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Timothy D. Smith
Timothy D. Smith, Lawyer
Category: Criminal Law
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Experience:  In House Counsel for Law Enforcement Agency
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Can a police officer divulge a prior non criminal detainment

Resolved Question:

Can a police officer divulge a prior non criminal detainment (traffic ticket) to the public?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Timothy D. Smith replied 1 year ago.
I hope this message finds you well, present circumstances excluded. The answer to your question is, no, they cannot disclose to the public a non-criminal detention. Moreover, a person's driver record in general is not a record that is subject to public disclosure through the Public Records Act. The only mechanism by or through which a law enforcement officer would be able to disclose or discuss such a matter would be directly related to the charge in open or if it were deemed admissible by a court in another matter as a frame of reference or relative to character evidence.

In short, this is not a matter for public disclosure and an officer that does something like that has violated an individual's rights unless it fits into a very limited number of court authorized situations.

Let me know if you have any additional questions based on my answer.

Best wishes going forward!
Customer: replied 1 year ago.

Thanks, XXXXX XXXXX anyway that I can have an investigation on the police officer that divulged that information, and started a swirling rumor.


 


My poor husband had a cell phone ticket he had to pay so he ended up with a bench warrant, and now one of the officers in town said something to one of the moms in the school my sons attend, so it's the big rumor in town. Can I have an investigation on any officer who has looked at his record within the last 60-90 days, id like to do a civil libel/slander case.

Expert:  Timothy D. Smith replied 1 year ago.
Absolutely. You need to contact the Internal Affairs Division of the Police Department and request a complaint form. In most cases, you will be asked to fill out a sworn statement and have it notarized and turn back in to the IA officer. They will conduct an investigation into the matter and can recommend discipline or even termination, as the case may be. I highly encourage you to do this. Many believe that the officer will never get in trouble being investigated by his own folks. I can assure you this is not the case 99% of the time.
Timothy D. Smith, Lawyer
Category: Criminal Law
Satisfied Customers: 2184
Experience: In House Counsel for Law Enforcement Agency
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