Seeking the audio of all radio calls made in relation to the call and incident below. Seeking any texts written by any of the responding officers, or the audio of calls made over the radio or by telephone to any recorded line. Seeking the incident report, any photographs entered into evidence. Seeking the calls from the public in relation to this incident.
Date Reported: 15:48:27 05/29/22 Incident: 22-002965 Nature: Susp Person
Address: 109 MILLWOOD ST, FRA Call: P22542620 Unit: 947
FOIA Response 2022-1089
With respect to your request, the Department intends to withhold the following requested records:
Incident Report 22-002965 withheld under Exemption A and Exemption F.
Radio and Telephone Recordings related to 22-002965 redacted under Exemption A and Exemption F, these recordings contain CORI information as well as witness information.
The Department intends to withhold/redact the above-referenced requested records and recordings due to the applicability of the following exemptions and the reasons set forth below
Exemption (a): This exemption applies to records that are "specifically or by necessary implication exempt from disclosure by statute."
CRIMINAL OFFENDER RECORD INFORMATION
In particular, G.L. c. 6, sections 167-178B, and related regulations, requires that criminal justice agencies withhold any records and data in any communicable form compiled by a Massachusetts criminal justice agency which concern an identifiable individual and relate to the nature or disposition of a criminal charge, an arrest, a pre-trial proceeding, other judicial proceedings, previous hearings conducted pursuant to section 58A of chapter 276 where the defendant was detained prior to trial or released with conditions under subsection (2) of section 58A of chapter 276, sentencing, incarceration, rehabilitation, or release. Such information shall be restricted to that recorded in criminal proceedings that are not dismissed before arraignment. Criminal offender record information shall not include evaluative information, statistical and analytical reports and files in which individuals are not directly or indirectly identifiable, or intelligence information. Criminal offender record information shall be limited to information concerning persons who have attained the age of 18 and shall not include any information concerning criminal offenses or acts of delinquency committed by any person before he attained the age of 18; provided, however, that if a person under the age of 18 is adjudicated as an adult, information relating to such criminal offense shall be criminal offender record information. Criminal offender record information shall not include information concerning any offenses which are not punishable by incarceration.
Exemption (f): This exemption applies to "investigatory materials necessarily compiled out of the public view by law enforcement or other investigatory officials the disclosure of which materials would probably so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest." While this exemption is not a blanket exemption is applies to such information, the disclosure of which would prejudice investigative efforts. In particular, it applies to information related to ongoing investigations, confidential investigative techniques and information which directly or indirectly identifies witnesses or informants. The records requested contain witness statements and witness information. As a result, such information must be redacted under the law.
Please note you have the right of appeal to the Supervisor of Public Records pursuant to G.L. 66, s. 10A(a) and the right to seek judicial review of an unfavorable decision by commencing a civil action in the superior court under G.L. c. 66, s. 10A(c).
Request Date
2022-06-01
Agency Tracking
2022-1089
Acquisition Notes
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