Q: Can a police department withhold an incident/ police report number? Not a copy.. literally just the report number?
I’m trying to get an incident by three support number and I requested it directly with the department via email on 19 December and at 11 PM on the 25th I received a response stating
PD is unable to release the requested information/report to you as a matter related to victim is subject to a pending investigation by our agency. Release of this information could jeopardize the criminal investigations and/or endanger victims or witnesses to this case.
These exemptions are allowed under the California Government Code Sections 7023.610 ([formerly 6254(f) and 6254(f)(1)]) and Haynie v Superior Court (2001) 26 C 4th 1061.
I literally said I understand I probably cannot get a copy of the report Im requesting at least the report number but yet they still said they cant give me any information
A:
Under California law, police departments generally provide incident or police report numbers upon request. However, in specific situations, they may withhold even the report number if releasing it could compromise an ongoing investigation or endanger victims or witnesses.
The exemptions cited in the response you received, under the California Government Code Sections 7023.610 (formerly 6254(f) and 6254(f)(1)) and the Haynie v Superior Court case, indicate that the department believes releasing any information, including the report number, could jeopardize their investigation or the safety of individuals involved.
While this situation might seem overly cautious, law enforcement agencies have discretion in determining what information could potentially impact an investigation. This discretion sometimes leads to withholding seemingly benign details like a report number if they are linked to sensitive cases.
If you believe that the withholding of this information is unwarranted or impacts your legal rights, you may consider pursuing further legal steps. This could include formally requesting the information in writing or consulting with a legal professional to explore options for compelling the release of the report number.
Remember, each case has its unique considerations, and law enforcement's priority is often to protect the integrity of their investigations and the safety of those involved.
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