Q: Is a redacted police report indicative of a cover up of a crime committed by another?
I had someone file a false police report about me accusing me of domestic violence. When I requested a FOIL of the police reports, it came redacted . It involved going through an appeal process by our town mayor to get an unredacted version
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
I understand you're asking about the implications of receiving a redacted police report in response to your Freedom of Information Law (FOIL) request. Let me address your question:
1. Redaction itself is not necessarily indicative of a cover-up. There are legitimate reasons why information in police reports may be redacted, including:
- Protecting personal privacy
- Safeguarding ongoing investigations
- Shielding confidential informants
- Protecting juvenile information
- Complying with state and federal laws regarding disclosure
2. The fact that you had to go through an appeal process to get an unredacted version is also not unusual. Many jurisdictions have a review process for FOIL requests, especially when sensitive information is involved.
3. However, if you believe the initial redactions were improper or excessive, it's good that you pursued the appeal process. This helps ensure transparency and accountability.
4. Regarding the false police report filed against you, this is a serious matter. Filing a false police report is generally considered a crime. If you have evidence that the report was intentionally falsified, you may want to consider:
- Reporting this to the police department's internal affairs division
- Consulting with a lawyer about potential legal actions (e.g., defamation lawsuit)
- Seeking to have the false report expunged from your record
5. It's important to note that even if the initial report was false, the police department still has obligations to protect certain types of information, which could explain some redactions.
If you have concerns about how your case was handled or about the redaction process, you might consider:
- Discussing the matter with a local attorney who specializes in civil rights or criminal law
- Contacting your local police oversight board or civilian complaint review board
- Reaching out to local elected officials or civil liberties organizations for guidance
Remember, while redactions can sometimes be frustrating, they're not automatically indicative of wrongdoing. However, you have the right to pursue full disclosure within the bounds of the law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
