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  1. #1
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    Default How to Get Recordings of 911 Calls

    My question involves criminal records for the state of: California
    Our son was arrested due to a 911 call that was made by a person who is a pathological liar. All the constant bullying from this person, along with the arrest, upset him so much he took his life. We want the police records of the 911 call, and the arrest, but we are being told by the police records department that only the victim can get the records. There was no victim! Actually, our son was the victim, and now we are the victim! Any suggestions on how to proceed.

  2. #2
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    Default Re: Why Can't We Get the Arrest/911 Records? Is it legal to withhold them from us?

    Quote Quoting SusieSally
    View Post
    My question involves criminal records for the state of: California
    Our son was arrested due to a 911 call that was made by a person who is a pathological liar. All the constant bullying from this person, along with the arrest, upset him so much he took his life. We want the police records of the 911 call, and the arrest, but we are being told by the police records department that only the victim can get the records. There was no victim! Actually, our son was the victim, and now we are the victim! Any suggestions on how to proceed.
    What is it you hope to accomplish?

  3. #3
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    Jul 2015
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    Default Re: Why Can't We Get the Arrest/911 Records? Is it legal to withhold them from us?

    Just to know if we are correct that the police were lied to. The 911 caller continues to bully other people and I feel this person needs to know they can't continue to get away with their behavior. The police need to be made aware of this person so when they get calls involving this liar they can really look for the truth in the situation.

  4. #4
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    Default Re: Why Can't We Get the Arrest/911 Records? Is it legal to withhold them from us?

    Was you son ever prosecuted, or did he pass before the case was resolved?

  5. #5
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    Default Re: Why Can't We Get the Arrest/911 Records? Is it legal to withhold them from us?

    Quote Quoting SusieSally
    View Post
    My question involves criminal records for the state of: California
    Our son was arrested due to a 911 call that was made by a person who is a pathological liar. All the constant bullying from this person, along with the arrest, upset him so much he took his life. We want the police records of the 911 call, and the arrest, but we are being told by the police records department that only the victim can get the records. There was no victim! Actually, our son was the victim, and now we are the victim! Any suggestions on how to proceed.
    Did you submit a request in writing under the California Public Records Act (PRA) to the particular agency that has the records? Note that 911 call records might be kept by some other agency than the local police department that responded to the call. If you have not done that, then that is the first thing I suggest you try. Google the police department and the phrase “public records act” to see if that police department has specific information online for how to submit a PRA request for information. Some information from the arrest records and 911 call reords must be disclosed to you, but some of it may be exempt from disclosure. A lot depends on the details of what is in those records.

  6. #6
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    Sep 2005
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    California
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    Default Re: Why Can't We Get the Arrest/911 Records? Is it legal to withhold them from us?

    Quote Quoting SusieSally
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    My question involves criminal records for the state of: California
    Our son was arrested due to a 911 call that was made by a person who is a pathological liar.
    No, he was not arrested solely because of a 9-1-1 call. He was arrested because there was probable cause to believe that he committed some crime, NOT simply because a 9-1-1 caller said he did something. That call may have caused the officers to respond and make contact, but there would have to be more than that for the arrest.

    All the constant bullying from this person, along with the arrest, upset him so much he took his life. We want the police records of the 911 call, and the arrest, but we are being told by the police records department that only the victim can get the records. There was no victim! Actually, our son was the victim, and now we are the victim! Any suggestions on how to proceed.
    You can make a request pursuant to the California Public Records Act. If the agency refuses to release the information because they see it as an investigative file (and they probably will) you can then hire an attorney and take the matter before a court to seek an order to compel them to release the documents you seek. You might want to hire an attorney to assist in the matter ASAP because if they have not already preserved any 9-1-1 call it may be gone by the time this ever gets before a judge.

    - - - Updated - - -

    Quote Quoting SusieSally
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    Just to know if we are correct that the police were lied to. The 911 caller continues to bully other people and I feel this person needs to know they can't continue to get away with their behavior. The police need to be made aware of this person so when they get calls involving this liar they can really look for the truth in the situation.
    Unfortunately, the police are pretty much obligated to respond to this person's calls - bogus or not. No court is going to issue an order absolving the police of responding to a 9-1-1 call in some way. If the person misuses 9-1-1 and it can be shown that they are knowingly and intentionally misusing the system, they can be charged with a misdemeanor. Further, if it can be PROVEN (not merely suspected) that the person is telling knowing and intentional lies to the police, then the person knowingly and intentionally making a false report to the police can be charged with additional misdemeanor offenses. Unfortunately, proving an intentional falsehood is not all that easy ... being wrong, incorrect, or even misperceiving or misunderstanding things is not the same as a false report.

  7. #7
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    Jul 2015
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    Default Re: Why Can't We Get the Arrest/911 Records? Is it legal to withhold them from us?

    He was never before a judge because he took his life the following day. You are right about the call not being the sole reason for the arrest, the probable cause was he had prescription meds on him in an unmarked container, but didn't have the prescription on him. They did the DUI test and he passed it, but they still said because he had the meds (a prescribed opiate Vicodin) without the script, he was breaking the law. He had never been in trouble with the law in the past and only had a traffic violation. I believe the caller told the police they feared for their safety and the safety of others, because this 911 caller has done this to others as well. In fact, this person is trying to tell people that we are threatening but all those around know that he/she is the crazy one and he/she has mental issues (even a counselor told him/her that he/she needed to get more counseling but this person refuses to do so). We just really want to know what was said to create such fear in the officers (we do not blame them because they are just doing their job to protect the public and we feel they were led to believe our son could be a threat), yet we also feel the need to protect ourselves from this lunatic by having proof of his/her history in case this person should try to do this to us. I think we do need to hire a lawyer (criminal?) before any more time passes. Thank you for the input!

    - - - Updated - - -

    We did fill out a form with the police dept. requesting the records. All that came back was that they did receive a call with the time and date and the person's name blacked out. It was poorly blacked out and we could easily see the person's name and it was the person we suspected. We really don't know why the details are being kept so secret. We will have to hire an attorney to help us at this point. Thanks for the input.

  8. #8
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    California
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    Default Re: Why Can't We Get the Arrest/911 Records? Is it legal to withhold them from us?

    Quote Quoting SusieSally
    View Post
    You are right about the call not being the sole reason for the arrest, the probable cause was he had prescription meds on him in an unmarked container, but didn't have the prescription on him.
    That can be sufficient for an arrest right there. Having a prescription for the pills can be an affirmative defense, but the police would not have access to that info and it is not uncommon for an arrest to occur under those circumstances.

    I am honestly so very sorry that he took his life. But, I suspect there was a lot more going on in this poor man's life that contributed to his actions than a police contact. I'm guessing the medication (if prescribed) had something to do with his diagnosis?

    They did the DUI test and he passed it, but they still said because he had the meds (a prescribed opiate Vicodin) without the script, he was breaking the law.
    So, he was NOT charged with DUI? He was only charged with the possession of the prescription meds without a prescription?

    I believe the caller told the police they feared for their safety and the safety of others, because this 911 caller has done this to others as well.
    Sooo ... it is possible the caller reported a possible impaired driver? Or, a driver who was driving poorly, speeding, or some other issue?

    We just really want to know what was said to create such fear in the officers (we do not blame them because they are just doing their job to protect the public and we feel they were led to believe our son could be a threat),
    What makes you think that the officers were in "fear?" A report alleging that a person is driving erratically or impaired is something that the police take seriously, but, do not inherently "fear."

    yet we also feel the need to protect ourselves from this lunatic by having proof of his/her history in case this person should try to do this to us. I think we do need to hire a lawyer (criminal?) before any more time passes. Thank you for the input!
    If you are not a defendant, then a criminal lawyer does you no good. You should make a proper CPRA request for the info you seek, and, if denied (and much of it - or all of it, will likely be denied) you can pay that attorney to sue the agency to release it. However, keep in mind that such an attorney may well cost several thousand dollars and may advise you that the records you seek may well be covered under exceptions to the CPRA per the Government Code.

    Besides, that info may not help you at all, especially since the caller can still report possible crimes or suspicious activity to the police.

    We did fill out a form with the police dept. requesting the records. All that came back was that they did receive a call with the time and date and the person's name blacked out.
    Government Code section 6254 states that with some few exceptions, the name and address of witnesses or involved parties to an incident. This includes complaining parties. Now, if there is a reasonable belief of retaliation, or, the matter is an open investigation, that information can be withheld as an investigative file. If the agency refuses to release the info pursuant to the CPRA then you will have to sue them (at significant cost) to obtain this record.

    I have to ask, what do you really hope to gain by obtaining a record of the call with this guy's name on it? He's not going to be liable for your loss. You will not be able to prove that any future calls are groundless, or that any PAST ones were groundless unless you can prove that he knowingly and intentionally made it all up. You may well be spending a few thousand dollars just to confirm his name on a call log - a name that you already know.

  9. #9
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    Jun 2014
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    Default Re: Why Can't We Get the Arrest/911 Records? Is it legal to withhold them from us?

    I lost my son when he was 24. Even though the circumstances were different, it is natural to look for answers that aren't there. There is no one you can blame and nothing will bring him back. Have you looked into grief counceling for those that have lost children to suicide ?

    Anger is like a cancer and it eats away at you. Please don't let your anger at those you blame run and ruin the rest of your life. Your son wouldn't want that for you.

  10. #10
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    Sep 2005
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    California
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    Default Re: Why Can't We Get the Arrest/911 Records? Is it legal to withhold them from us?

    Agreed. It is common to look for answers and focus on external sources as the cause. Sadly, it seems to most often serve only to prolong the pain.

    I have an annual appointment with the family of a suicide victim as they always seek to pose a new theory or idea about their loved one's death. We reminisce, we go over the case, they pose implausible new theories, and I look into them as I can and we come right back to the conclusion the matter was a horrible tragedy.

    One of my closest friend's had a son who committed suicide at 22 and he went through much of the same things as you are likely going through - and M&G went through. I have seen how the pain took two years out of their life following his suicide, but, more importantly, it took two years of their daughter's life as well as they became obsessed with his death to the point of sometimes seemingly forgetting that they had another child.

    Please seek some help for your feelings and try not to dwell on assigning blame as that will not bring you any answers.

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