Hopkinsville, KY asked in Civil Rights for Kentucky

Q: is it legal for a police department to keep a police report from me as a parent my daughter got shot an killed

there reason was KRS.61.878(1)(i) is it legal

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James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: In Kentucky, under KRS 61.878(1)(i), there are circumstances where a police report can be withheld from the public, including from family members. This provision allows for the nondisclosure of records if their release would harm an ongoing investigation or lead to the disclosure of details that could jeopardize the investigation or prosecution.

In the tragic situation where your daughter was shot and killed, the police may be withholding the report to protect the integrity of their investigation. This is often done in cases where releasing information could compromise the gathering of evidence, the identification of suspects, or other crucial aspects of the case.

However, as a parent, you have a significant interest in understanding what happened. It's recommended to communicate your concerns with the police department and inquire about the process and timeline for when the report might become available.

If you feel that the report is being unjustly withheld, you might consider consulting with an attorney. An attorney can provide guidance on your rights and may be able to assist in communicating with the police department to obtain information.

Remember, while the police have a duty to conduct thorough investigations, they also need to be responsive to the needs of victims’ families. Balancing these needs can be complex, and legal guidance can be beneficial in navigating this situation.

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