Access to California Law Enforcement Records

What is SB 1421?

Lawmakers passed the landmark “Right to Know Act” in 2018, chipping away at a four-decade wall of secrecy concerning police internal investigations and officer discipline in California. SB 1421 makes public three categories of records:

• Use-of-Force: Records of investigations and findings about use of force that results in a serious injury or death.
• Sexual Assault: Records made when an agency determines that a California peace officer committed sexual assault on the job.
• Official Dishonesty: Records made when an agency determines that an officer was dishonest on the job, affecting the reporting, investigation or prosecution of a

In 2018, the California Legislature passed SB1421, The Right To Know Act, which gives the public the right to see certain records relating to police misconduct and serious uses of force. You can now request these records under the Public Records Act (“PRA”) — a law that gives the public the right to see the non-confidential documents of our state and local government agencies.

The ACLU of Southern California, along with other organizations, is in the process of requesting and publishing the records for all incidents that have now been made public from the 400+ law enforcement agencies within California. In the meantime, if you have a specific incident or officer that you would more information on, you can file your own Public Records Act request.

What type of records can I now get access to?

SB 1421 gives the public the right to access three categories of records related to investigation and discipline of peace officers:

• Records related to any incident where a law enforcement officer fired a gun at a person (regardless of whether someone was hit), or used force that resulted in serious injury or death. You can get these records whether the department found the officer acted properly or not.¹
• Records related to incidents where the agency found that an officer committed sexual assault against a member of the public—which includes attempts to coerce sex or proposition sex while on duty.²
• Records related to incidents where the agency found that an officer engaged in dishonesty in the investigation, reporting, or prosecution of crime or police misconduct. This kind of dishonesty could include filing a false report, testifying untruthfully, or planting evidence.³

You are entitled to any documents still in an agency’s possession, no matter how old they are.

What type of records do I still not have access to?

The only records of police misconduct that you can access are those that fall under the three categories listed above: serious uses of force, sexual assault, and dishonesty related to investigations. Records of other types of police misconduct are still secret. Also, while you can access the records of investigation for serious uses of force regardless of whether the agency found that the use of force was wrong, for allegations of sexual assault and job-related dishonesty, you can only access those records if the agency determined that the officer was guilty of misconduct in violation of policy, and the time to appeal that determination has passed.⁴

In addition, the agency has the right to redact or withhold certain confidential information, like the names of witnesses, or the home address of the officer involved.⁵

What type of documents will the agency produce?

The term “record” should include all documents related to the incident, including any reports created by the agency, the records of its investigations, photographic and video evidence, and the agency’s disciplinary decisions.⁶ If you are only interested in certain types of records—like a disciplinary decision or an autopsy report — you can request the specific type of record you want, and that may actually help you get a response to your request more quickly. Agencies also have an obligation to work with you to identify the documents that are responsive to your request.⁷

How do I submit a request for information?

To submit a request send the request via mail, fax, or email to the agency. Some agencies list specific departments or people whose job it is to respond to PRA requests, so check their websites or call them for further info. Always keep a copy of your request so that you can show what you submitted and when.

from the ACLU we have 2 types of SB 1421 Templates for Sample Requests 

1. Incident Based Request: Use this template if you want records related to a particular incident, like the investigative record for a specific police shooting, an arrest where you believe an officer may have been found to have filed a false report, or to find out whether complaint that an officer committed sexual assault was sustained.
ACLU Download Word document | ACLU Download PDF

or from us Download Word document | or from us Download PDF

2. Officer Based Request: Use this template if you want to find any public records of misconduct related to a particular officer or if he or she has been involved in past serious uses of force.
ACLU Download Word document | ACLU Download PDF

or from us Download Word document | or from us Download PDF

We also have more robust sample letters below:

Sample Letter | SB 1421 & SB 16 Records

Download Word document | Download PDF

Sample Letter | Police Recordings

Download Word document | Download PDF

The CPRA is now located at Government Code sections 7920.000-7931.000
The First Amendment Coalition also has some useful information to help explain the PRA process.

Does it cost money to make a request?

An agency is only allowed to charge for the “direct costs” of duplicating the records, or the cost to create certain documents if you are asking it to create a document — like a list — that it does not already have.⁸ You should always ask the agency to waive costs in your initial request, but they are not required to do so. You also have the option to inspect the records by looking at them at the agency during its regular business hours, which you can do for free. You can always inspect documents for free, and then request copying only of those that you want.

Can the agency ask me to pay for the time it takes them to locate files or redact audio or video?

No. The Public Records Act allows agencies only the charge for the “direct costs of duplication, or a statutory fee if appliable.”⁹ That means that agencies can charge for the costs of paper and ink, or for the disks or drives on which they provide data, but cannot charge for the time their staff spend finding records, making copies or even redacting documents. Despite this, for several years, police agencies still tried to charge requestors an hourly rate, often amounting to thousands of dollars, for the time their staff spent editing body camera video to redact confidential information, arguing that editing video was more like programming a computer to extract data (something they are allowed to charge for) than it was like redacting a document.

However, on May 28, 2020, the California Supreme Court in National Lawyers Guild v. City of Hayward (a case brought by the ACLU of Northern California) rejected this argument¹⁰ and held that the Public Records Act does not allow police departments to charge requestors of police body camera footage for the staff time required to locate that footage and edit it to redact audio & video to remove private information.

If an agency has tried to charge you for the time required to make redactions in audio or video, please see our model follow-up lettera> notifying them of the Hayward decision and informing them such charges are unlawful.

When should I expect a response?

The law requires that an agency respond to any Public Record Act request in 10 days, acknowledging the request, giving a timeline for a full response and informing the requestor if they are claiming any exemptions.¹¹ An agency can ask for a 14-day extension to respond to the request. The more extensive the request, or if it may require a lot of redactions to keep certain information confidential, the longer it may take to respond. While agencies are supposed to respond promptly, many agencies often take a long time. If you haven’t heard from them, follow-up reminding them that you are still awaiting a response, and document every contact with the agency.

Also, if you are seeking information about a relatively-recent serious use of force, an agency has the right — but is not required — to temporarily withhold the relevant documents if there is an ongoing criminal or administrative investigation that could be harmed by the release of these documents.¹² How long the agency can withhold depends on whether investigation is criminal or just administrative, but in most cases it cannot withhold longer than 18 months after the incident occurred. If criminal charges are filed, the material can be withheld until the criminal case has ended.¹³

What do I do if the law enforcement agency does not respond?

Every agency is required by law to respond and produce relevant, non-confidential documents that they do not otherwise have the right to withhold. If they have records that they need to disclose and do not, they are in violation of the law. You should first follow-up with the agency in writing and continue to request the documents. If they still do not respond, you can enforce your right to this information by bringing a lawsuit in Superior Court. If you win your challenge the agency can be required to pay your attorneys’ fees.¹⁴ So, you may be able to find a lawyer to represent you on contingency, who will get paid only if you collect the fees from your lawsuit.

1. Cal. Penal Code §832.7(b)(1)(A)(i)-(ii).

2. Cal. Penal Code §832.7(b)(1)(B)(i)-(ii).

3. Cal. Penal Code §832.7(b)(1)(C).

4. Cal. Penal Code §832.7(b)(8); 832.8(b).

5. Cal. Penal Code §832.7(b)(5)-(6).

6. See Cal. Penal Code §832.7(b)(2) for the full list of example documents that you can access under this law.

7. Cal. Gov’t Code §6253.1(a).

8. Cal. Gov’t Code §6253.9(a)(2), (b).

9. Gov’t Code § 6253(d).

10. No. S252445, __ P.3d. ___ (May 28, 2020)

11. Cal. Gov’t Code §6253(c).

12. Cal. Gov’t Code §832.7(b)(7).

13. Cal. Gov’t Code §832.7(b)(7)(B).

14. Cal. Gov’t Code §6259(d).

cited https://www.aclusocal.org/en/know-your-rights/access-ca-police-records

THE LAW SB1421 code is here

If you would like to learn more about Chapter 289 – Peace Officers and Other Law Enforcement Personnel which is their guidelines to give you a broader understanding of their side chapter-289-peace-officers-and-other-law-enforcement-personnel/

More access also below

Section 832.7 – Peace officer or custodial officer personnel records

Senate Bill No. 1421 – California Public Records Act

Assembly Bill 748 Makes Video Evidence Captured by Police Agencies Subject to Disclosure as Public Records

SB 2, Creating Police Decertification Process and Expanding Civil Liability Exposure

California Senate Bill 16 (SB 16) – 2023-2024 – Peace officers: Release of Records

The Right To Know: How To Fulfill The Public’s Right Of Access To Police Records

PUBLIC RECORDS REQUEST CONTACTS for Los Angeles County (click here for media policy)

How Access to California Police Records

Los Angeles County Sheriff’s Department SB-1421 Records

Obtaining a Report from LASD Records (You, 3rd party or consel can obtain)

SEARCH SB-1421 SB-16 Incidents of LA County, Oakland

 SB1421 – Form Access to California Police Records

California Statewide CPRA Requests Submit a CPRA Request 

DUE PROCESS READS>>>>>>

Due Process vs Substantive Due Process learn more HERE

Understanding Due Process  – This clause caused over 200 overturns in just DNA alone Click Here

Mathews v. Eldridge – Due Process – 5th, & 14th Amendment

 Mathews Test – 3 Part Test– Amdt5.4.5.4.2 Mathews Test

“Unfriending” Evidence – 5th Amendment

At the Intersection of Technology and Law

What Is Traversing a Warrant (a Franks Motion)?

Dwayne Furlow v. Jon Belmar – Police Warrant – Immunity Fail – 4th, 5th, & 14th Amendment

Obstruction of Justice and Abuse of Process

What Is Considered Obstruction of Justice in California?

Penal Code 135 PC – Destroying or Concealing Evidence

Penal Code 141 PC – Planting or Tampering with Evidence in California

Penal Code 142 PC – Peace Officer Refusing to Arrest or Receive Person Charged with Criminal Offense

Penal Code 182 PC – “Criminal Conspiracy” Laws & Penalties

Penal Code 664 PC – “Attempted Crimes” in California

Penal Code 32 PC – Accessory After the Fact

Penal Code 31 PC – Aiding and Abetting Laws

What is Abuse of Process? 

What is a Due Process Violation? – 4th Amendment & 14th Amendment

What’s the Difference between Abuse of Process, Malicious Prosecution and False Arrest?

Defeating Extortion and Abuse of Process in All Their Ugly Disguises

The Use and Abuse of Power by Prosecutors (Justice for All)

ARE PEOPLE LYING ON YOU?
CAN YOU PROVE IT? IF YES…. THEN YOU ARE IN LUCK!

Penal Code 118 PC – California Penalty of “Perjury” Law

Federal Perjury – Definition by Law

Penal Code 132 PC – Offering False Evidence

Penal Code 134 PC – Preparing False Evidence

Penal Code 118.1 PC – Police Officer$ Filing False Report$

Spencer v. Peters– Police Fabrication of Evidence – 14th Amendment

Penal Code 148.5 PC –  Making a False Police Report in California

Penal Code 115 PC – Filing a False Document in California

 Under 42 U.S.C. $ection 1983 – Recoverable Damage$

42 U.S. Code § 1983 – Civil Action for Deprivation of Right$

18 U.S. Code § 242 – Deprivation of Right$ Under Color of Law

18 U.S. Code § 241 – Conspiracy against Right$

Section 1983 Lawsuit – How to Bring a Civil Rights Claim

 Suing for Misconduct – Know More of Your Right$

Police Misconduct in California – How to Bring a Lawsuit

How to File a complaint of Police Misconduct? (Tort Claim Forms here as well)

Deprivation of Rights – Under Color of the Law

What is Sua Sponte and How is it Used in a California Court? 

Removing Corrupt Judges, Prosecutors, Jurors
and other Individuals & Fake Evidence from Your Case 

Anti-SLAPP Law in California

Freedom of Assembly – Peaceful Assembly – 1st Amendment Right

How to Recover “Punitive Damages” in a California Personal Injury Case

Pro Se Forms and Forms Information(Tort Claim Forms here as well)

What is Tort?

Tort Claims Form
File Government Claim for Eligible Compensation

Complete and submit the Government Claim Form, including the required $25 filing fee or Fee Waiver Request, and supporting documents, to the GCP.

See Information Guides and Resources below for more information.

Tort Claims – Claim for Damage, Injury, or Death (see below)

Federal –  Federal SF-95 Tort Claim Form Tort Claim online here or download it here or here from us

California – California Tort Claims Act – California Tort Claim Form Here or here from us

Complaint for Violation of Civil Rights (Non-Prisoner Complaint) and also UNITED STATES DISTRICT COURT PDF

Taken from the UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Forms source

WRITS and WRIT Types in the United States

Can I Use Text Messages in My California Divorce?

Two-Steps And Voila: How To Authenticate Text Messages

How Your Texts Can Be Used As Evidence?

California Supreme Court Rules:
Text Messages Sent on Private Government Employees Lines
Subject to Open Records Requests

case law: City of San Jose v. Superior Court – Releasing Private Text/Phone Records of Government  Employees

Public Records Practices After the San Jose Decision

The Decision Briefing Merits After the San Jose Decision

Rules of Admissibility – Evidence Admissibility

Confrontation Clause – Sixth Amendment

Exceptions To The Hearsay Rule – Confronting Evidence

Prosecutor’s Obligation to Disclose Exculpatory Evidence

Successful Brady/Napue Cases – Suppression of Evidence

Cases Remanded or Hearing Granted Based on Brady/Napue Claims

Unsuccessful But Instructive Brady/Napue Cases

ABA – Functions and Duties of the Prosecutor – Prosecution Conduct

Frivolous, Meritless or Malicious Prosecution – fiduciary duty

Section 832.7 – Peace officer or custodial officer personnel records

Senate Bill No. 1421 – California Public Records Act

Assembly Bill 748 Makes Video Evidence Captured by Police Agencies Subject to Disclosure as Public Records

SB 2, Creating Police Decertification Process and Expanding Civil Liability Exposure

The Right To Know: How To Fulfill The Public’s Right Of Access To Police Records

How Access to California Police Records

Los Angeles County Sheriff’s Department SB-1421 Records

 SB1421 – Form Access to California Police Records

California Statewide CPRA Requests Submit a CPRA Request 

Electronic Audio Recording Request of OC Court Hearings

Here is the Public Records Service Act Portal for all of CALIFORNIA Click Here

Police BodyCam Footage Release

GRANDPARENT CASE LAW 

Do Grandparents Have Visitation Rights? If there is an Established Relationship then Yes

Third “PRESUMED PARENT” Family Code 7612(C) – Requires Established Relationship Required

Cal State Bar PDF to read about Three Parent Law –
The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf

Distinguishing Request for Custody from Request for Visitation

Troxel v. Granville, 530 U.S. 57 (2000) – Grandparents – 14th Amendment

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

9.32 Particular Rights – Fourteenth Amendment – Interference with Parent / Child Relationship

Child’s Best Interest in Custody Cases

When is a Joinder in a Family Law Case Appropriate? – Reason for Joinder

Joinder In Family Law Cases – CRC Rule 5.24

GrandParents Rights To Visit
Family Law Packet OC Resource Center
Family Law Packet SB Resource Center

Motion to vacate an adverse judgment

Mandatory Joinder vs Permissive Joinder – Compulsory vs Dismissive Joinder

When is a Joinder in a Family Law Case Appropriate?

Kyle O. v. Donald R. (2000) 85 Cal.App.4th 848

Punsly v. Ho (2001) 87 Cal.App.4th 1099

Zauseta v. Zauseta (2002) 102 Cal.App.4th 1242

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

Ian J. v. Peter M

Download Here this Recommended Citation