Q: Can a person be denied their police report?
My friend was arrested recently. I took her to the police department to retrieve a copy of her police report and they informed her that the report was not public record and she couldn't have it. Doesn't this go against the constitutionality of being able to view evidence against you, or is it legal for some police reports to be made unavailable to the public?
A:
There are two documents that are sometimes called a "police report." One of them is always a public document that should be on file at the clerk's office for the court where the case is pending. It is not technically public until formal charges are filed but some jurisdictions will go ahead and allow you to view or buy a copy before that happens. This document is an affidavit sworn under oath and describes the circumstances justifying the arrest. This document has different names in different towns... so ask your criminal defense attorney about the local name of this document... Some of the names I've seen are "Probable Cause Affidavit", "Arrest Affidavit", "Warrant Affidavit", and "Affidavit in Support of Arrest or Detention."
The second document is called an Offense Report and there is an exception in the public records law that allows law enforcement to withhold this document while a case is pending. However, the defendant's attorney can get a copy of it through the DISCOVERY process which does not rely on the public records law. The attorney is not allowed to GIVE you a copy of documents obtains through DISCOVERY except copies of your own statement. However, the attorney can let you read and review the document after redacting the contact information for witnesses.
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