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Thread: Help with sunshine law regarding plate scanners

  1. #1
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    Help with sunshine law regarding plate scanners

    Exactly as the title says, I would like help putting in a request under the "sunshine law"

    I would like to know every instance over the past say 12 months that my license plate has been scanned and/or recorded by a patrol car or red light camera or other means in the state of MO.

    I know someone here can provide me with the tools I need.

    TIA
    Jason

  2. #2
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    I don't know exactly how to go about it in your state, but if its anything like mine (VA), there is one big point I would make:

    Cost!!

    I've seen plenty of sunshine/freedom of information/open government laws that allow the locality to charge for the search and production of records. If you ask for every single time your plate was scanned and recorded, you could be triggering a massively expensive search of records.

    I might counsel first finding out more about how the records storage works, across how many agencies, who's got it/who is the custodian of the records sought, etc.

    Gather plenty of info.

    And, then, if your state allows you in the original records request to put a limiter on what you are willing to pay, don't pass up the chance. For example:

    Please estimate in advance the cost of the search and production of the requested records. If the estimated cost exceeds (insert personal willing-to-pay dollar amount here), please suspend the requested search and production, report the estimate to me, and await my express approval before completing the search and production of the requested records.
    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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    MRS 610.026. 1. Except as otherwise provided by law, each public governmental body shall provide access to and, upon request, furnish copies of public records subject to the following:

    (1) Fees for copying public records, except those records restricted under section 32.091, shall not exceed ten cents per page for a paper copy not larger than nine by fourteen inches, with the hourly fee for duplicating time not to exceed the average hourly rate of pay for clerical staff of the public governmental body. Research time required for fulfilling records requests may be charged at the actual cost of research time. Based on the scope of the request, the public governmental body shall produce the copies using employees of the body that result in the lowest amount of charges for search, research, and duplication time. Prior to producing copies of the requested records, the person requesting the records may request the public governmental body to provide an estimate of the cost to the person requesting the records. Documents may be furnished without charge or at a reduced charge when the public governmental body determines that waiver or reduction of the fee is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the public governmental body and is not primarily in the commercial interest of the requester;

    http://missourisunshine.org/
    Last edited by Nightmare; 05-11-2015 at 05:26 PM.
    I am responsible for my writing, not your understanding of it.

  4. #4
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    Keep in mind that you'll need to make this request of every sheriff and police department in the state.

    Sent from my Nexus 5 using Tapatalk

  5. #5
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    with curiousity, why are you wanting to know EVERY time it was scanned? you could just request the amount of times it was Scanned within a given time period, and this would probably reduce cost.

    honestly though it seems more like your coming off as paranoid.

    or you are feeling harassed, one of the two.

    if ti is harassment and you find yourself being targeted more then the average individual, and a lawyer is willing to take your case, you could include the information fees in the suit.
    Last edited by Ezek; 05-13-2015 at 12:42 PM.

  6. #6
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    Quote Originally Posted by Ezek View Post
    SNIP if ti is harassment and you find yourself being targeted more then the average individual,
    That raises an interesting point. How would you go about reducing the cost for the search and production of the records across the entire state?

    Those scans have to be uploaded somehow to somewhere.

    I guess first you could pick the jurisdiction you frequent most, and then put in a records request to that jurisdiction for whatever you're interested in: plate scanners, red light camera at such-and-such intersection, etc.
    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.

  7. #7
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    First cost reduction step; learn which jurisdictions even have License Plate Readers. There's no need to query a jurisdiction that does not record LPR's.

    Might there be a centralized database, perhaps the state department of transportation/revenue?
    I am responsible for my writing, not your understanding of it.

  8. #8
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    Quote Originally Posted by Nightmare View Post
    First cost reduction step; learn which jurisdictions even have License Plate Readers. There's no need to query a jurisdiction that does not record LPR's.

    Might there be a centralized database, perhaps the state department of transportation/revenue?
    True. However, I'm guessing most sunshine/open records statutes are structured in such a way that the requester does not get billed if the custodian of the records sought tells him the records do not exist. Now, if the custodian performs a search in order to determine there are no records, I would expect the statute to allow the custodian to bill for the search time. But, the custodian ought to know right off the bat without searching whether such a database exists.

    The cost of postage on the other hand could add up to a lot of dough. Imagine sending one request to each county, city, and sizeable town in the state.

    I like your idea of checking with the state first.
    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.

  9. #9
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    Quote Originally Posted by Ezek View Post
    with curiousity, why are you wanting to know EVERY time it was scanned? you could just request the amount of times it was Scanned within a given time period, and this would probably reduce cost.

    honestly though it seems more like your coming off as paranoid.

    or you are feeling harassed, one of the two.

    if ti is harassment and you find yourself being targeted more then the average individual, and a lawyer is willing to take your case, you could include the information fees in the suit.
    Agree. Pick a three month period, say March, April, May of 2014. You can get an idea of the scope and frequency. Pick a date range, of course, in which you were out doing a lot of driving.

  10. #10
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    In my work I was trained to never ask a question until I could detect the lie.

    How might OPie respond to the hypothetical that they never caught his plate on a recorded LPR?
    I am responsible for my writing, not your understanding of it.

  11. #11
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    Quote Originally Posted by Citizen View Post

    The cost of postage on the other hand could add up to a lot of dough. Imagine sending one request to each county, city, and sizeable town in the state.

    I like your idea of checking with the state first.
    I have made a few Sunshine requests now and was able to request records return via email and communications with the clerks as well no postage was needed at least for me. You may check into this.

  12. #12
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    Quote Originally Posted by Renegadez View Post
    I have made a few Sunshine requests now and was able to request records return via email and communications with the clerks as well no postage was needed at least for me. You may check into this.
    Good point.
    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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