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 FOIA / Data Privacy help 
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 Post subject: FOIA / Data Privacy help
PostPosted: Sun Mar 08, 2009 10:22 pm 
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Anyone willing to send me (PM if you want) a sample FOIA or Data Practices letter for some police information? I am looking into a DGU one of my students got involved in a little over a year ago.

Before anyone asks, I'm not going to share any details just yet, as the case is still pending.

But if anyone can point me in the direction of a sample letter to send the PD so I can get some info, I'd appreciate it. Thanks!


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PostPosted: Mon Mar 09, 2009 11:00 pm 
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Depending on where the event occurred, you may need to send this to a separate dispatch center as well as the police department. Coon Rapids PD, for example, is dispatched by Anoka County.

Quote:
Attention: Data Practices Compliance Officer

Please consider this email a formal request for release of public data, as follows:

1. Transcripts of any 911 calls received by your agency relating to [event] that occurred at or near [address] in [city], Minnesota at approximately [time] on [date].

2. Accurate and complete audio recordings of any and all radio traffic related to this incident.

3. Any and all police reports, patrol logs, dispatch logs or other documentation related to this event. To the extent that any portion of these records is nonpublic data, this request shall be read as a request for the public portion(s) of these records.

4. Further, please consider this email a formal demand for the indefinite retention of the requested data, pending resolution or reclassification of its status.

5. As required by section 13.03, subd. 3, paragraph f of Minnesota Statutes, I am requesting that in the event that any portion of this request is not granted, that your department "...certify in writing that the request has been denied and cite the specific statutory section, temporary classification, or specific provision of federal law upon which the denial was based."

6. Finally, I respectfully demand that you, as required by section 13.03, subd. 3, paragraph c of Minnesota Statutes, "...provide copies of public data upon request," and remind you that "...If the responsible authority or designee is not able to provide copies at the time a request is made, copies shall be supplied as soon as reasonably possible."

Sincerely,

[Your name]

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PostPosted: Tue Mar 10, 2009 10:18 am 
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Nice work Andrew. Would you put your post in the reference section?

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PostPosted: Tue Mar 10, 2009 10:43 am 
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This template was developed with the help of some fine lawyers. They are, in alphabetical order: Jeff Benson, Marc Berris, David Gross, and Joseph Olson.

I just got to do the leg work; the kudos go to them.

But I will put it in reference.

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PostPosted: Fri Mar 27, 2009 11:10 am 
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Thank you for posting that.

Some simple phone calls have cleared a couple of things up. The county attorney is done with the matter (no charges). Now I'm working with the police department to get his stuff back.

The story in brief:

My student (who will remain anonymous) was standing in his front yard, taking pictures of a classic cars parked across the street. Two men approached him and told him to give them his camera. As they got closer to him, he backed up against the side his house, with the two guys on top of him, shoving him and yelling.

At that point, he drew his legally carried pistol from his pocket, chambered a round and pointed the gun straight down. The two immediately ceased the attack, backed up, and called the police.

Upon arrival, he was arrested and booked into the county jail, where he spent the weekend. On Monday he was released without charge.

Our goals at this point:

1. Recover his pistol and camera, which were seized by the police.
2. Restore his carry permit (no revocation letter was received, but the permit expired in the interim)

Wish us luck.


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PostPosted: Fri Mar 27, 2009 11:26 am 
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I wish you -- and him -- luck. (I've found that, in these sorts of things, a guy with one of the attorneys we all frequently recommend seems to, for whatever reason, have more luck than a guy without.)

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PostPosted: Fri Mar 27, 2009 11:31 am 
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If the charges were dropped and he is free to go, why didnt they hand over the pistol and camera?

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PostPosted: Fri Mar 27, 2009 11:39 am 
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PocketProtector642 wrote:
If the charges were dropped and he is free to go, why didnt they hand over the pistol and camera?
Because they didn't have to, and they've got badges and guns, probably.

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PostPosted: Fri Mar 27, 2009 2:12 pm 
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joelr wrote:
I wish you -- and him -- luck. (I've found that, in these sorts of things, a guy with one of the attorneys we all frequently recommend seems to, for whatever reason, have more luck than a guy without.)


It is, as I like to say, no place for amateurs. I do, however, usually reserve that comment for the courtroom.

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PostPosted: Fri Mar 27, 2009 2:35 pm 
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Good luck. I hate seeing permit holders hassled.


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PostPosted: Fri Mar 27, 2009 3:06 pm 
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joelr wrote:
PocketProtector642 wrote:
If the charges were dropped and he is free to go, why didnt they hand over the pistol and camera?
Because they didn't have to, and they've got badges and guns, probably.


They can say it's still an open investigation, and the gun and camera is "evidence". They probably have 3 years to charge him.

Usually they can just keep stuff because it is not valuable enough for a court fight. :evil:


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PostPosted: Tue Mar 31, 2009 11:08 am 
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Ramsey County says there will not be any charges, and they have informed the PD of this. I'm following up to see what happens.

When the engagement of an attorney becomes neccessary, we'll certainly do so.

Thanks for all the support.


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PostPosted: Wed May 06, 2009 8:32 am 
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BCA has the gun and is holding it for three years - I started a new thread about that subject.


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PostPosted: Wed May 06, 2009 12:03 pm 
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Erik_Pakieser wrote:
BCA has the gun and is holding it for three years - I started a new thread about that subject.


Link? (I seem to have a case of The Stupid and can't find it, and so those reading later can click over and continue the reading/reference)


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PostPosted: Wed May 06, 2009 12:24 pm 
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http://www.twincitiescarry.com/forum/vi ... 058#148058


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