Kinney v. Superior Court (County of Kern) (F082845)
This case addresses the issue of how Government Code section 6254, subdivision (f)(1) – the provision requiring release of certain arrest records – can be harmonized with Penal Code section 13300 – the provision prohibiting release of certain arrest records. CSAC’s brief, which was drafted by Jennifer Henning, CSAC Litigation Counsel, argues that the statutes are harmonized by finding that contemporaneous arrest records must be disclosed as a check on government action and to serve the immediate need of members of the public to know where an individual is being held, but identifying records that are no longer contemporaneous are exempt from disclosure under the Public Records Act.