Procedure 323-Release of Police Records Flashcards Preview

General Manual Procedures > Procedure 323-Release of Police Records > Flashcards

Flashcards in Procedure 323-Release of Police Records Deck (29):
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.01 This procedure establishes a process for the accountability and responsibility of the release of records by the...

Records Office of the San Antonio Police Department.

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.01 This procedure protects the integrity of the Department and safeguards the...

rights of private citizens from unlawful intrusion.

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.03 A. Requests that should be FORWARDED immediately to the Custodian of Records, or an assigned designee.

Written requests for POLICE records, other than by subpoena or by a Department EMPLOYEE in his official capacity,

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.03 B. Requests that should be REFERRED to the Custodian of Records.

Verbal requests for records.

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.03 C. Performed exclusively by the Custodian of Records, or an assigned designee, at the Headquarters Building or one of the decentralized sites.

The sale of records to the public

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.04 A. Will, as soon as possible, forward the subpoena to the SAPD Legal Advisor’s Office for review.

PERSONNEL served with a subpoena duces tecum issued by any entity other than the San Antonio City Attorney’s Office or the Bexar County District Attorney’s Office.

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.04 B. Will immediately contact the SAPD Legal Advisor’s Office, as such a subpoena requires an immediate response.

PERSONNEL ordered to produce records by way of a subpoena INSTANTER.

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.04 C. When all subpoenas, including those issued by the San Antonio City Attorney’s Office, are forwarded to the SAPD Legal Advisor’s Office for review.

When the information sought by subpoena includes PERSONNEL records, as opposed to POLICE records,

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0.4 C1. Will determine the validity of the subpoena and will advise the DEPARTMENT regarding the release of the records sought.

The Legal Advisor’s Office

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.04 C2. The assistance of the Legal Advisor’s Office may include the filing of a...

motion to quash a subpoena.

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.04 D. The Legal Advisor’s Office SHOULD be CONSULTED with regard to this issue if a question arises.

Personnel ordered by subpoena to produce police records are required to produce only those records in their actual or constructive possession.

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.05 A. (__) may obtain a copy of their reports from the (__ __) for incidents they were involved in during the official discharge of their duties, or that they are assigned to investigate, at (__ __).

(Officers) (Records Office) (no charge)

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.05 B. Officers may review criminal history checks and obtain mug shots of individuals they are investigating as...

part of their assigned duties as a San Antonio Police Officer.

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.05 B. Actual copies of the criminal histories, fingerprint cards, and supplemental reports are only made available to...

follow-up unit detectives or designated follow-up unit personnel.

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.05 C. Officers seeking to view a follow-up unit case file must obtain permission from the...

follow-up unit SUPERVISOR DESIGNATED as being responsible for the case file.

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.05 C. If the officer making the request has a legitimate police reason for viewing the case file, the...

follow-up unit MEMBER responsible for the case file will provide the officer access to the case file.

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.05 D. Shall be denied access and shall be referred to the Custodian of Records regarding their request.

Any personnel seeking access to a FILE for personal use.

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.06 A. These are treated as open record requests and should be forwarded or referred, as applicable, to the Custodian of Records.

Personnel requesting RECORDS for their personal use.

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.06 B. Shall pay the required fee for the records.

Personnel obtaining records for their personal use.

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.06 C. Shall not access departmental records for use in the off-duty work capacity.

Personnel working off-duty as private investigators, consultants, professional witnesses, security officers, or in any other off-duty capacity

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.07 A. The official Custodian of Records for the SAPD.

The Administrative Services Manager of Records Office.

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.07 A. Considering the sensitive nature of records under their control, it is necessary to ensure that access to this area is...

controlled and recorded,

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.07 A. If necessary to go inside the Records Office, all personnel will either...

sign in at the Security Desk or gain entry
using their electronic identification card.

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.07 B. 1. During Normal Business Hours (0800 to 1600 hrs) The Security Desk personnel will no longer...

“buzz” personnel into the Records Office.

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.07 B. 2. Requests for police records during normal business hours must be made at the...

front counter window (denoting LAW ENFORCEMENT ONLY)

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.07 B. 3. During normal business hours cashiers will assist with requests or access will be granted for entry into the...

Records Office where someone will personally assist you.

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.07 B. 4. During normal business hours records office staff members will provide...

law enforcement personnel with the police records they are authorized to receive.

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.07 C. 1. Members requiring access to the Records Office after hours (1600 to 0800) will be required to...

complete the log located at the Security Desk.

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.07 C. 2. After Normal Business Hours (1600 to 0800 ) the Security Desk Personnel will...

contact someone within the Records Office to assist with records requests.

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