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

davidmcbeth said:

Read your foia act ..

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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!

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,

Venator said:

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,

Click to expand...

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?)?

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.

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.

I also asked for notes from the officer made about the incident, as well as scribblings and other handwritten records of the incident. Also, definitions for slang and abbreviations used in such notes.

Yep ask for electronic copies as the preferred method...no charges for those that I'm aware of. I have gotten tons of records that way.