Legal Question in Civil Rights Law in Michigan

Re: Possible denial of Freedom of Information Act Access

Unfortunately, you may not have the right to obtain the police report. FOIA requests are not applicable to cases in which you are litigating (in this case in criminal court) against the government.

However, there is no reason why you have to be an attorney to receive the police report (assuming the officer had even written it up by the time you asked,--they often don't write them right away).

The judge will certainly make them give it to you, but if you don't want to wait for your first court appointment, then go to the supervisor on duty and explain that you don't have an attorney and you want that police report. If you have an attorney, they will give it to him or her without this sort of hassle, but it's not necessary.

If you are representing yourself, do a formal written discovery request immediately, demanding that all evidence that they intend to use against you (including but not limited to the police report) is immediately given to you so that you can further your defense. Make sure that you put the case number (usually in the upper right hand corner of your court papers) on the request for information, so they know which report to pull. That's why attorneys don't have to beg for this: it's understood that you are to receive a copy.