Procedure 323-Release of Police Records Flashcards
.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.
.01 This procedure protects the integrity of the Department and safeguards the…
rights of private citizens from unlawful intrusion.
.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,
.03 B. Requests that should be REFERRED to the Custodian of Records.
Verbal requests for records.
.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
.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.
.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.
.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,
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
.04 C2. The assistance of the Legal Advisor’s Office may include the filing of a…
motion to quash a subpoena.
.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.
.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)
.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.
.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.
.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.