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Thread: Need Urgent Help Regarding FOIA Process for 911 Call

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    Need Urgent Help Regarding FOIA Process for 911 Call

    If there is a 911 call regarding some sort of an incident (concerning open carry, or otherwise I suppose) and police responded, I'm assuming that the FOIA process can be used to get something. What is that -- a recording of the call? Do they transcribe it? What is the language to ask for that? And I assume it goes to the PD rather than to city attorney or such? Also, does the same apply to something that investigating officers may have produced? (like an incident report of some kind?).

    I need to do this as soon as possible, so any guidance/information is greatly appreciated!
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    Quote Originally Posted by drdan01 View Post
    I need to do this as soon as possible, so any guidance/information is greatly appreciated!
    Freedom of Information Act Va. CodeSecs. 2.2-3704 -3706
    http://www.nfoic.org/virginia-foia-laws

    http://leg1.state.va.us/cgi-bin/legp...0+cod+2.2-3704
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    Thanks!

    If someone has experience specific to FOIA of 911 calls that is probably going to be key in this situation.
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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by drdan01 View Post
    Thanks!

    If someone has experience specific to FOIA of 911 calls that is probably going to be key in this situation.
    Get the FOIA in as soon as possible and detail what you want.
    Example:

    All audio and text transmissions concerning a man with a gun between XX:XX and XX:XX on XX date.
    All audio needs to be in a format that can be played using normal commercial players.

    ......................................
    If the call resulted in a charge, they probably will use their criminal investigation exemption but you never know until you try.

    Send the request to the PD with a copy to the county/city attorney.
    Last edited by peter nap; 12-07-2013 at 02:32 PM.

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    Regular Member Fallschirmjäger's Avatar
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    All FOIA requests should be submitted to the Custodian of Records for the Virginia Beach Police Department. The Custodian of Records is a sworn member of the Department, working within the Office of Internal Affairs. The Deputy Chief of the Professional Standards Division appoints the Custodian of Records.

    The Act permits the Department to make reasonable charges for costs incurred in accessing, duplicating, supplying, or searching for requested records. Additionally, if the estimate cost of producing the requested documents is more than $200, a deposit may be required prior to the request being processed. In that event, the requestor will be notified in writing.

    Address all requests to:
    Virginia Beach Police Department
    Custodian of Records - Office of Internal Affairs
    2509 Princess Anne Road
    Virginia Beach, VA 23456
    They even have an electronic request form. Tell them what you need, with as much detail as possible and they'll provide it if possible.

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    Quote Originally Posted by peter nap View Post
    Get the FOIA in as soon as possible and detail what you want.
    Example:

    All audio and text transmissions concerning a man with a gun between XX:XX and XX:XX on XX date.
    All audio needs to be in a format that can be played using normal commercial players.

    ......................................
    If the call resulted in a charge, they probably will use their criminal investigation exemption but you never know until you try.

    Send the request to the PD with a copy to the county/city attorney.
    Excellent - this I think is the "what" I need. No charges so that shouldn't apply.
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    Quote Originally Posted by Fallschirmjäger View Post
    They even have an electronic request form. Tell them what you need, with as much detail as possible and they'll provide it if possible.
    Thanks for that additional info as I've not found it (still a bit rattled). Do you know if the request of a 911 audio can be delivered via email (that's one of the options, email delivery)?
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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by drdan01 View Post
    Thanks for that additional info as I've not found it (still a bit rattled). Do you know if the request of a 911 audio can be delivered via email (that's one of the options, email delivery)?
    It can Dan....Just a WAV or other format. There will likely be a charge for the FOIA so you might want a DVD that you can pick up when you pay.

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    I have a good bit of experience with FOIA requests. I wrote up a bunch of advices in a thread here:

    http://forum.opencarry.org/forums/sh...Requests-in-VA&&
    Last edited by Citizen; 12-07-2013 at 03:27 PM.
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    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by drdan01 View Post
    Thanks for that additional info as I've not found it (still a bit rattled). Do you know if the request of a 911 audio can be delivered via email (that's one of the options, email delivery)?
    When I made my Open Records Act request to Gwinnett County Police Department (regarding the Gary Pirkle Park incident) the audio recording was in a CD that I had to pick up, all other records were via e-mail. I must say, the woman in charge of public records was quite pleasant.
    Last edited by Fallschirmjäger; 12-07-2013 at 04:26 PM.

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    Thanks all for quickly jumping in. Have my request submitted and will see what comes of it.
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    You could serve the town clerk and the PD with the request. In reality, you have no idea who maintains such records for the town.


    The town clerk is the legal representative for the town and the PD (to the chief) will cover that dept.

    And do not limit your record request ... ask for ALL records, including but not exclusive to: yada yada yada

    There likely is an exemption for records relating to an ongoing investigation ... I doubt that 911 call records would be covered under such exemptions. So, put in the request and post back if any exemptions are claimed. A visit to your local courthouse and reviewing the annotated statues (and any case law of interest) will be useful for your education process in respect to FOIA requests and responses. Most of the case law is contained w/i the lower court decisions that are not widely available on the net. I copied my annotated statues book with all the FOIA law ... about 100 pages; since I file numerous requests I find the reference helpful.

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    Quote Originally Posted by davidmcbeth View Post
    You could serve the town clerk and the PD with the request. In reality, you have no idea who maintains such records for the town.


    The town clerk is the legal representative for the town and the PD (to the chief) will cover that dept.

    And do not limit your record request ... ask for ALL records, including but not exclusive to: yada yada yada

    There likely is an exemption for records relating to an ongoing investigation ... I doubt that 911 call records would be covered under such exemptions. So, put in the request and post back if any exemptions are claimed. A visit to your local courthouse and reviewing the annotated statues (and any case law of interest) will be useful for your education process in respect to FOIA requests and responses. Most of the case law is contained w/i the lower court decisions that are not widely available on the net. I copied my annotated statues book with all the FOIA law ... about 100 pages; since I file numerous requests I find the reference helpful.
    Thanks, McBeth, but we have it under control.

    And, by the way, requesting "all records" can get pretty expensive.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Quote Originally Posted by Citizen View Post
    Thanks, McBeth, but we have it under control.

    And, by the way, requesting "all records" can get pretty expensive.
    Ask to "inspect" not for copies

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    Quote Originally Posted by davidmcbeth View Post
    You could serve the town clerk and the PD with the request. In reality, you have no idea who maintains such records for the town.


    The town clerk is the legal representative for the town and the PD (to the chief) will cover that dept.

    And do not limit your record request ... ask for ALL records, including but not exclusive to: yada yada yada

    There likely is an exemption for records relating to an ongoing investigation ... I doubt that 911 call records would be covered under such exemptions. So, put in the request and post back if any exemptions are claimed. A visit to your local courthouse and reviewing the annotated statues (and any case law of interest) will be useful for your education process in respect to FOIA requests and responses. Most of the case law is contained w/i the lower court decisions that are not widely available on the net. I copied my annotated statues book with all the FOIA law ... about 100 pages; since I file numerous requests I find the reference helpful.
    Virginia OP, posting a request in the Virginia forum, and given Virginia-specific and relevant advice.... I think we here in Virginia have it covered, McBeth.
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