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  1. #1
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    Mar 2011
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    Default How to Obtain Records of a Homicide Investigation

    My question involves criminal records for the state of: California

    This is a two-part question:

    1 Does LAPD keep records of murder investigations it made in 1980?
    2 May a citizen see so old a record and, if so, how does he/she go about doing so?

  2. #2
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    Default Re: Record of Lapd Murder Investigation 1980

    They should have the records in an unsolved case storage area. I'm sure someone local will comment soon.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  3. #3
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    Default Re: How to Obtain Records of a Homicide Investigation

    Quote Quoting John Truman
    View Post
    My question involves criminal records for the state of: California

    This is a two-part question:

    1 Does LAPD keep records of murder investigations it made in 1980?
    2 May a citizen see so old a record and, if so, how does he/she go about doing so?
    Make a request per the CPRA:

    http://www.lapdonline.org/i_want_to_...sic_view/36329
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  4. #4
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    Mar 2011
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    53

    Default Re: How to Obtain Records of a Homicide Investigation

    Thanks. I've noted the link.

  5. #5
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    May 2012
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    126

    Default Re: How to Obtain Records of a Homicide Investigation

    Homicide cases stay open and assigned to someone as long as there's no legal "disposition".......if you ask to see the case file on an open homicide you will become part of the investigation.

  6. #6
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    Default Re: How to Obtain Records of a Homicide Investigation

    Quote Quoting pat2899
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    Homicide cases stay open and assigned to someone as long as there's no legal "disposition".......if you ask to see the case file on an open homicide you will become part of the investigation.
    Huh?

    Says who?

    In theory, pursuant to the Government Code, they can be permitted to see an inactive case file without providing even their name.

    If open, a member of the public is generally not going to be permitted to see the case file. They might be permitted to see some of it, but not all or even most of it. This partial release of information is a tactic used in some cold case investigations as sometimes people nosing around can stir leads loose.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  7. #7
    Join Date
    May 2012
    Posts
    126

    Default Re: How to Obtain Records of a Homicide Investigation

    I don't know what government code your talking about - an open case even if its a dog bite case is not subject to any kind of sunshine - I've investigated about 2000 suspicious deaths and homicides and where I worked you couldn't even enter the building without identifying yourself.....and if you ask to know anything about an open homicide you will be interviewed and mentioned in the report.

    You could review the original blotter entry......IE, "Joe Balls reports finding an apparent dead body in rest area" In order to do that you would have to identify yourself and make an appointment to see the entry. I have had homicide cases where a U haul truck was needed to transport the case file and attachments to court appearances......what part would I let a person review. I'm not talking about discovery.

  8. #8
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    Default Re: How to Obtain Records of a Homicide Investigation

    Pat, you need to stop posting nonsense on subjects you know nothing about. People don't want to have to clean up after you.

  9. #9
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    May 2012
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    126

    Default Re: How to Obtain Records of a Homicide Investigation

    There is no category of homicide investigation known as "inactive", all "Open" Homicides are assigned to someone to investigate - there is no statue of limitations on a homicide consequently unless some other acceptable disposition is reached it stays "open".....all open Homicides are assigned to a Person by name and shield number - when an assigned investigator retires or dies the case is re-assigned, usually a FNG (freaking new guy). There is this agency in Washington DC called the US Justice Department that keeps national statistics on all reported crimes from choking ones chicken to Homicides and the current status of every one of them.
    Everything's different in California (18 billion dollars in Debt) but in NY if you come into a police station and say you'd like to peruse an open Homicide, unless you have a gold badge with fancy writing on it you're liable to have a bad day.

  10. #10
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    Sep 2005
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    Default Re: How to Obtain Records of a Homicide Investigation

    I'll expand on a little bit of what Pat tried to opine on in his experience working with "2000 suspicious deaths and homicides." While I cannot be sure what his involvement might have been or even what state this might have been in, this is not the way it tends to work in CA - which is also the state the OP resides in.

    Pat indicated that an open case of any kind - even a dogbite - "is not" open to public inspection. In CA this is not necessarily true. An agency can certainly cite an investigatory exception articulated under GC 6254(f) to deny inspection of the record, but there is no law specifically prohibiting them from releasing the case whole or in part should they opt to (absent some other exception for juveniles, sex crimes, or other statutory exemptions from general release).

    Our state GC makes most every closed case subject to public inspection. It would be incumbent upon the agency holding the record to cite good cause for their exception under that same code (6254(f)) but in a closed case it becomes much harder unless you can argue threats of retaliation, etc.

    And, also pursuant to the GC, a request need not be made even in writing for inspection to be granted. Most agencies will ASK for this, and may TRY to deny the record if no written request is produced, but should the matter go before a court, the agency had best be able to argue a statutory exception or they will lose.

    I WILL agree that if someone wants to see an open case, the agency may very well ask a lot of questions and make the subject provide a lot of information before they release anything at all to him ... if they choose to let him look at the file or part of it at all. And, yes, they may very well look into the history of the person making this request. It might all depend on the individual case. But, there is no law in CA requiring that this information be provided in order to make the request.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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