Public Complaint No. 1705548934 - 683391013

Barry W Rivera-Smith

San Diego Police Department

1401 Broadway

San Diego, California 92101

619-531-2000

http://www.sandiego…

Date of Offense

January 17, 2024

Complaint

Abuse of Authority

False Arrest

Racial Profiling

Supporting Document(s)

Resized_Resized_20240117_074553.jpeg

Statement

Officer Rivera pulled me over and told me I was not able to leave even though he already gave me a citation, no crime was committed he stated I was under arrest that I couldn’t leave. He was being very aggressive and he physically took off my license plates with screw driver, I even took a picture of him after he did it as he showed it proudly. He gave me a citation which I thought would have been for my expired registration but he gave me the citation for no proof of insurance which I told him I do have it let me grab it and he refused to let me get it. He then said I had to exit my vehicle because he needed to search it because I was under investigation which I didn’t give him permission to do so, I just complied because he was already being aggressive making me feel unsafe. He had all pieces of my information that he needed…(drivers license, registration etc) and refused to let me leave.

Location

3800 Merrimac Ave, San Diego, CA 92117, USA

32.8339901, -117.2033152

California Public Records Act

§ 6250-6268

The California Public Records Act is a series of laws meant to guarantee that the public has access to public records of governmental bodies in California. In December of 2011, a Superior Court judge ruled that the California Assembly must also disclose budget records of individual lawmakers, after some California newspapers filed a lawsuit accusing legislators of flouting the state’s open records laws.

Public records in the California Public Records Act are defined as “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” There is a separate category of “purely personal information” that, although it may be in the custody of a government agency, does not fall under the act. Statute 6255 states a catch all exemption, “The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.”

Anyone can request public documents in California, and a purpose does not have to be stated. The California Public Records Act does not regulate the use of records obtained from public agencies. One should allow 10 days for an agency to comply with a records request.