charges are filed, you may not be able to get a copy of the report.

Thanks, and if you have any other questions or need information, please feel free to call me at 1-877-568-2977 or emailme.

Robert Miller, Attorney at Law