Procedure 323-Release of Police Records

Question 1

.01 This procedure establishes a process for the accountability and responsibility of the release of records by the…

Answer 1

Records Office of the San Antonio Police Department.

Question 2

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

Answer 2

rights of private citizens from unlawful intrusion.

Question 3

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

Answer 3

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

Question 4

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

Answer 4

Verbal requests for records.

Question 5

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

Answer 5

The sale of records to the public

Question 6

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

Answer 6

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.

Question 7

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

Answer 7

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

Question 8

.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.

Answer 8

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

Question 9

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

Answer 9

The Legal Advisor’s Office

Question 10

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

Answer 10

motion to quash a subpoena.

Question 11

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

Answer 11

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

Question 12

.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 (__ __).

Answer 12

(Officers) (Records Office) (no charge)

Question 13

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

Answer 13

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

Question 14

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

Answer 14

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

Question 15

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

Answer 15

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

Question 16

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

Answer 16

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

Question 17

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

Answer 17

Any personnel seeking access to a FILE for personal use.

Question 18

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

Answer 18

Personnel requesting RECORDS for their personal use.

Question 19

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

Answer 19

Personnel obtaining records for their personal use.

Question 20

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

Answer 20

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

Question 21

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

Answer 21

The Administrative Services Manager of Records Office.

Question 22

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

Answer 22

controlled and recorded,

Question 23

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

Answer 23

sign in at the Security Desk or gain entry

using their electronic identification card.

Question 24

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

Answer 24

“buzz” personnel into the Records Office.

Question 25

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

Answer 25

front counter window (denoting LAW ENFORCEMENT ONLY)

Question 26

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

Answer 26

Records Office where someone will personally assist you.

Question 27

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

Answer 27

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

Question 28

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

Answer 28

complete the log located at the Security Desk.

Question 29

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

Answer 29

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