How to Get a Responding Officer's Notes for a Domestic Violence Call, PC 166.4

[gabriel1226x]

My question involves restraining orders in the State of: California

hello, im looking to get the notes of an officer that responded to a call made by my ex stating that i was outside her home, when in fact she was lying in wait for me to show up to a friends house to call the police (she currently has the restraining order on me after she faked abuse on my part at lax airport). I need to get the notes in order to better plan my contempt of court and restraining order hearing that I have filed against her, as this is not the first time she has tried to file a false report, and trying to get me thrown in jail is her way to stop my case against her. Im a two striker and this could severly inpact my life, and that of our daughter that we have in common. She has now accused me of child molestation and twice she has tried to say i was parked in front of her house with intent to hurt her ( both times i have evidence that proves it could in no way have been me). I have witnesses that saw her park and wait for me to visit my friend, which she had her sister coeherce into not testifying against her. How can i get the notes and or a recording of the call she made to the sheriff department? Im looking into also filing a civil suit against her, and these notes would be gold. did i also mention that she made copies of my confidential psychiatric reports to turn into the DA of the current domestic violence case, as she works for the doctor that i recieved medical treatment for a work injury i suffered in 2008. this girl is going all out! i have a criminal defense attorney, but im being proactive.

[aardvarc]

If the officer actually wrote a report, then you should be able to get a copy of that report via the law enforcement agency's records division. If you want a tape of the 911 call, you can do a public records request, also via the law enforcement agency. Your attorney should already be planning to subpoena the call.

[cdwjava]

hello, im looking to get the notes of an officer that responded to a call made by my ex

Information entered into the computer aided dispatch system should be public record as should the recording of the 9-1-1 call (if one still exists). Recordings might be discarded in short order so you had best move fast if you want to try and preserve any phone recording. The reporting party, the location of the call, and the nature of the call are all public record in CA with few exceptions. A call to the police department should provide you with the process on how you can obtain that information.

If a report was generated then you may have to ask the police department if they will release the report. If they will not, you may have to seek it via subpoena ... provided you have a court case for which the details of the call might be relevant. Were you present and contacted by the police? Were you arrested for anything? If no one was contacted at the scene the police were called to it might be that no report was generated at all.


As for any psychiatric or medical records she might have, if they were obtained unlawfully your attorney MIGHT be able to get them excluded from any hearing, but that depends on details not mentioned here.

[gabriel1226x]

I was contacted by a sheriff at the scene, as i was the one that called the police as soon as i saw her waiting for me with her sister. they did not arrest me as i had independent witnesses to verify that i could not have been there when my ex stated i was. but they dont give a shit unless you have ass and tits, all he recommended was for me to get a restraining order on her.

yeah the police that i spoke to dont want to give me any info since they say im the suspect. i thought that it was public record too. i have already notified my attorney of this and she stated that she was going to look into it, but i know she is busy as well and i would like to do some work myself. i have the subpoena ready but i was looking to find out any other means to get this info. I hope that they still have these records. I think that those medical records fall under the hearsay rules as the doctor that did the reports will not be able to be called in as a witness. the weird thing is that the detectives that came to my house in dec. came to question me about me violating my restraining order over two months after the incident that my ex reported. its odd to me that they would take so long to question me on something that they would love to incarcerate me for. and it was three detectives.....

[AZDeputyClerk]

Certainly the official reports and transcripts of the 911 calls would be public record. Field notes may not fall under that classification, depending on the state laws.

[cdwjava]

I was contacted by a sheriff at the scene, as i was the one that called the police as soon as i saw her waiting for me with her sister. they did not arrest me as i had independent witnesses to verify that i could not have been there when my ex stated i was. but they dont give a shit unless you have ass and tits, all he recommended was for me to get a restraining order on her.

More likely, they did not arrest her because they could not articulate the probable cause necessary to show that she had committed a crime (false report to the police), or, she was not on scene and therefore they could not arrest her assuming they HAD probable cause.

Most the time, these matters are written up and forwarded to the DA for evaluation as these sorts of allegedly false allegations are, sadly, not uncommon.

yeah the police that i spoke to dont want to give me any info since they say im the suspect. i thought that it was public record too.

The nature of the call IS public record and subject to disclosure upon request pursuant to Government Code section 6254(f). The complaining party, the location, and the nature of the call are public record. The details of any investigation are not. That means that any "notes" or reports are not necessarily subject to ready disclosure even if the CAD entry might be.

i have the subpoena ready but i was looking to find out any other means to get this info.

Do you have a court case for which this information is a pertinent record? If not, then how will you get a subpoena?

I hope that they still have these records.

Written records such as reports, officer activity logs, and dispatch logs will likely exist for years. Tape recorded phone calls may last for 30 days ... sometimes less, often times longer.

I think that those medical records fall under the hearsay rules as the doctor that did the reports will not be able to be called in as a witness.

Maybe. I suppose it will depend on the purpose.

the weird thing is that the detectives that came to my house in dec. came to question me about me violating my restraining order over two months after the incident that my ex reported. its odd to me that they would take so long to question me on something that they would love to incarcerate me for. and it was three detectives.....

Why would they "love" to incarcerate you? Do you have a history of problems?

If they had any probable cause to believe you violated a domestic violence restraining order, you would have been arrested that night as PC 273.6 (violation of a DV restraining order) is a specifically articulated misdemeanor that we can arrest for based solely on probable cause without it having been committed in our presence. The detectives likely are following up on misdemeanor allegations as they get to them. Misdemeanors are not high priorities in agencies strapped for cash and manpower - or DA's offices in a similar situation.

[gabriel1226x]

where would go to obtain the call/recording she would have made when she supposedly saw me violate my court orders? the sheriff station? I do have a current case that would make this pertinent, I have filed for a restraining order against her after the responding officer and my criminal attorney highly suggested it, i was not going to so that we would have no issues regarding our visitation of our child in common, but it has been twice now that she has called the police for restraining order violations, and not to mention she has accused me of molesting our daughter (i took off our daughters shirt in the public library under the supervision of the baby sitter to put the shirt that i made for her, as im a screen printer. she had onesie under) as far as the restraining order violation that night, i had witnesses that were able to prove i was not there when she said i was so that is why they did not arrest me. hell hath no fury like a woman scorned!

[cdwjava]

where would go to obtain the call/recording she would have made when she supposedly saw me violate my court orders? the sheriff station?

If the Sheriff's office is the agency that handles dispatch, yes. In some counties an independent JPA runs the dispatch center, but most have their own. So, you call them and ask how you can obtain a copy of the recording. If they say you cannot, you may want to remind them of the California Public Records Act. They may require you fill out a written request and then they have 10 days to either provide it or reject it and cite the reason why.

I do have a current case that would make this pertinent, I have filed for a restraining order against her after the responding officer and my criminal attorney highly suggested it,

A restraining order will not prevent her from calling the police, it will just prevent her from contacting you or coming within a specified distance of you (or whatever related terms the court wants to apply).

as far as the restraining order violation that night, i had witnesses that were able to prove i was not there when she said i was so that is why they did not arrest me. hell hath no fury like a woman scorned!

And unless she admits that she made it up, if she simply says that she believed it was you driving by or hanging out, they cannot prove beyond a reasonable doubt that she made a knowingly false report to the police. Hence the reason she will not likely be prosecuted for it. But, it might be allowed in to the custody or TRO hearing for whatever reason might be relevant.

[gabriel1226x]

and if i have three independent witnesses that saw her park in front of her house to wait for me on the day that she supposedly was at her house? she also had her sister find these witneses and basicly told them to not testify ( I got pictures of her sister talking with them, I know for a fact that she does not know these people, and as soon as she did that, the witnesses no longer want to talk...) so im screwed then?

[cdwjava]

and if i have three independent witnesses that saw her park in front of her house to wait for me on the day that she supposedly was at her house? she also had her sister find these witneses and basicly told them to not testify ( I got pictures of her sister talking with them, I know for a fact that she does not know these people, and as soon as she did that, the witnesses no longer want to talk...) so im screwed then?

It might theoretically be possible, but if no one will confirm this account of events, and she insists that she saw you drive by her house earlier, or whatever, then prosecuting her will be tough.

Prosecution is not all that likely. Without witnesses or an admission, almost impossible. If these were not her friends what reason would they have to protect her?

The burden of proof for a civil matter is far less than that required for a criminal matter, so you may be able to use the info against her in a TRO hearing or in Family Court for custody and visitation where the tale might not be admissible at all in a criminal matter without corroboration. Your attorney should know how to use it ... if it can be used at all.