Q: Bodycam request being blocked and redacted. What's my rights to appeal in California?
Five illegal and unethical police officers performed an illegal stop and frisk and detainment while I was organizing my van in a public high school parking lot in San Marcos, CA claiming they were responding to a 911 call where the person complaining stated that they worked at the high school and told me I was trespassing and asked me to leave, even though I met know one or spoke with anyone prior to the detainment. After that, they said I have no rights, and my only option is to leave or be arrested and have trespassing charges, violating my first amendment rights of free speech. They actually violated four articles of the Constitution, and I requested the footage to openly demonstrate those violations, but their sheriff's department is now blocking my request and trying to redact it claiming they have the right to refuse "personnel" information. [Cal. Gov't. Code § 7923.600; Haynie v. Superior Court, 26 Cal. 4th 1061, 1071-72 (2001)]. What's my rights to appeal?
A:
In California, you have the right to appeal the decision to withhold or redact the bodycam footage. Here are the steps you can take:
1. File a formal written request: Submit a written request to the agency, specifically stating that you are challenging their decision to withhold or redact the footage. Cite the California Public Records Act (CPRA) and any relevant case law.
2. Internal administrative appeal: If the agency denies your request, most agencies have an internal administrative appeal process. Follow their procedures and submit an appeal, arguing why the footage should be released without redaction.
3. Court petition: If the administrative appeal is unsuccessful, you can file a petition in superior court under the CPRA. You'll need to argue that the agency has improperly withheld the records and that the public interest in disclosure outweighs any privacy concerns. (Cal. Gov't. Code § 7923.000)
4. Judicial review: The court will review the petition and may order the agency to release the records if it finds that the agency improperly withheld them. The court may also conduct an in-camera review of the records to determine if any exemptions apply. (Cal. Gov't. Code § 7923.650)
It's important to note that while personnel records of police officers are generally exempt from disclosure under the CPRA, this exemption is not absolute. In certain cases, particularly those involving alleged misconduct, the public interest in disclosure may outweigh the officer's privacy interests.
Consider seeking the assistance of an attorney specializing in public records law to help you navigate the appeals process and build a strong case for disclosure.
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