Question on "Informal Discovery Request"

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FiberMan - 06 May 2005 01:18 GMT

I received a citation for stop sign violation in California. I mailed a
"Informal Discovery Request" to the city attorney, and also the police
department, to view the notes made by the citing officer on the reverse
side of the Notice to Appear. Last week I received a letter from the
police department, telling me the document is ready. But they will not
release the document unless I pay "special process fee" plus document
copying fee to them. I am wondering if this is legal. Based on
Califonia Penal Code 1054, I probably need to pay the copying fee. But
should I pay the "special process fee" in order to get the document?

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James C. Reeves - 08 May 2005 23:44 GMT

>I received a citation for stop sign violation in California. I mailed a
> "Informal Discovery Request" to the city attorney, and also the police
[quoted text clipped - 5 lines]
> Califonia Penal Code 1054, I probably need to pay the copying fee. But
> should I pay the "special process fee" in order to get the document?

Probably so.

A year or so ago my son was hit by a drunk driver. The cops wouldn't
provide a copy of the report he needed at the time. So he went to the
police HQ a few days later to get a copy. They provided it, but for a fee.
My son didn't have the cash on him, so he had to go to a ATM machine and
come back later. Upon exchanging the cash for the report, he commented to
the desk officer "I always new some day I'd be robbed. I just never thought
it would be by the police." The desk officer was not amused.

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