Arlington, TX asked in Criminal Law for Texas

Q: How do I view a police report?

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2 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: You can make an open records request with the police department, or if a criminal case has been filed, the attorney of record for the defendant will be provided a copy by the DA.

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: The "Probable Cause Affidavit" is a public document that explains the officer's reasons in support of the arrest. Anyone can get their own copy of the PC Affidavit from the clerk's office at the courthouse.

The "Offense Report" is in possession of law enforcement and will be disclosed to the criminal defense attorney. The defense attorney can disclose the contents of an Offense Report to a witness, but can't provide a copy, except in limited circumstances.

You can request a copy of the Offense Report from law enforcement. However, there are exceptions in the Texas Public Information Act (PIA) that allow public information to be withheld for certain law enforcement purposes and when it involves pending litigation. The PIA and exceptions are in Chapter 552 of the Texas Government Code. See: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

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