Gan I get info on a sealed case at all?

Question

A FRIEND on mine had a runin with the local police. He wants to get the name of the person who filed the complaint. However, no charges were filed, no items listed in the warrant were found, and the case was closed after two months. Can he get the name to begin a civil suit because the whole episode cost him several thousand dollars in legal fees and other expenses.

Also, the case was sealed because a minor was involved, which was discovered after the warrant was issued.

Answer 1

File a motion with the court for the release of that information.

Answer 2

Your "FRIEND" can file a suit against the police that handled the case. They are very likely not liable if they acted on the basis of an informant and got a warrant. If the informant was a minor and they did not determine that until after the warrant was issued they may have some degree of responsibility. Once your "FRIEND" has filed the suit they will be able to subpoena the records needed. Your "FRIEND" should contact an attorney that handles cases against the police. If they think you have a good case they will likely take the case without any up front money. The real issues will be concerned with things like the good faith behavior of every one involved. Don't bother if your "FRIEND" really had something that was illegal to possess but it was not named in the warrant as that happens all of the time.

Answer 3

You can attempt to get a court order to unseal the records. It it was a search warrant and there is a sealed portion you must petition the court to have an in camera hearing to see if certain things in the sealed warrant can be released.

Answer 4

Investigative records can be subpoenaed if a suit is instituted, but in order to file a complaint, one must have a cognizable action, perhaps under the rubric of "malicious prosecution," that is, instituting formal proceedings against another without due cause.