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:
- State: California
Answer:
The police department's response is based on California's Public Records Act. This law allows public access to records held by government agencies, but there are exceptions. Specifically, the Act states that public records are generally open for inspection unless exempted (Gov. Code § 6253). Certain records, including police incident reports, may be withheld, especially if they involve ongoing investigations (Gov. Code § 6254(f)).
To access the police report, you typically need to establish conservatorship over your deceased son. This is because, without property or assets, you may not have the legal standing to request the report. Once you obtain conservatorship, you can submit another request for the report, though it may still be denied.
If your request is denied, consider the following steps:
- Discretionary: Ask if the agency will waive the exemption and release the record.
- Explanation: Request a written explanation for the denial.
- Narrow Application: Remember that exemptions should be narrowly construed.
- Isolate: Ask for any non-exempt portions of the record.
- Appeal: State your rights and request to speak to a higher official.
- Lawsuit: If necessary, you can file a lawsuit to enforce your rights.
If you decide to pursue conservatorship, you can typically file the necessary paperwork yourself, though it may be beneficial to consult with an attorney. The process can vary in cost and duration depending on your location and the court's schedule. There is no specific time limit for obtaining police reports, but it’s best to act promptly.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.