How can I go about getting the police report regarding my brother’s death?

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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 9 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.


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