What remedies do I have when denied a copy of a police report?

Full question:

the home owner of a vacant house my son was shot in stealing copper wire shot him 3 times in the head and killed him.there calling it a justifiable homicide . I asked for a copy of the police report and was told to fill out request form. I did and i was sent a letter denying me a copy .I called ask why they told me to read gov. code 6254-f. and said that i need to the conservator ship over my dead son.He had no property,no money. they said after i get this conser. filed bring them proof and submit another request and they would review it then but they said the report still may be denied to me.??? I got the coroner report that is how i knew where he was shot and how many times. as a father i should have the right to read what happened the day some man killed my son. yes my son was in the wrong 100% but just reading the coroners report put many more questions in me.I'm grieving my son ,i feel like i died that day and now i can't know what really happened . bs. sorry. my question is why do i need conservatorship and where do i get them? can i file a motion to the courts to get a copy without this conser. papers?if not can i do them myself? how much is the process ?how long does it take? is thee limitation on obtaining copys of police reports? is there a time limitation on getting the reports?

• Category: Government
• Subcategory: Records
• Date: 04/07/2025
• State: California

Answer:

The police department was referring to a seciton of the California Public Records Act which is designed to give the public access to information in possession of public agencies: "public records are open to inspection at all times during the office hours of the…agency and every person has a right to inspect any public record, except as . . . provided, [and to receive] an exact copy” of an identifiable record unless impracticable. (§6253). Specific exceptions to disclosure are listed in sections 6253.2, 6253.5, 6253.6, 6254, 6254.1-6254.22, 6255, 6267, 6268, 6276.02-6276.48; to ensure maximum access, they are read narrowly. The agency always bears the burden of justifying nondisclosure, and "any reasonably segregable portion . . . shall be available for inspection…after deletion of the portions which are exempt." (§ 6253(a)).

The Act exempts certain records from disclosure in whole or in part. This does not mean they are not public records or that disclosure is prohibited. An agency may withhold the records, but can allow greater access if it wishes. (§ 6253(e)). However, "selective" or "favored" access is prohibited; once it is disclosed to one requester, the record is public for all. (§ 6254.5) Many categories of records are exempt, some by the Act itself, (§§ 6254(a)-(z)) and some by other laws (§§6275-6276.48). Included are several exceptions including: Police Incident reports, rap sheets and arrest records are exempt (Penal Code §§ 11075, 11105, 11105.1), but information in the "police blotter" (time and circumstances of calls to police; name and details of arrests, warrants, charges, hearing dates, etc.) must be disclosed unless disclosure would endanger an investigation or the life of an investigator. Investigative files may be withheld, even after an investigation is over. (Gov. Code § 6254(f); Williams v. Superior Ct., 5 Cal. 4th 337 (1993); County of L.A. v. Superior Ct., 18 Cal. App. 4th 588 (1994). Identifying data in police personnel files and misconduct complaints are exempt, but disclosure may be obtained using special procedures under Evidence Code section 1043.

IF YOUR REQUEST IS DENIED
· Keep a log of to whom you speak and the stated reason for the denial.
· Employ the following six-step DENIAL strategy:

D = Discretionary: Exemptions are permissive,
never mandatory. Ask the agency if it will
waive the exemption and release the record.
E = Explanation: Insist that the agency explain
in a written denial why the exemption
applies to the requested record.
N = Narrow Application: The Act favors access.
Exemptions must be narrowly construed.
I = Isolate : Request the release of any nonexempt
portions of the record.
A = Appeal: State your rights, using this guide,
and ask to speak to a higher agency official.
L = Lawsuit: File suit to enforce your rights.

If you win, the agency must pay your costs and legal fees. (§ 6259(d)); Belth v. Garamendi
232 Cal.App.3d 896 (1991).
· Write a news story or Letter to the Editor about
the denial.
· Consult your supervisor or lawyer, or contact
various advocates.