How can I go about getting the police report regarding my brother’s death?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I go about getting the police report regarding my brother’s death?
I want to get the police report on my brothers death but they said I can’t because I am not in charge or the estate nor his next of kin.
Asked on July 5, 2012 under Estate Planning, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As long as the case is not pending because of an ongoing murder investigation, then you can file an open records request with the agency that did the investigation. It doesn't matter that you are the next of kin or not-- a public record is a public record and they have to have an exception to refuse to the release. In order to make this type of request, it's best do it in writing, mail it attention to the open records officer, and use the phrase in your request "purusant the Open Records Act in Texas I am requesting all reports, investigations, or documents regarding the death of _____". If they still refuse, you may need to consult with an attorney to send a follow-up demand letter with the agency and the Attorney General for their violation of open record laws. Another avenue, if something has been filed with the court (like warrant or PC affidavit), is to go to the court or the clerk and request copies of items in their files. Often the probable cause affidavit will discuss the major details of a case- and it much easier to get--- however, this option will only work if their was a criminal case filed.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.