California Public Records Act | Covina Police Department (2024)

WHAT IS THE CALIFORNIA PUBLIC RECORDS ACT?

In 1968, the California Legislature enacted the California Public Records Act (CPRA) under Government Code (GC) sections 6250-6270. In its findings and declarations, mindful of the right of individuals’ privacy, the Legislature declared it was the publics’ right to access information concerning the peoples’ business.

WHAT IS A PUBLIC RECORD?

As defined in the Public Records Act, GC 6252 “public records include any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.”

Police Reports
Based on this definition, the report of crimes and incidents written in the course of business of a law enforcement agency are public records and subject to release under CPRA with some exemptions.

WHO CAN INITIATE A PUBLIC RECORDS REQUEST?

Any person can make a Public Records request. However public disclosure is regulated by several different statutes dependent upon on the record. Such resources are Government Code 6250 et .seq. and 34090.6, Welfare and Institutions Code 827, California Vehicle Code 20012, Penal Code 841.5, 293, 11167.5 and 13300.

WHAT TYPES OF RECORDS ARE AVAILABLE?

The law requires law enforcement agencies to provide information the public has the right to know and at the same time, to withhold information if the release would jeopardize an individual’s right to privacy.

All agency records not exempted by statutory of case law are available. Certain records or portions of records are subject to privacy laws and/or other exemptions and are rarely ever available for viewing. Common public records requests are for:

  • Arrest logs
  • Calls for service logs
  • Statistics
  • Crime reports
  • Accident reports

It is the responsibility of the law enforcement agencies to allow the public access to certain information obtained during the normal course of daily business.

Law Enforcement personnel must be aware of and apply the legal exemptions to the release of some information to protect individual privacy, safety and reputation.

GOVERNMENT CODE 6254 AND EXEMPTIONS

GC 6254 specifies exemptions in order to balance the individual’s right to privacy with the public’s need for information. Items that will most likely be redacted from Covina Police Department public records are:

  • Identifying juvenile information
  • Identifying victim information associated with crimes to Penal Code Sections 261,264,264.1,273a,273d,286,288 or 289
  • Identifying confidential informant information
  • Criminal offender record information
  • Information that may endanger the safety of a witness or the other person
  • Information that may jeopardize an investigation, related investigation or law enforcement proceeding
  • Any portion of the report that reflects analysis, recommendation or conclusion of the investigating officer
  • Information that may disclose investigative techniques
  • Information that may deprive a person of a fair trial
  • Preliminary drafts, notes, or memorandums which are not retained in the ordinary course of business
  • Records pertaining to pending litigation to which the city is a party until the litigation is adjudicated or settled
  • Personnel, medical or similar files

HOW TO MAKE A PUBLIC RECORDS ACT REQUEST

A public records request for information from the Covina Police Department can be started by contacting the Covina Police Department. You will want to include the following information to ensure the scope of the request is understood and clear enough for personnel to determine if we have the records you are requesting.

  • The date(s) of the record
  • The subject of the record
  • A clear and specific description of the record
  • Any additional information that helps staff identify the record
  • Your complete contact information, so that we may notify you when your request is available

Prompt access to public records is required by the CPRA (Government Code 6253). The 10– day period mentioned in the act is not a legal deadline for producing records. The 10-days allows the agency to review records, if it is not clear that they are public records. As soon as a determination is made, it will be at that time the records shall be released.

The rights under the CPRA provide for the inspection of public records or to obtain copies of identifiable records, it does not compel the agency to create lists or reports in response to the request.

California Public Records Act | Covina Police Department (2024)

FAQs

Do you have to answer police questions in California? ›

A: No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be pun- ished for refusing to answer a question.

What is the 10-day response to the California Public Records Act? ›

The 10-day period mentioned in the act is not a legal deadline for producing records, rather it is a time frame which allows the agency to review records to determine if the records being sought are legally allowed to be released or whether they are exempt.

What are the requirements for the California Public Records Act? ›

The California Public Records Act requires that governmental records be accessible to the public when requested, unless exempt by the law. Requests for identifiable, disclosable recordsmust be responded to within timeframes and promptly available for anyone who pays duplication costs or statutory fees.

Has the California Public Records Act been repealed? ›

Effective January 1, 2023, the California Public Records Act (CPRA) has a new location within the Government Code, complete with relabeled organizational headings that improve navigating the statute.

Can you say I don't answer questions to a cop? ›

Do I have to answer questions asked by law enforcement officers? No. You have the constitutional right to remain silent.

What to say when a cop asks you where you are going? ›

You have the right to remain silent. For example, you do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live.

How much is the California Public Records Act charged for? ›

Depending on the circ*mstances, the following fees may apply: The fee for preparing a copy of any law, resolution, record, or other document on file in the Secretary of State's Office is one dollar ($1.00) for the first page and fifty cents ($0.50) for each page thereafter.

How long do you have to respond to a public record request in California? ›

The PRA requires public agencies to initially respond to a request for records within ten calendar days ​(this time limit may be extended by 14 days in certain circ*mstances).

What is section 7920 of the California Public Records Act? ›

The California Public Records Act, which can be found at California Government Code sections 7920 - 7931, is the California law that provides the public the right to inspect and the right to promptly obtain copies of "public records." The purpose of the Act is to provide access to information that enables the public to ...

Are police reports public record in California? ›

Police reports are considered ! public records' within the meaning of the California Public Records Act and the San Francisco Sunshine Ordinance. Police reports must be released unless an exception applies.

Are 911 calls public record in California? ›

A: Records of 911 calls are public records under the California Public Records Act and, therefore, must be disclosed unless a specific exemption to disclosure applies.

What is the Sunshine law in California? ›

Under the Act, all meetings of local legislative bodies are open and public, and all persons are permitted to attend the meetings. Statutory exceptions authorizing closed sessions are construed narrowly, and the Brown Act “sunshine law” is construed liberally in favor of openness in conducting public business.

What is Section 6250 of the California Public Records Act? ›

6250. In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state.

What is the deliberative process in California Public Records Act? ›

A deliberative process exemption to open records requests is one that shields from public scrutiny that papers and materials that elected officials use in the course of reaching a decision.

Did CPRA pass in California? ›

California voters passed the California Privacy Rights Act (CPRA) ballot initiative during the November 2020 election, amending and expanding the existing California Consumer Privacy Act (CCPA).

Do cops have to tell you why they pulled you over in California? ›

According to the text of the law, the only time that officers can skip stating the reason for the stop is if the officer deems it necessary “to protect life or property from imminent threat.”

Do you have to identify yourself to police California? ›

In California, there is no stop-and-identify law which requires an individual to produce identification upon request by a peace officer.

Do you have to say you're a cop if asked? ›

Neither California nor federal law explicitly mandates that officers must identify themselves.

Can police tell you who reported you? ›

In general in the US you have no legal right to know. As I said above this can vary by state. If you are later charged with a crime and prosecuted you have a right to confront all witnesses against you. If the person who made the initial report is a witness for the prosecution then you'll know.

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