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Need Urgent Help Regarding FOIA Process for 911 Call

G

Glockster

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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!
 
peter nap

peter nap

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drdan01 said:
Thanks!

If someone has experience specific to FOIA of 911 calls that is probably going to be key in this situation.
Click to expand...

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:
Fallschirjmäger

Fallschirjmäger

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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
Click to expand...

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.
 
G

Glockster

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peter nap said:
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.
Click to expand...

Excellent - this I think is the "what" I need. No charges so that shouldn't apply.
 
peter nap

peter nap

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drdan01 said:
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)?
Click to expand...

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.
 
Fallschirjmäger

Fallschirjmäger

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drdan01 said:
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)?
Click to expand...
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:
davidmcbeth

davidmcbeth

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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.
 
C

Citizen

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Joined
Nov 15, 2006
Messages
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Location
Fairfax Co., VA
davidmcbeth said:
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.
Click to expand...

Thanks, McBeth, but we have it under control.

And, by the way, requesting "all records" can get pretty expensive.
 
J

JamesCanby

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Joined
Jul 2, 2010
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Location
Alexandria, VA at www.NoVA-MDSelfDefense.com
davidmcbeth said:
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.
Click to expand...

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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