Do the laws concerning the release of police records vary from state
to state? Where can I find out the basic parameters for the state of
California?  I have been unable to procure the police records for my
own mother's mysterious suicide / possible murder.  As a close
relative am I not entitled to this information? What recourse do I
have for dealing with this particular police department who will not
respond to my requests?

Dear timespacette-ga;

Thank you for allowing me an opportunity to answer your interesting
question. I have been in law enforcement for more than twenty years
and I have some insight into this issue.



“Do the laws concerning the release of police records vary from state
to state?”

Laws can vary from state to even and to some degree even from
department to department. Internal policies often dictate the
procedures that are not addressed by the Freedom of Information Act
and at times, may even address certain issues that are. In California
for example, the CALIFORNIA PUBLIC RECORDS ACT covers this.



“Where can I find out the basic parameters for the state of
California?”

Here is a good place to start - Using this link you will find the
CALIFORNIA PUBLIC RECORDS ACT, a sample information request form, the
federally mandated FREEDOM OF INFORMATION ACT and it’s sample form,
and a number of very informative links. Basically, “everything” a
Californian needs to know about obtaining public records is explained
in one or more of the links on this page:

CAL-FOI ARCHIVE
http://journalism.berkeley.edu/resources/foi/calfoi.html



“I have been unable to procure the police records for my own mother's
mysterious suicide/possible murder.  As a close relative am I not
entitled to this information?”

The answer is, “you might be”. Remember, the California Public
Information Act only covers “public information”. If the details of
the report ARE public information then you probably are entitled to
obtain them. If the details are NOT then you may be precluded from
obtaining the report, or at least right now, in it’s entirety. If the
police have not ruled out homicide they may have the file sealed. This
prevents publication of the progress of the investigation, and
prevents the release of covert information that would obviously
jeopardize their case. If the incident is a definite suicide and the
case is closed then I see no reason why you would be prevented from
getting a copy.



“What recourse do I have for dealing with this particular police
department who will not respond to my requests?”

You have many options. If you don’t feel you are being treated fairly
or you are being denied a state of federally mandated right you always
get a lawyer and bring a lawsuit against the city. In lieu of that,
you can file a formal complaint with the office of the Chief of
Police, Mayor or City Manager’s office that the city attorney will
ultimately examine. To avoid a potential lawsuit the city might decide
that it’s more economically feasible to run you a little Xerox copy
than write you a big check. If your formal complaint doesn’t generate
any movement or explanation (don’t rule out the fact that they very
well might have a valid explanation) you can always turn to the media.
My experience is that the local newspaper tends to have a magical
effect on municipal politics. I think it has something to do with
seeing your own name in the paper while having coffee early Monday
morning :)

If you do not get an appropriate response, you can always contact the
OFFICE OF THE ATTORNEY GENERAL (in your case, Bill Lockyer
http://caag.state.ca.us/ ) and politely ask for his opinion (their may
even be some papers that need to be filed in your state in order to
get an AG's opinion as this is a fairly serious request). An Attorney
General’s opinion in any state holds a great deal of water and the
influence he has over such matters is second only to the state supreme
court. He is, after all, the ranking law enforcement official in the
state, to which all agencies ultimately answer to one degree or
another.



Here is a pocket guide to the California Public Information Act. You
might like to read this and see if it offers you any advice on how to
proceed from here.

ON-LINE VERSION OF A POCKET GUIDE TO 
THE CALIFORNIA 
PUBLIC RECORDS ACT 
California Gov't. Code §§ 6250-6268)
http://journalism.berkeley.edu/resources/foi/pockrec.txt

You might like to read this and see if it offers you any advice on how
to proceed from here.



Below you will find that I have carefully defined my search strategy
for you in the event that you need to search for more information. By
following the same type of searches that I did you may be able to
enhance the research I have provided even further. I hope you find
that that my research exceeds your expectations. If you have any
questions about my research please post a clarification request prior
to rating the answer. Otherwise, I welcome your rating and your final
comments and I look forward to working with you again in the near
future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga


INFORMATION SOURCES

CALIFORNIA ATTORNEY GENERAL
http://caag.state.ca.us/

ON-LINE VERSION OF A POCKET GUIDE TO 
THE CALIFORNIA 
PUBLIC RECORDS ACT 
California Gov't. Code §§ 6250-6268)
http://journalism.berkeley.edu/resources/foi/pockrec.txt

CAL-FOI ARCHIVE
http://journalism.berkeley.edu/resources/foi/calfoi.html


SEARCH STRATEGY


SEARCH ENGINE USED:

Google ://www.google.com


SEARCH TERMS USED:

CALIFORNIA ATTORNEY GENERAL

FREEDOM OF INFORMATION ACT CALIFORNIA

PUBLIC RECORDS CALIFORNIA

I haven't yet followed up on these links, but I am VERY impressed with
your knowledgeable response and candor in explaining the various
possible outcomes. I hope to be able to contact you again if I run up
against another brick wall, but it doesn't seem that I will given the
openings you have provided me.  This issue has been a long time
resolving; thank you VERY much!

Thank you for your generosity. If you'd like to call on me
specifically in the future you may put "For Tutuzdad-ga" in your
subject line and I will respond to your question.

I wish you luck;
tutuzdad-ga

Regarding California specifically, many District Attorneys or
prosecutors choose not to put the police report in the court file
specifically to keep it from being a public record.  They and the
police will tell you, as a matter of policy, that they can't release a
police report to you unless it goes to an attorney first.  The reason
is contained in California's Penal Code section 1054.2, which reads as
follows:

"1054.2.  (a) (1) Except as provided in paragraph (2), no attorney
may disclose or permit to be disclosed to a defendant, members of the
defendant's family, or anyone else, the address or telephone number
of a victim or witness whose name is disclosed to the attorney
pursuant to subdivision (a) of Section 1054.1, unless specifically
permitted to do so by the court after a hearing and a showing of good
cause.
   (2) Notwithstanding paragraph (1), an attorney may disclose or
permit to be disclosed the address or telephone number of a victim or
witness to persons employed by the attorney or to persons appointed
by the court to assist in the preparation of a defendant's case if
that disclosure is required for that preparation.  Persons provided
this information by an attorney shall be informed by the attorney
that further dissemination of the information, except as provided by
this section, is prohibited.
   (3) Willful violation of this subdivision by an attorney, persons
employed by the attorney, or persons appointed by the court is a
misdemeanor.
   (b) If the defendant is acting as his or her own attorney, the
court shall endeavor to protect the address and telephone number of a
victim or witness by providing for contact only through a private
investigator licensed by the Department of Consumer Affairs and
appointed by the court or by imposing other reasonable restrictions,
absent a showing of good cause as determined by the court."

As a result of the public policy interest in not releasing the contact
information of victims or witnesses, for the purpose of preventing
revenge, or harassment, many agencies do not release police reports in
criminal cases.

I hope this answer helps, but feel free to inquire further if you need
additional information.