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Opinion Letter No. 99-02
April 5, 1999
Disclosure of Police Reports
Police reports for a closed criminal investigation,
which resulted in a deferred acceptance of nolo
contendere plea, must be made available for public inspection and
copying.
A local newspaper had requested disclosure of the police reports,
after deletion of the information
identifying the victim and witnesses. After reviewing the Kauai
Police Department's objections to
disclosure, the OIP determined that the State law governing the
deferred acceptance of nolo
contendere plea, section 853-1, Hawaii Revised Statutes, the State
expungement statute, section
831-3.2, Hawaii Revised Statutes, and chapter 853, Hawaii Revised
Statutes, regarding criminal
history record information, did not constitute State laws which
protected the police reports from
disclosure under section 92F-13(4), Hawaii Revised Statutes. In
addition, since the police reports did
not involve a Family Court proceeding, section 571-84, Hawaii Revised
Statutes, which makes
records of Family Court proceedings confidential, did not apply.
Because the defendant had already been prosecuted, was summoned
and appeared in open court,
and was identified by public court records, the OIP determined that
he had little or no privacy interest
in disclosure of his identity, and information regarding his identity
was not protected from disclosure.
However, the OIP found that the defendant's social security number,
home address and telephone
number should be redacted prior to disclosure of the police reports.
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