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Freedom of information act

JeffTL

Regular Member
Joined
May 1, 2012
Messages
19
Location
huntington, wv
Her asserting her 5th was what got her arrested. According to the LEO if she just "played ball" then she would have been on her way home instead of jail.

Gotta say man, that is some repugnant ****. First of all, nothing you say to the police can be used to help you in court, it can only be benign or used against you. if your statement favors you it is here say from a legal standpoint. Exercising your rights shuold never lead to an arrest. if they arrest they should not be able to charge and prosecute. "playing ball" is how police lock you into a story, and whether its true and legal, or false and illegal, if your story changes in anyway from a previous statement you have just lied to a police officer and that is illegal, its a lose- lose situation, so just invoke your fourth and fifth amendment rights and wait for a lawyer. they may lock you up but u have a better chance of avoiding prosecution if you do not talk to police.
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
She was charged with 222.202. In the citation it states "was a danger to others involved"I ask her what that was about and she said she didnt know. Then I found out to make a 222.202 stick one "must be a danger to themselves or others" Somone mentioned a 42 USC 1983. I dont know if she was deprived of her rights,per say, and also that kind of suit cost 10's of thousands of dollars. I just talked with the PD about open records and when they ask what I was looking for I told them video/audio. She said that NONE of their cars had video/audio. So I have no idea where to turn from here because now it's going to be word against word.
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
Request it anyways. There is some kind of record.

I was really wishing for audio/video because
1. It would have the LEO saying "you shouldn't have worried about your rights so much."
2. The other 2 females stated to me that they knew they were over the limit and that my wife was not, but yet they escaped arrest...I wanna know why, in their (LEO) words.
3. They state that she "was a danger to others" I would like to see her actions and to see what they based this on.

What kind of record could I request? Like I said, this is going to end up being 5 LEO's word against 4 other people. 3 that had been drinking and 1 guy (one of the girls husband) that had not been drinking. I really have no idea where to go from here. I feel like I have hit a brick wall.
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
*Sorry, I didn't read over MKE's post, just do what she said in that format, xD*

Get a lawyer, give them pricks the sign that you and your wife ain't going to bend over and take it with a smile, it'll keep you out of court, and bring a copy of 42 USC 1982 [I think that's the deprivation of rights under colour of law ruling, I'm not sure.] or something like that.

Give MSPD a phone call, and inform them that you are going to be sending an electronic mail letter to their office regarding the state's sunshine open records act. I had to do the same bit with the KSP a while back to get a lil incident taken off my record.

Make the email much like:

Mr. <name of person in charge of PD records>,

Pursuant to the state open records law section KRS 61.870 to 61.884 and 61.991, I write to request
access to and an electronic copy of; All records regarding the encounter, detainment, arrest, and anything revolving around <name of your wife> on or about the <day, date, year>. I also request any, and all video, and audio records prior to, during, and after the responding officers arrived on scene, and the arrest made. I request the electronic data to be made available in any, and all formats used by the <MSPD> [example being .DOC, .PDF, .MPEG, .WMV, .CSV, etc.]

As provided by the open records law, I will expect your response within three (3) business days. If
you choose to deny this request, please provide a written explanation for the denial including a reference
to the specific statutory exemption(s) upon which you rely.

Please contact me with your decision, and the result of this request at <your email address, AND mailing address, also give your phone number>

Sign,

<your name>

It worked with the KSP for me, just under different circumstances, and without the arrest. However, the USDA/BLM is proving to be a bit more than a c*nt when it comes to FOIA requests, xD.

Hope this helps you but, hey, if theres anything I can do, be it a donation to legal fees, or anything else, lemme know.

On a side note, this was at Applebee's, wasn't it?


Nice format. To bad I dont think it will help me now without the video/audio....but I will save this for future needs. It wasnt applebee's..it was el caminos.
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
Gotta say man, that is some repugnant ****. First of all, nothing you say to the police can be used to help you in court, it can only be benign or used against you. if your statement favors you it is here say from a legal standpoint. Exercising your rights shuold never lead to an arrest. if they arrest they should not be able to charge and prosecute. "playing ball" is how police lock you into a story, and whether its true and legal, or false and illegal, if your story changes in anyway from a previous statement you have just lied to a police officer and that is illegal, its a lose- lose situation, so just invoke your fourth and fifth amendment rights and wait for a lawyer. they may lock you up but u have a better chance of avoiding prosecution if you do not talk to police.

I agree that not talking period would be best...but the LEO can say that you said anything and everything even if you didnt. No video/audio allows them to make sh!t up. If you wear a recorder, as soon as you are arrested they are going to take it and I bet that any recording that you have that reflects poorly on them disappears..
 

Blk97F150

Regular Member
Joined
Dec 21, 2010
Messages
1,179
Location
Virginia
I just talked with the PD about open records and when they ask what I was looking for I told them video/audio. She said that NONE of their cars had video/audio.

Nice format. To bad I dont think it will help me now without the video/audio....

Did you talk to them, or file a formal written request?? If you just called them and asked.... I'm not surprised that you were told nothing existed. I'd probably send them the formal FOIA request anyway, regardless of what they told me on the phone (not that I would have called in the first place... :eek: ). ... and request as much as you can... and/all radio traffic, any/all incident reports, any/all video or audio recordings that exist, etc. If you request in writing, and they respond in writing that 'nothing exists'.... and then you later determine that was 'inaccurate', you might have some basis for civil action. (don't know for sure... but it sure can't hurt!).

Good luck with it!
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
Not that this will amount to a sh!t but nice to know some history behind the arresting officer... Seems this isn't the first time his actions have gotten him in trouble.


Police Chief Anthany Beatty stated that Officer Aaron R. Noel has committed the
offense of Unbecoming Conduct in violation of KRS 95.450 and Lexington Div. of Police
General Order 73-2/G, Section 1.02 in that on the 20th day of March, 2006 while off duty,
Officer Aaron Noel posted to web site Myspace.com language identifying himself as a
Lexington Police Officer through word and image, Officer Noel used profane and insolent
language in his communications while posting to other web sites, specifically, Officer Noel’s
communications were accompanied by photos of him in a police uniform while sitting in a
police vehicle, that these actions brought the Div. of Police into disrepute and reflected
discredit upon Officer Noel as a member of the Division, and that the appropriate punishment
for this conduct is 80 hours Suspension Without Pay and Sensitivity Training.
Upon motion of Ms. Gorton and seconded by Mr. Farmer, the disciplinary action
was approved by unanimous vote.
* *
 
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