On September 16, 2010, the Commonwealth Court of Pennsylvania ruled that a police incident report is not a public record.

Pennsylvania Right-to-Know Law (RTKL) provides that “a record that is in possession of a Commonwealth agency or local agency shall be presumed to be a public record, unless the record is exempt” under the statute. 65 P.S. § 67.102. RTKL does allow for exemptions from disclosing certain documents retained by a Commonwealth or local agency. The pertinent exemptions, delineated in 65 P.S. § 67.102 §§ 708(b)(16) are as follows: “(ii) investigative materials, notes, correspondence, videos and reports and (v) victim information, including any information that would jeopardize the safety of the victim.”

In the present case, a managing editor of the Potter Leader-Enterprise Newspaper (Requestor) submitted a RTKL request to the Pennsylvania State Police for a complete unredacted incident report for a criminal investigation detailing the names of the individuals involved. The Requestor argued that the police incident report was akin to a police blotter, which is a document not exempt, and must be produced under the R TKL. The Office of Open Records agreed with the Requester; however Commonwealth Court reversed that decision on appeal, noting that a police incident report is not a “chronological listing” of arrests. Rather, it is a description of an investigation by the police into a complaint of criminal activity. The Court further held that the police incident reports include victim information, which is exempt from RTKL, and further, that they are investigative in nature, thereby falling under the investigative record exemption.

Therefore, under the Right-to-Know Law, police incident reports are not required to be disclosed, even in redacted form.

For further information please contact:

Vincent M. Pompo
Voice (610) 430-8000
Fax (610) 692-6210
vpompo@lambmcerlane.com

Lauren K. Dentone
Voice (610) 430-8000
Fax (610) 692-6210
ldentone@lambmcerlane.com