Arrest Report

Cara Kelly filed this request with the Austin Police Department of Austin, TX.
Tracking #

R115281-100123

Status
Completed

Communications

From: Cara Kelly

To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

Any and all records maintained by the Austin Police Department for the arrest of state Sen. Charles Schwertner on Feb. 7, 2023. Records include but are not limited to: arrest reports, incident reports, affidavits, supplemental reports, warrants, etc.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Cara Kelly

From: Austin Police Department

Dear Cara Kelly:

Thank you for your interest in the public records of the Austin Police Department. Your request has been received and is being processed. Your request was received in this office on 10/1/2023 and given the reference number R115281-100123 for tracking purposes.
Please be advised that the Austin Police Department’s Central Records Division receives over 2500 requests for information a month. These requests are processed in the order received, and we strive to respond to each request promptly, as required by law.
Please know that, as a result of the large volume of requests received, the anticipated timeframe for responding to your request may take 10 business days if it is simply an offense report you're requesting.  If you are requesting body cam, dash cam, or other related records your request could take up to 30 days.
You will be contacted about the availability and/or provided with copies of the records requested. PLEASE NOTE: The Texas Public Information Act does not require a governmental body to create new information, to do legal research, or to answer questions.
You can monitor the progress of your request at the link below and you’ll receive an email when your request has been completed. Again, thank you for using the Austin Public Records Center.
Austin Police Department

From: Austin Police Department

--- Please respond above this line ---

Re: Open Record Request of October 01, 2023, Reference # R115281-100123;
Dear Cara Kelly,
The Austin Police Department (APD) received a Public Information request from you on October 01, 2023, to request copies of records pertaining to the following: “;To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

Any and all records maintained by the Austin Police Department for the arrest of state Sen. Charles Schwertner on Feb. 7, 2023. Records include but are not limited to: arrest reports, incident reports, affidavits, supplemental reports, warrants, etc.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Cara Kelly

Upload documents directly: https://www.muckrock.com/
The information you requested includes a police officer’s body worn camera recording. Access to body worn cameras recordings are governed by chapter 1701 of the Texas Occupations Code. Chapter 1701 provides the procedures a requestor must follow when seeking a body worn camera recording. Section 1701.661(a) provides:
A member of the public is required to provide the following information when submitting a written request to a law enforcement agency for information recorded by a body worn camera:
• the date and approximate time of the recording;
• the specific location where the recording occurred; and
• the name of one or more persons know to be a subject of the recording.
Because you have not provided the information required by section 1701.661(a) of the Occupations Code, we are prohibited from releasing the body worn camera recording(s) to you.
However, section 1701.661(b) permits you to submit a future request for the body worn camera recording(s) you are seeking if/when you are able to provide the required information.
If you have any questions, please contact me at 512-974-5499 or by replying to this email.
Sincerely,
Open Records Unit
Austin Police Department

From: Cara Kelly

Hi,
Thank you for the update on this.

Can I remove the body cam video from the requested records and have the rest of the request completed? So it would include reports and affidavits, NO body cam footage.

Please advise.
Thank you,
Cara

From: Austin Police Department

--- Please respond above this line ---

Re: Open Record Request of October 01, 2023, Reference # R115281-100123
Dear Cara Kelly,
The City of Austin received a Public Information request from you on October 01, 2023, to request copies of records pertaining to the following: “To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

Any and all records maintained by the Austin Police Department for the arrest of state Sen. Charles Schwertner on Feb. 7, 2023. Records include but are not limited to: arrest reports, incident reports, affidavits, supplemental reports, warrants, etc.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Cara Kelly

Upload documents directly: https://www.muckrock.com/ The body worn cam portion of your request is removed per your request.
Thank you for contacting the City of Austin.
PIR Team

From: Austin Police Department

--- Please respond above this line ---

Re: Public Information Request of October 01, 2023, Reference # R115281-100123;
Dear Cara Kelly,
The Austin Police Department received a Public Information request from you on October 01, 2023, to request copies of records pertaining to the following: “:To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

Any and all records maintained by the Austin Police Department for the arrest of state Sen. Charles Schwertner on Feb. 7, 2023. Records include but are not limited to: arrest reports, incident reports, affidavits, supplemental reports, warrants, etc.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Cara Kelly

Upload documents directly: https://www.muckrock.com/
The City of Austin has responsive information for your request.  Please log in to the Open Records Center at the following link to download the responsive records. Austin Police Department - R115281-100123 Please be advised the website only allows for two downloads of your files, once you have opened your files please save a copy for your records.
Thank you for contacting the City of Austin.
Open Records Unit
Austin Police Department

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