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Thread: How do I get information about a stop where my rights were violated?

  1. #1
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    How do I get information about a stop where my rights were violated?

    I cannot (should not?) go into all of the details yet (names mostly), but I need to know how to get a list of the officers present at a call where I was verbally threatened, handcuffed, disarmed and detained for 30 minutes for no other reason than open carry, which all 8-10 officers present (including a supervisor) insisted was illegal in KC and MO?

    There is no arrest record, no incident paperwork, only a call log from the officer who called for backup after spotting me and approaching me. The substation clerk referred me to legal and would give me nothing. What is the process for getting a list of names of officers that responded? The one that threatened had his back to the light outside at night and I was unable to read his badge before he stormed off. The other remaining officers refused to give me his name, pretending they did not know who I was referring to.

    KCPD, fyi.
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    Regular Member Motofixxer's Avatar
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    A proper FOIA request is in order to the PD. Naming every type of record you can think of.
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    Quote Originally Posted by Motofixxer View Post
    A proper FOIA request is in order to the PD. Naming every type of record you can think of.
    So FOIA applies to this? Any references on the process? I have never submitted a FOIA request.

    What record types would I ask for?
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    http://www.nfoic.org/missouri-sample-foia-request

    Google is your friend...

    Why don't you start by asking for any 911 recordings related to the incident, any recording of LEO radio conversations, names and badge numbers of the 8-10 officers reponding, notes, reports, internal messaging communications between the officers in and around the time of the response, emails to and from the officers and any supervisors relating to the incident.
    Last edited by jegoodin; 08-01-2012 at 12:21 PM. Reason: Added suggested FIOA content.

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    Regular Member DocWalker's Avatar
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    I would also call and make an appt with the Chief or Sheriff and let him know about the incident, let him know your filing a FIOA request and consulting a lawyer for harassment and false detainment. Give the Chief a chance to address the issue though training and investigating the incident but if nothing is done and this officer isn't repriamanded you will be filing a formal complaint and going to the media about the out of control cops.

    GET A RECORDER OR TWO......

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    Quote Originally Posted by DocWalker View Post
    I would also call and make an appt with the Chief or Sheriff and let him know about the incident, let him know your filing a FIOA request and consulting a lawyer for harassment and false detainment. Give the Chief a chance to address the issue though training and investigating the incident but if nothing is done and this officer isn't repriamanded you will be filing a formal complaint and going to the media about the out of control cops.

    GET A RECORDER OR TWO......
    Great advice, except the recorder was no help. The officer was ready to draw on me with his hand on his Glock and my hands were full, so I stood absolutely motionless, never would have had a chance to touch the recorder.

    But I appreciate the detailed advice. Anyone else who thinks of particular things to ask for please let me know.
    I will relate all of the details when appropriate.
    Thanks!
    Last edited by peterarthur; 08-01-2012 at 01:06 PM.
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    Quote Originally Posted by jegoodin View Post
    http://www.nfoic.org/missouri-sample-foia-request

    Google is your friend...

    Why don't you start by asking for any 911 recordings related to the incident, any recording of LEO radio conversations, names and badge numbers of the 8-10 officers reponding, notes, reports, internal messaging communications between the officers in and around the time of the response, emails to and from the officers and any supervisors relating to the incident.
    Lol... thanks, I Google all the time but I was looking more for all of the things I should mention. This is a good start. Can I keep submitting more FOIA's if I think of other things later? I just want to make sure I don't forget anything if there is a limit on requests.
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    Quote Originally Posted by peterarthur View Post
    Lol... thanks, I Google all the time but I was looking more for all of the things I should mention. This is a good start. Can I keep submitting more FOIA's if I think of other things later? I just want to make sure I don't forget anything if there is a limit on requests.
    The response you get from the initial request may lead you to a more knowledgable request for more or different info and sources.

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    You are only limited by your budget. I'm sorry this happened to you on several levels. Did you have your wife and 20 kids with you?

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    Quote Originally Posted by peterarthur View Post
    Great advice, except the recorder was no help. The officer was ready to draw on me with his hand on his Glock and my hands were full, so I stood absolutely motionless, never would have had a chance to touch the recorder.

    But I appreciate the detailed advice. Anyone else who thinks of particular things to ask for please let me know.
    I will relate all of the details when appropriate.
    Thanks!
    I don't want to harp because everyone has their own opinion but when I carry I hit the record button when I leave the house and delete the recording (assuming no incident) when I get home.
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    Quote Originally Posted by twoskinsonemanns View Post
    I don't want to harp because everyone has their own opinion but when I carry I hit the record button when I leave the house and delete the recording (assuming no incident) when I get home.
    Great point! I did not realize they could run so long. Thanks!
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    Quote Originally Posted by kcgunfan View Post
    You are only limited by your budget. I'm sorry this happened to you on several levels. Did you have your wife and 20 kids with you?

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    lol... ok, it's only 9 :P But no, I was by myself, 1030pm on a Saturday night, midnight shift just started, and the coffee run was on at Quik Trip since protection money is now counted in ounces of domestic blend...
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    Quote Originally Posted by peterarthur View Post
    lol... ok, it's only 9 :P But no, I was by myself, 1030pm on a Saturday night, midnight shift just started, and the coffee run was on at Quik Trip since protection money is now counted in ounces of domestic blend...
    If his wife had of been there she would have whipped there ass.....

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    Quote Originally Posted by Jim40Cal View Post
    If his wife had of been there she would have whipped there ass.....
    I laughed so loud, half of Panera turned to stare .... LOL!!!!!!!
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    Quote Originally Posted by DocWalker View Post
    I would also call and make an appt with the Chief or Sheriff and let him know about the incident, let him know your filing a FIOA request and consulting a lawyer for harassment and false detainment. Give the Chief a chance to address the issue though training and investigating the incident but if nothing is done and this officer isn't repriamanded you will be filing a formal complaint and going to the media about the out of control cops.

    GET A RECORDER OR TWO......

    I would not make any appt. with the Chief ... the OP has one of two goals that I see as being worthwhile:
    1) sue them
    2) forget the incident

    "give the chief a chance?" He had his chance when he hired them, trained them, and let them loose out into the public.

    Talking to the Chief will be fruitless is my guess and just give them more to assail the OP with at trial...who knows what the chief will "remember" about his meeting.

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    Quote Originally Posted by Jim40Cal View Post
    If his wife had of been there she would have whipped there ass.....
    That's no joke...

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    Pete,

    Almost any police force of any size at all have in car recorders that catch the audio of officers even when video is not available, request the videos from all cars responding to the address at the time as well.
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    Quote Originally Posted by LMTD View Post
    Pete,

    Almost any police force of any size at all have in car recorders that catch the audio of officers even when video is not available, request the videos from all cars responding to the address at the time as well.
    THAT's what I need, so I can know exactly how he worded his threat of physical violence. Thanks!
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    I'd suggest requesting all communications, transmissions, dispatches, radio traffic, recordings, etc., etc., and so forth regarding the police response to your address, or If you have a "incident number" or some such, that would be good.

    Just my 2 cents.

    And for another 2 cents, I can tell you what a meeting with the chief will probably result in:

    "Blah, blah, my officers have been reprimanded.......blah, blah, sure am sorry about this incident.......blah, blah, assure you that this type of behavior is unacceptable.......blah, blah........"

    ....until you leave his office all warm and fuzzy from such a productive and worthwhile verbal exchange.

    Hope all those nifty words make you happy and serve as just compensation for the fiasco you endured. Because that's all you'll get. A bunch of nifty words the chief will probably chuckle about as soon as the door shuts behind your back. Heckuva great exchange rate. His officers can dance all over your civil rights, and he can buy disgruntled citizens off by compensating their loss of civil rights by uttering a few clichet phrases in their direction with a plastered on smile until the problem goes away.
    Last edited by Superlite27; 08-01-2012 at 10:42 PM.

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    Read your foia act .. the term "records" may be enough ...or you can list it like

    records include, but are not exclusive to, the following:


    And always ask for records that have been altered (written on, etc.) as being separate records for the purpose of your request ....

    And in this case, I would do some arguing in respect to counter any possible exemptions (like a police investigation, etc) in the request ... they will not let your argue otherwise before an admin review of a denial.

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    Quote Originally Posted by davidmcbeth View Post
    Read your foia act ..
    This is COMPLETELY OT, (sorry) but I've been waiting for an excuse to share this and this is the closest I've found I've found
    From WV FOIA:

    §29B-1-1. Declaration of policy.
    Pursuant to the fundamental philosophy of the American constitutional form of representative government which holds to the principle that government is the servant of the people, and not the master of them, it is hereby declared to be the public policy of the state of West Virginia that all persons are, unless otherwise expressly provided by law, entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees.

    That statement needs to be quoted on a bumper sticker!
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    Anti-Saldana Freedom Fighter Venator's Avatar
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    MOC, Inc.'s attorney did this generic request. Modify as needed. You can do a FOIA via an email.

    FOIA COORDINATOR Date:
    POLICE DEPARTMENT
    POLICE HEADQUARTERS
    ANYWHERE, MI 48484

    RE: FOIA Request

    Dear FOIA Coordinator:

    On February X, 20XX at approximately 00:00 PM, Anywhere Police Department Officers XXXXXXXXX and XXXXXXXXXXX engaged in the detention and investigation of a man with a pistol on the sidewalk at Some Street between That St and Another St in the City of Anywhere. As a result of Officers XXXXXX and XXXXX’s investigation, Officer XXXXXX issued citations for firearm violations to You Yourself.

    Pursuant to the Michigan Freedom of Information Act, MCL §15.231, I am requesting copies of documents relating to the aforementioned incident including:

    Any and all recordings of radio communications related in any way to the dispatch, response, or request for assistance by the officers involved with the incident;

    Any and all video recordings of the incident, including patrol car video;

    Any and all documents that identify the officers dispatched to the scene as a result of the incident, including the police report; roll call rosters; vehicle logs; and, audio recordings;

    Any and all emails, memos, letters and/or other correspondence between employees of the Anywhere Police Department and any other person regarding the incident; and,

    Any and all property booking notes, cards, papers recording the property seized by Officer XXXXXX and XXXXXXXXXXXX associated with the incident.

    Should the cost for researching, compiling and copying the requested information exceed $30.00, please inform me of the anticipated cost, and provide me with a time and place for a physical inspection of the requested information before researching, compiling or copying the requested information.

    Please respond to this request by replying to the following address:

    xxxxx
    xxx
    xxxxxxx

    I appreciate your anticipated cooperation with this request. If you have any questions, please do not hesitate to call me at the number above.

    Sincerely,
    Last edited by Venator; 08-02-2012 at 09:09 AM.
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    Quote Originally Posted by Venator View Post
    MOC, Inc.'s attorney did this generic request. Modify as needed. You can do a FOIA via an email.

    FOIA COORDINATOR Date:
    POLICE DEPARTMENT
    POLICE HEADQUARTERS
    ANYWHERE, MI 48484

    RE: FOIA Request

    Dear FOIA Coordinator:

    On February X, 20XX at approximately 00:00 PM, Anywhere Police Department Officers XXXXXXXXX and XXXXXXXXXXX engaged in the detention and investigation of a man with a pistol on the sidewalk at Some Street between That St and Another St in the City of Anywhere. As a result of Officers XXXXXX and XXXXX’s investigation, Officer XXXXXX issued citations for firearm violations to You Yourself.

    Pursuant to the Michigan Freedom of Information Act, MCL §15.231, I am requesting copies of documents relating to the aforementioned incident including:

    Any and all recordings of radio communications related in any way to the dispatch, response, or request for assistance by the officers involved with the incident;

    Any and all video recordings of the incident, including patrol car video;

    Any and all documents that identify the officers dispatched to the scene as a result of the incident, including the police report; roll call rosters; vehicle logs; and, audio recordings;

    Any and all emails, memos, letters and/or other correspondence between employees of the Anywhere Police Department and any other person regarding the incident; and,

    Any and all property booking notes, cards, papers recording the property seized by Officer XXXXXX and XXXXXXXXXXXX associated with the incident.

    Should the cost for researching, compiling and copying the requested information exceed $30.00, please inform me of the anticipated cost, and provide me with a time and place for a physical inspection of the requested information before researching, compiling or copying the requested information.

    Please respond to this request by replying to the following address:

    xxxxx
    xxx
    xxxxxxx

    I appreciate your anticipated cooperation with this request. If you have any questions, please do not hesitate to call me at the number above.

    Sincerely,
    Nice template! Thanks!!

    What information should I actually expect to get and how would I know if they are holding back (or is that unlikely?)?
    Last edited by peterarthur; 08-02-2012 at 10:03 AM.
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  24. #24
    Regular Member OC for ME's Avatar
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    It would be very difficult to determine if any documents are being held back. Of course any documents that are confirmed as existing yet unreleased would require a lawful reason as to why they are not being released. Whether or not the lawful reason is really the truth would require further court action.

    Get what you can get and do not presuppose that any documents are being withheld. Sometime cops just don't write stuff down, I hate paperwork too. Especially if I, a cop, thought that the non-event, in my view, expended less time/energy than will be required to submit paperwork to report the non-event.

    It is what it is. Good luck and keep us posted on your efforts and their outcomes.
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    Pete,

    Remeber they are indeed able to charge reasonable fees for copies etc for all of it.

    Ypu have a PM from myself, you are welcome to PM back if the cost is off the chain, there are ways to get around that sir.
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