How to Access Police Misconduct/Personnel Files
In a courtroom setting in California, it is crucial to evaluate whether the police officer providing testimony has any concerning history that could affect their reliability as a witness. As an example,if the officer has been involved in perjury,falsifying reports,using excessive force,or has faced disciplinary actions for job-related issues,these factors can be utilized by your criminal defense attorney to argue that this officer’s credibility is questionable adn should not be relied upon.
In 2019, the California Legislature enacted SB 1421, also known as The Right To Know Act. This law grants public access to specific documents related to police misconduct and important uses of force. You can now request these records under the public Records Act (PRA), which allows public access to non-confidential documents from state and local government entities.
Organizations such as the ACLU are actively pursuing and releasing public records regarding reported incidents from over 400 law enforcement agencies throughout California. if you need more information about a particular incident or officer,you may submit your request under the Public Records Act.
To initiate a request, you can send it via mail, fax, or email directly to the relevant agency. Some agencies have designated departments or individuals responsible for handling PRA requests; visiting their websites or reaching out directly can provide additional assistance. Always retain a copy of your request for reference regarding what was sent and when it was submitted.
When To Expect Response
Agencies are legally required to respond to Public Record act requests within ten days but may seek an extension of up to 14 days. Their response should confirm receipt of your request while outlining an expected timeline for delivering complete information and detailing any claimed exemptions. However,responses ofen take longer than anticipated; therefore,it’s wise to follow up diligently while keeping records of all interactions with the agency. If your inquiry pertains specifically to recent serious uses of force incidents, agencies may temporarily withhold relevant documents if their release could compromise ongoing criminal or administrative investigations.The duration for which they can withhold such documents varies based on investigation type but generally cannot exceed 18 months following the incident date unless criminal charges are filed until resolution occurs.
Regarding fees associated with obtaining records under the Public Records Act: Agencies are permitted only to charge for “direct costs of duplication,” including materials like paper and ink as well as disks or drives used in data distribution. They cannot impose fees related to staff time spent searching for records or preparing copies-even redacting documents does not incur charges.
Which Records Am I Currently Able To Access?
Under SB 1421 provisions, members of the public have rights concerning three categories of records specifically related to investigations into law enforcement officers:
- Records documenting instances were an officer discharged their firearm at an individual (regardless if anyone was hit) or employed force resulting in severe injury or death-these records remain accessible even if departmental reviews deemed actions appropriate.
- Documents relating cases where it was established that an officer committed sexual assault against civilians-including coercion into sexual acts during official duties.
- Records indicating instances where officers engaged in deceptive practices during investigations involving documentation handling related either criminal activities or police misconduct.
Such dishonesty might encompass filing false reports, providing misleading testimonies-or even fabricating evidence.You possess rights allowing access any agency-held document regardless its age.
What should I Do If the Law Enforcement Agency Doesn’t Respond?
All agencies must adhere strictly legal obligations ensuring disclosure relevant non-confidential documents they cannot legally keep secret; failure comply constitutes violation laws governing transparency requirements surrounding such matters Wriet follow-up correspondence requesting those materials persistently until compliance achieved If they continue neglecting requests consider pursuing legal recourse through filing lawsuit Superior court upon prosperous challenge agency might liable cover attorney’s fees this means hiring lawyer who will only receive payment contingent upon recovering those costs through litigation.
Need an attorney? CALL NOW: 213-932-8922
Yuliya Kelmansky is an Expert Attorney who has over 15 years of practice defending a variety of cases.
