Policy Text
San Francisco Police Department 3.16
GENERAL ORDER Rev. 12/12/18
RELEASE OF POLICE REPORTS
3.16.01
POLICY
This order is drafted to comply with the Public Records Act, California Government
Code Section 6254, et seq., the San Francisco Sunshine Ordinance, Administrative Code,
Chapter 67, and other applicable state and local laws. These statutes embody a policy of
releasing information unless release would endanger citizens, law enforcement personnel
or a law enforcement investigation, or constitute an unnecessary invasion of privacy. This
means that arrest, accident and incident reports must be released unless the disclosure
would cause the dangers mentioned in the law. In all cases, the burden is on the
Department to justify nondisclosure.
3.16.02
PROCEDURES
A. INFORMATION WHICH MAY BE WITHHELD. The Department may withhold
nos. 1 - 8 below, except that release shall occur where, upon weighing the public
interest for and against disclosure, the public interest favors disclosure. If documents
are withheld, the Department must explain in factual terms how the public interest
would be harmed. [S.F. Admin. Code §67.27 (a)]. The information in nos. 9-12 shall
not be release.
1. Information that would endanger the safety of a person involved in an investigation.
(Cal Gov. Code 6254 (f))
2. Information that would endanger law enforcement personnel. (S.F. Admin Code,
§ 67.24 (d))
3. Information that would endanger the successful completion of an investigation, but
only when the prospect of enforcement proceedings is concrete and definite. (Cal. Gov .
Code 6254 (f))
4. Secret investigative techniques or procedures where, on the facts of the case, the public
interest in nondisclosure clearly outweighs the public interest served by disclosure.
(S.F. Admin Code, § 67.24 (d); Cal. Gov . Code § 6255)
5. Information regarding the identity of confidential informants. (Cal. Gov . Code 6254
(f),6255; S.F. Admin. Code, § 67.24 (d))
6. The name of any victim of a sexual assault who specifically requests that it not be
disclosed. (Cal. Gov . Code 6254 (f) (2)), DGO 6.16, Sexual Assaults)
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7. Medical or other information constituting an unwarranted invasion of privacy. (Cal.
Gov. Code 6254 (c); S.F. Admin. Code, § 67.25 (d))
8. The name and address of any person detained pursuant to Welfare and Institutions
Code Section 5150 where disclosure would constitute an unwarranted invasion of
privacy. (Cal. Gov . Code 6254 (c))
9. The name or address of a juvenile who is a suspect or who has been arrested or
detained, or any information which might lead to the identity of a juvenile who is a
suspect or who has been arrested or detained may not be released without a court
order. (TNG v. Superior Court (1971) 4 C.3d 767).
10. Vehicle collision reports involving death or personal injury except as provided
by California Vehicle Code Section 20012 (see DGO 9.02, Vehicle Accidents).
11. Any report regarding child abuse made confidential by Penal Code Sections
11167 and 11167.5, or any report regarding assaultive or abusive conduct
made confidential by Penal Code Section 11163.2 (b).
12. The address of any victim of a sexual assault. (Cal. Gov . Code 6254 (f) (2))
B. INFORMATION THAT MUST BE RELEASED.
1. RELEASING REPORTS PURSUANT TO FAMILY CODE § 6228. The Department
shall release reports to the victim, or their representative, of domestic violence, sexual
assault, stalking, human trafficking, or abuse of an elder or dependent adult no later
than five working days from the date of the request unless the Department informs the
victim or their representative the reasons why, for good cause, the incident report is
not available, in which case, the incident report shall be released no later than ten
working days after the request is made. (California Family Code § 6228). If the
request is not from the victim or their representative or otherwise does not meet the
statutory requirements of Family Code § 6228, reports shall be examined as set forth
in Section B.2.
2. DURING THE PENDENCY OF AN INVESTIGATION OR PROSECUTION. The
Department retains the discretion to withhold incident reports and other documents
during the pendency of an investigation. The following information, however, must be
released, so long as release is not prohibited in Section A above.
a. Information that must be released to the public.
(1) Individual arrested, including name address, occupation, physical description.
(2) Facts surrounding arrest, including, but not limited to, time and date of arrest
and booking, location of the arrest, amount of bail, location of arrestee or time
and manner of release.
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(3) Charges brought, including outstanding warrants and parole or probation holds.
(4) Time, substance and location of all complaints or requests for assistance and
time and nature or response thereto, including, where an incident report has
been made, the time, date and location of occurrence,