Legal Question in Criminal Law in Missouri

what are my legal rights

what are my legal rights as the defendent to obtain police reports per tent to my case


Asked on 11/23/08, 12:15 pm

1 Answer from Attorneys

Stephanie Galetti Knapp Ohl & Green

Re: what are my legal rights

It depends upon the nature of the case and who the police reports are on, what they are pertaining to, etc. For example, if they include information not related directly to you and/or a criminal action against you, and/or if they contain information that relates to a minor, for example, they may be more difficult to obtain. Also, it will matter if you are talking about a criminal case vs. a civil case. If it is criminal, and if it is a misdemeanor and/or felony, you should be able to request them in the course of discovery through formal Requests for Production. If it is an ordinance violation/traffic violation, you may just need to obtain them from the police, as there is less discovery in these types of cases. If it is a civil case, it will depend greatly upon what might be contained within the reports and their relevancy to your case (ie if they contain information on a minor and/or a victim's identity, they may be more difficult to obtain unless they are redacted in some fashion). Your best bet, either way, is simply to contact the municipality who completed the reports, fill out a Freedom of Information Act request and try to get them directly from the police - absent the few situations above, they should be public records that, with the formal request, you should be able to obtain from the police. If you have no luck there, try filing Requests for Production in your case and getting them from the other side (plaintiff or State).

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Answered on 11/24/08, 10:35 am


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