Police Checkpoints (Boston Police Department)

Curtis Waltman filed this request with the Boston Police Department of Boston, MA.
Status
Completed

Communications

From: Curtis Waltman

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

For this request I am seeking:

-All policies on checkpoints and roadblocks. This includes sobriety checkpoints as well as any other kinds of checkpoints.

-Data on how often checkpoints are employed. That is, the total number of times the department has set up a checkpoint since 1/1/14.

-Any oversight reports on the use of checkpoints.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

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,

Curtis Waltman

From: Media Relations

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:

-All policies on checkpoints and roadblocks. This includes sobriety
checkpoints as well as any other kinds of checkpoints.

-Data on how often checkpoints are employed. That is, the total number of
times the department has set up a checkpoint since 1/1/14.

-Any oversight reports on the use of checkpoints.

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

From: Media Relations

Mr. Waltman,

This email is sent in response to your records request below. Specifically,
you have requested:

-All policies on checkpoints and roadblocks. This includes sobriety
checkpoints as well as any other kinds of checkpoints.

-Data on how often checkpoints are employed. That is, the total number of
times the department has set up a checkpoint since 1/1/14.

-Any oversight reports on the use of checkpoints.

The Boston Police Department has conducted an exhaustive search and
determined that the Department has no records responsive to this request.
The Boston Police Department does not conduct “checkpoints” or “roadblocks”
of any kind, including sobriety checkpoints, and therefore the total number
of times the department has set up a checkpoint since 1/1/14 is zero (0).

Should the department conduct any checkpoints or roadblocks in the future,
the department would be governed by laws determined by Massachusetts
Supreme Judicial Court cases *Commonwealth v. McGeoghgan*, 389 Mass. 137
(1983) and *Commonwealth v. Trumble*, 396 Mass. 81 (1985) stating that the
OUI roadblock or sobriety checkpoint must adhere to the following: 1.) the
selection of cars stopped must not be arbitrary, 2.) assurance must be
given that the procedure utilized by the police is conducted pursuant to a
plan devised by law enforcement with standard, neutral guidelines that
clearly forbids the arbitrary selection of vehicles to be stopped, 3.) the
site selected for the OUI checkpoint must be a “problem area” (i.e. where
accidents or drunk driving arrests have previously occurred, and 4.) the
public must be given advanced notice. At this time, however, the department
does not have any written policies or oversight reports on the use of
checkpoints.

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.

If you should have any further questions, please contact the BPD Office of
Media Relations directly at (617) 343-4520.

Respectfully,

Officer Rachel McGuire

BPD Office of Media Relations

--
Office of Media Relations
Boston Police Headquarters
One Schroeder Plaza
Boston, MA 02120
(617) 343-4520

Please note the NEW Media Relations email is:
*mediarelations@pd.boston.gov <mediarelations@pd.boston.gov>*

Files

There are no files associated with this request.