Information and Records
Basic Principle
- The Battlefield Police Department shall maintain records of all incidents reported to the Police Department, investigations, and arrest made in accordance with the Municipal Code, 120.130.
- All records will be kept secure including those an officer may have in his/her possession for investigative reasons
- Records are not open for public inspection. Requests for specific records may be made according to the guidelines in #4 of this policy
Open Records
- All incident reports and arrest reports shall be open records unless listed otherwise
Closed Records
- Juvenile Records - see Juvenile Information/Records below
- Notwithstanding any other provision of law other than the provisions of 120.130(C) or Section 320.083, RSMo. [fire investigations] investigative reports of the Police Department are closed records until the investigation becomes inactive
- If any person is arrested and not charged with an offense against the law within thirty (30) days of the person's arrest, the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed and except as provided in Section 120.150.
- If any portion of a record, other than an arrest report, which would otherwise be open, contains information that is reasonably likely to:
- pose a clear and present danger to the safety of any victim, witness, undercover officer or other person;
- or jeopardize a criminal investigation, including records which would disclose the identity of a source wishing to remain confidential or a suspect not in custody;
- or which would disclose techniques, procedures or guidelines for Police Department investigations or prosecutions that portion of the record shall be closed
- Any person, attorney for a person, or insurer of a person involved in any incident or whose property is involved in an incident may obtain any records closed pursuant to this Section or Section 120.150 for purposes of investigation of any civil claim or defense as provided by this Subsection.
- Any individual, his/her attorney or insurer involved in an incident or whose property is involved in an incident, upon written request, may obtain a complete unaltered and unedited incident report concerning the incident and may obtain access to other records closed by the Police Department pursuant to this Section [120.150].
- Within thirty (30) days of such request, the Police Department shall provide the requested material or file a motion pursuant to this Subsection with the Circuit Court having jurisdiction over the Police Department stating that the safety of the victim, witness or other individual cannot be reasonably ensured, or that a criminal investigation is likely to be jeopardized.
- Any criminal justice related agency may obtain closed records for legitimate investigative purposes
- The victim of an offense as provided in Chapter 566, RSMo.[sex offenses], may request that his/her identity be kept confidential until a charge relating to such incident is filed
- Records required to be closed shall not be destroyed [120.105]
- They shall be inaccessible to the general public and to all persons other than the defendant except as provided in 120.150 and Section 43.507, RSMo.
- The closed records shall be available to: criminal justice agencies...
Request for Records, 120.250
- A criminal justice agency receiving a request for criminal history information under its control may require positive identification, to include fingerprints of the subject of the record search, prior to releasing closed record information.
- A person (other than criminal justice agencies) requesting records will do so in writing and pay a minimum two dollar fee to the City Collector
- Any criminal justice related agency may obtain records for legitimate investigative purposes at no cost
- Respond no later than third business day after request is received (RSMo 610.023.3) - could respond with information about it will take longer, costs, etc.
Juvenile Information/Records
- 211.321. 3. Peace officers' records...of children shall be kept separate from the records of persons seventeen years of age or over and shall not be open to inspection or their contents disclosed, except by order of the court.
- This subsection does not apply to children who are transferred to courts of general jurisdiction as provided by section 211.071 or to juveniles convicted under the provisions of sections 578.421 to 578.437, RSMo.
- Do not release the identity of juvenile victims, witnesses, suspects, and subjects
- Once a case has been completed a parent/guardian may obtain a copy of an incident report
Restricted Information
Do not release: (Missouri Rules 3.6 / RSMo 211.321(2) / RSMo 610.021(1)(2) / RSMo 566.160 / Hyde v. Columbia
- Results of any examination or test, or the refusal or failure of a person to submit to an examination or test
- The identity or nature of physical evidence expected to be presented
- Any opinion as to guilt or innocence, quality of case, value of evidence, or credibility of witnesses/victims
- Possibility of any plea negotiation, confession, admission or statement given by a person or the refusal or failure to make a statement
- Identity of suspects unless approved by the Chief of Police for investigative purposes or public safety
- Social Security Numbers (restricted by Federal Title / black out for all reports / per Lorman Seminar 5/24/06, Springfield, Missouri / restricted for state workers in 610.035)