May Day Protest (Boston Police Department)

Mr. Waltman,

Pursuant to G. L. c. 66, § 10 (b), this correspondence is to confirm
receipt of your request for documents that are potentially in the
possession, custody or control of the Boston Police Department.
Specifically, you have requested:

Records relating to the May Day protest on May 1st 2017 including any:

-Arrest reports
-Incident reports
-after action reports
-field analysis reports
-photographs
-video footage
-open source intelligence
-other intelligence reports
-lists of equipment
-memoranda
-situational awareness reports
-emails with the keyword "May Day"
-lists of munitions or equipment used for the operation

We will contact you as soon as possible with our findings, and will send
you a cost estimate for your requested materials if fulfilling the request
is expected to exceed $10.00, per 950 C.M.R. 32.06(1); 950 C.M.R. 32.03;
M.G.L. c 66 § 10(a).

Please be advised that we research each request in the order it was
received, and it may take longer than ten days to be fulfilled. If your
request requires a substantial amount of research, reviewing and redacting,
fulfilling the request will take a significant amount of time. Please plan
accordingly.

thank you,

Office of Media Relations

Mr. Waltman,

Please be informed that no incident reports, arrests reports, after action
reports, field analysis reports, photographs, video footage, open source
intelligence reports, memorandum or emails were completed or exist that are
responsive to your request. As such the Department has no documents
responsive to this portion of your request.

Information you have requested concerning lists of equipment and lists of
munitions or equipment used for the operation is exempt from disclosure as
public record. See MGL c. 4 s. 7(26)(f) and (n). Disclosure of this
information would not be in the public interest and would prejudice the
possibility of effective law enforcement. The protection of such
investigatory materials is essential to ensure that the Department can
continue to effectively monitor and control criminal activity and thus
ensure the safety of private citizens.

The exemption of this information from disclosure by M.G.L. c. 4 s.
7(26)(f) and (n) is consistent with the Court’s approval of withholding the
location, equipment and techniques used by law enforcement. See United
States v. Green, 670 F.2d 1148 (D.C. Cir. 1981). In Green, the Court
approved the withholding of the location of a police surveillance post at a
suppression hearing based on an analogy to the well-established informer’s
privilege. Id. at 1157, n. 4. The Court further stated that the disclosure
of the location of, manner of, and equipment used in surveillance would
educate criminals about how to avoid future surveillance, would educate
third parties about how to conduct illegal surveillance, would frustrate
future similar surveillance activities, and would pose a risk to
individuals conducting surveillance or allowing it to occur on their
premises. Id.

As such, the production of this information in response to a public record
request would have a negative impact on the Department’s ability to rely on
this equipment while in the performance of its duties thereby prejudicing
effective law enforcement, which is exactly what the United States Court of
Appeals, District of Columbia, sought to prevent in Green.

If you have been denied records by the Boston Police Department, you have
the right to appeal this decision with the Supervisor of Public Records at
the Public Records Division of the Secretary of the Commonwealth.

thank you,
Office of Media Relations

Records relating to the May Day protest on May 1st 2017 including any:

-Arrest reports
-Incident reports
-after action reports
-field analysis reports
-photographs
-video footage
-open source intelligence
-other intelligence reports
-lists of equipment
-memoranda
-situational awareness reports
-emails with the keyword "May Day"
-lists of munitions or equipment used for the operation

Your request concerning lists of equipment and lists of munitions

or equipment used for the operation is being denied pursuant to