We reviewed your request to the Los Angeles Police Department (the Department) made pursuant to the California Public Records Act (the Act) for a police report and six pack gang line-up.
The Department is cognizant of its responsibilities under the Act. It recognizes the statutory scheme was enacted to maximize citizen access to the workings of government. The Act does not mandate disclosure of all documents within the government’s possession. Rather, by specific exemption and reference to other statutes, the Act recognizes that there are boundaries where the public’s right to access must be balanced against such weighty considerations as the right of privacy, a right of constitutional dimension under California Constitution, Article 1, Section 1. The law also exempts from disclosure records that are privileged or confidential or otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(b); 6254(c); 6254(f); 6254(k); and 6255.
To the extent that you are seeking records that you believe you are entitled to as a criminal defendant, but which are exempt from disclosure to the public under the Act, we would direct you to request such information from the prosecution pursuant to the procedures described in Penal Code Section 1054 et seq. Pursuant to state law, these procedures constitute the exclusive means by which to obtain discovery in a criminal case. The Department will cooperate with both the prosecutor and the court with respect to any proper request for criminal discovery.
To the extent that any responsive records exist, they are either investigatory records themselves, or properly part of an investigative file; therefore, your request is denied. The information you are requesting may be obtained by submitting your request to:
Los Angeles County District Attorney’s Office
Post-Conviction Litigation and Discovery
Hall of Records
320 W. Temple Street Room 540
Los Angeles, CA 90012
Any correspondence concerning this matter should include a copy of this letter or reference File #NR20-3078 and be directed to the Los Angeles Police Department, Discovery Section, P.O. Box 30158, Los Angeles, CA 90030.
LAD Discovery, CPRA Unit