Skip to content
CapRadio

CapRadio

listen live donate
listen live donate
listen live
donate
  • News
    • News

    • State Government
    • Environment
    • Health Care
    • Race and Equity
    • Business
    • Arts and Lifestyle
    • Food and Sustainability
    • PolitiFact California
    News
    • News

    • State Government
    • Environment
    • Health Care
    • Race and Equity
    • Business
    • Arts and Lifestyle
    • Food and Sustainability
    • PolitiFact California
  • Music
    • Music

    • Classical
    • Jazz
    • Eclectic

    • Daily Playlist
    Music
    • Music

    • Classical
    • Jazz
    • Eclectic

    • Daily Playlist
  • Podcasts & Shows
  • Schedules
  • Events
  • Support
    • Support
    • Ways to support
    • Evergreen Donation
    • One-Time Donation
    • Corporate Sponsorship
    • Vehicle Donation
    • Stock Giving
    • Legacy Giving
    • Endowment Support
    • Members
    • Member Benefits
    • Member FAQ
    • Member Newsletter

    • Fund drives
    • Drawing Winners
    • Thank You Gifts
    Support
    • Support
    • Ways to support
    • Evergreen Donation
    • One-Time Donation
    • Corporate Sponsorship
    • Vehicle Donation
    • Stock Giving
    • Legacy Giving
    • Endowment Support
    • Members
    • Member Benefits
    • Member FAQ
    • Member Newsletter

    • Fund drives
    • Drawing Winners
    • Thank You Gifts
  • About
  • Close Menu
 We Get Support From:
Become a Supporter 
 We Get Support From:
Become a Supporter 

California Court: Old Police Misconduct Records Are Public

Tuesday, April 2, 2019 | Sacramento, CA
Andrew Nixon / CapRadio

Sacramento Police Department officers wear body cameras.

Andrew Nixon / CapRadio

(AP) — Law enforcement agencies in California must release police misconduct records even if the behavior occurred before a new transparency law took effect, a state court of appeals has ruled.

The 1st District Court of Appeal's decision released Friday settles for now a debate over whether records created before Jan. 1, when the law took effect, were subject to disclosure. Many police unions have sued to block the records release, while public information advocates argued the records should be disclosed.

The ruling applies to police agencies statewide, including the attorney general's office, unless another appellate court steps in and rules differently, said David Snyder of the First Amendment Coalition.

"These records are absolutely essential for the public to be able to see what the police departments are doing with respect to police misdoubt," said Snyder, whose group intervened in the case. "These agencies have enormous power over Californians and so transparency of those agencies is absolutely essential in order to be able to hold them accountable."

Attorneys for the Walnut Creek Police Officers Association, who sought to block the records, did not immediately respond to requests for comment.

California lawmakers voted last year to require police agencies to release records on police shootings and officer misconduct to the public. Police unions had sought to block old records, with some law enforcement agencies even destroying them. Attorney General Xavier Becerra also declined to release records from his office, saying the intent of the law was up for debate in the courts.

For now, the appeals court has settled it, first ruling on March 12 but only making the opinion public Friday.

The rulings by a panel of three justices said the old records can be released because the action triggering their release — a request for public information by reporters or others — occurs after Jan. 1. The justices also noted the release of the records does not change the legal consequences for officers already found to have engaged in misconduct.

"The new law changes only the public's right to access peace officer records," the justices wrote.


Follow us for more stories like this

CapRadio provides a trusted source of news because of you.  As a nonprofit organization, donations from people like you sustain the journalism that allows us to discover stories that are important to our audience. If you believe in what we do and support our mission, please donate today.

Donate Today  

    Related Stories

  • Rich Pedroncelli / AP Photo

    Judge Orders AG To Release Pre-2019 Police Misconduct Files

    Friday, May 17, 2019
    (AP) — A San Francisco judge has ordered California's attorney general to release police misconduct records predating Jan. 1, when new transparency legislation took effect.
  • Aric Crabb / Bay Area News Group

    Even With New Disclosure Law, Fight Continues To Unseal California’s Secret Police Files

    Tuesday, March 19, 2019
    A coalition of over 30 news organizations, including CapRadio, has made requests to 675 police agencies in all 58 California counties since Jan. 1. It’s not just journalists who are seeking out these records, however.
  • Rich Pedroncelli / AP Photo

    First Amendment Group Sues State AG Over Withholding Police Records

    Thursday, February 14, 2019
    A Bay Area-based First Amendment group is suing the California attorney general and Department of Justice, looking to force the release of law enforcement misconduct and shooting information unsealed by a new state law.
  • omaskybukhariev / Flickr

    California Justices Deny Challenge To New Police Records Law

    Wednesday, January 2, 2019
    (AP) — The California Supreme Court on Wednesday denied a last-minute challenge to a state law that opens police records to the public and eases what currently is one of the nation's most secretive police privacy laws.
  • Andrew Nixon / Capital Public Radio

    Californians Will Have Access To Police Use-Of-Force Records Under New Law

    Wednesday, January 2, 2019
    A California law that took effect Jan. 1 allows public access to police records in use-of-force cases, and to sustained investigations into on-the-job dishonesty or sexual assault.

Sign up for ReCap and never miss the top stories

Delivered to your inbox every Friday.

 

Check out a sample ReCap newsletter.

Thanks for subscribing!

Thank you for signing up for the ReCap newsletter! We'll send you an email each Friday with the top stories from CapRadio.

Browse all newsletters

More Stories

AP Photo/Gregory Bull, File

California, other states reach impasse over Colorado River

February 2, 2023

Aaron Kehoe/AP

Backed by Newsom, California Democrats revive changes to state concealed carry law

February 1, 2023

Lachlan Cunningham/Getty Images

He was picked last in the 2022 draft. Now he's key to the 49ers' Super Bowl hopes

January 28, 2023

Most Viewed

California ends plans for kids’ Covid vaccine mandate

California coronavirus updates: COVID-19 pandemic has shifted people's finances

10 new California laws that go into effect in 2023

Sacramento Council approves armored vehicle for police despite opposition to military equipment purchase

Still testing positive after day 10? How to decide when to end your COVID isolation

We Get Support From:
Become a Supporter

Most Viewed

California ends plans for kids’ Covid vaccine mandate

California coronavirus updates: COVID-19 pandemic has shifted people's finances

10 new California laws that go into effect in 2023

Sacramento Council approves armored vehicle for police despite opposition to military equipment purchase

Still testing positive after day 10? How to decide when to end your COVID isolation

Back to Top

  • CapRadio

    7055 Folsom Boulevard
    Sacramento, CA 95826-2625

    •  
      (916) 278-8900
    •  
      (877) 480-5900
    •  Contact / Feedback
    •  Submit a News Tip
  • About

    • Mission / Vision / Core Values
    • Stations & Coverage Map
    • Careers & Internships
    • Staff Directory
    • Board of Directors
    • Press
  • Listening Options

    • Mobile Apps
    • Smart Speakers
    • Podcasts & Shows
    • On-Air Schedules
    • Daily Playlist
    • Signal Status
  • Connect

    •  Facebook
    •  Twitter
    •  Instagram
    •  YouTube
  • Donate

  • Listen Live

  • Newsletters

CapRadio stations are licensed to California State University, Sacramento. © 2023, Capital Public Radio. All Rights Reserved. Privacy Policy | Website Feedback FCC Public Files: KXJZ KKTO KUOP KQNC KXPR KXSR KXJS. For assistance accessing our public files, please call 916-278-8900 or email us.