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Erik_Pakieser
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Post subject: FOIA / Data Privacy help Posted: Sun Mar 08, 2009 10:22 pm |
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Senior Member |
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Joined: Thu Aug 18, 2005 8:16 am Posts: 364 Location: Minneapolis, MN
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Anyone willing to send me (PM if you want) a sample FOIA or Data Practices letter for some police information? I am looking into a DGU one of my students got involved in a little over a year ago.
Before anyone asks, I'm not going to share any details just yet, as the case is still pending.
But if anyone can point me in the direction of a sample letter to send the PD so I can get some info, I'd appreciate it. Thanks!
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Andrew Rothman
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Post subject: Posted: Mon Mar 09, 2009 11:00 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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Depending on where the event occurred, you may need to send this to a separate dispatch center as well as the police department. Coon Rapids PD, for example, is dispatched by Anoka County.
Quote: Attention: Data Practices Compliance Officer
Please consider this email a formal request for release of public data, as follows:
1. Transcripts of any 911 calls received by your agency relating to [event] that occurred at or near [address] in [city], Minnesota at approximately [time] on [date].
2. Accurate and complete audio recordings of any and all radio traffic related to this incident.
3. Any and all police reports, patrol logs, dispatch logs or other documentation related to this event. To the extent that any portion of these records is nonpublic data, this request shall be read as a request for the public portion(s) of these records. 4. Further, please consider this email a formal demand for the indefinite retention of the requested data, pending resolution or reclassification of its status.
5. As required by section 13.03, subd. 3, paragraph f of Minnesota Statutes, I am requesting that in the event that any portion of this request is not granted, that your department "...certify in writing that the request has been denied and cite the specific statutory section, temporary classification, or specific provision of federal law upon which the denial was based."
6. Finally, I respectfully demand that you, as required by section 13.03, subd. 3, paragraph c of Minnesota Statutes, "...provide copies of public data upon request," and remind you that "...If the responsible authority or designee is not able to provide copies at the time a request is made, copies shall be supplied as soon as reasonably possible."
Sincerely,
[Your name]
_________________ * NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
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J. R.
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Post subject: Posted: Tue Mar 10, 2009 10:18 am |
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Joined: Fri Jan 20, 2006 2:17 pm Posts: 351 Location: west 'burbs
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Nice work Andrew. Would you put your post in the reference section?
_________________ For English, press 1
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Andrew Rothman
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Post subject: Posted: Tue Mar 10, 2009 10:43 am |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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Erik_Pakieser
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Post subject: Posted: Fri Mar 27, 2009 11:10 am |
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Senior Member |
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Joined: Thu Aug 18, 2005 8:16 am Posts: 364 Location: Minneapolis, MN
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Thank you for posting that.
Some simple phone calls have cleared a couple of things up. The county attorney is done with the matter (no charges). Now I'm working with the police department to get his stuff back.
The story in brief:
My student (who will remain anonymous) was standing in his front yard, taking pictures of a classic cars parked across the street. Two men approached him and told him to give them his camera. As they got closer to him, he backed up against the side his house, with the two guys on top of him, shoving him and yelling.
At that point, he drew his legally carried pistol from his pocket, chambered a round and pointed the gun straight down. The two immediately ceased the attack, backed up, and called the police.
Upon arrival, he was arrested and booked into the county jail, where he spent the weekend. On Monday he was released without charge.
Our goals at this point:
1. Recover his pistol and camera, which were seized by the police.
2. Restore his carry permit (no revocation letter was received, but the permit expired in the interim)
Wish us luck.
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joelr
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Post subject: Posted: Fri Mar 27, 2009 11:26 am |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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I wish you -- and him -- luck. (I've found that, in these sorts of things, a guy with one of the attorneys we all frequently recommend seems to, for whatever reason, have more luck than a guy without.)
_________________ Just a guy.
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PocketProtector642
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Post subject: Posted: Fri Mar 27, 2009 11:31 am |
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Longtime Regular |
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Joined: Sun Oct 12, 2008 8:36 am Posts: 702 Location: St. Paulish
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If the charges were dropped and he is free to go, why didnt they hand over the pistol and camera?
_________________ Proud owner of 2 wonderful SGH holsters. "If man will not work, he shall not eat" (2 Th 3:14) "If you don't have a sword, sell your cloak and buy one" -Jesus (Luke 22:36)
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joelr
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Post subject: Posted: Fri Mar 27, 2009 11:39 am |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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PocketProtector642 wrote: If the charges were dropped and he is free to go, why didnt they hand over the pistol and camera? Because they didn't have to, and they've got badges and guns, probably.
_________________ Just a guy.
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tman065
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Post subject: Posted: Fri Mar 27, 2009 2:12 pm |
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Longtime Regular |
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Joined: Tue Dec 19, 2006 6:19 am Posts: 810 Location: Northern MN
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joelr wrote: I wish you -- and him -- luck. (I've found that, in these sorts of things, a guy with one of the attorneys we all frequently recommend seems to, for whatever reason, have more luck than a guy without.)
It is, as I like to say, no place for amateurs. I do, however, usually reserve that comment for the courtroom.
_________________ Proud, Service Oriented, Rural LEO, or "BADGED COWBOY" Certified MN Carry Permit Instructor
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sigman
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Post subject: Posted: Fri Mar 27, 2009 2:35 pm |
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Joined: Sun Aug 07, 2005 10:20 am Posts: 1317 Location: Racine, MN
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Good luck. I hate seeing permit holders hassled.
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Dick Unger
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Post subject: Posted: Fri Mar 27, 2009 3:06 pm |
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Joined: Sun Aug 28, 2005 2:54 am Posts: 2444 Location: West Central MN
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joelr wrote: PocketProtector642 wrote: If the charges were dropped and he is free to go, why didnt they hand over the pistol and camera? Because they didn't have to, and they've got badges and guns, probably.
They can say it's still an open investigation, and the gun and camera is "evidence". They probably have 3 years to charge him.
Usually they can just keep stuff because it is not valuable enough for a court fight. ![Evil or Very Mad :evil:](./images/smilies/icon_evil.gif)
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Erik_Pakieser
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Post subject: Posted: Tue Mar 31, 2009 11:08 am |
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Senior Member |
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Joined: Thu Aug 18, 2005 8:16 am Posts: 364 Location: Minneapolis, MN
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Ramsey County says there will not be any charges, and they have informed the PD of this. I'm following up to see what happens.
When the engagement of an attorney becomes neccessary, we'll certainly do so.
Thanks for all the support.
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Erik_Pakieser
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Post subject: Posted: Wed May 06, 2009 8:32 am |
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Senior Member |
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Joined: Thu Aug 18, 2005 8:16 am Posts: 364 Location: Minneapolis, MN
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BCA has the gun and is holding it for three years - I started a new thread about that subject.
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Q_Continuum
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Post subject: Posted: Wed May 06, 2009 12:03 pm |
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Joined: Sun Oct 19, 2008 2:43 am Posts: 371 Location: Anoka, MN
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Erik_Pakieser wrote: BCA has the gun and is holding it for three years - I started a new thread about that subject.
Link? (I seem to have a case of The Stupid and can't find it, and so those reading later can click over and continue the reading/reference)
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Erik_Pakieser
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Post subject: Posted: Wed May 06, 2009 12:24 pm |
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Senior Member |
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Joined: Thu Aug 18, 2005 8:16 am Posts: 364 Location: Minneapolis, MN
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