|Aug. 6, 2019
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To Whom It May Concern:
Pursuant to the Alabama Public Records , I hereby request the following records:
The arrest report of Brittany Joyce Smith and Christopher McCallie from January 16, 2018. The arrest took place on Sharon Drive in Stevenson, Alabama.
Through this request, I am gathering information on a report about the criminal case of Brittany Joyce Smith that is of current interest to the public.
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.
I have talked to my Sheriff and our District Attorney and he is looking for an A.G.'s opinion regarding an ongoing/open investigation. It is my understanding that you may be entitled to the front of the I/O Report only which has no details or narrative, but I will have to research the law and get back with you.
Thanks for your response. It is my understanding that the entire arrest report should be legally available to me. From the case law: "All incident reports and arrest reports shall be open records," with the following exceptions: that the person was not arrested, that it contains details that could be harmful to the victim, or that it contains details that could jeopardize the investigation by revealing a person's identity. Since only Brittany, Todd and Chris were at the scene, there is no one's identity that is to be kept confidential. I look forward to your response.
I'm just following up again as it has been 10 business days since my original request. Thank you.
The request has been rejected with the agency stating that you must be a resident of the state. MuckRock is working with our in-state volunteers to refile this request, and it should appear in your account within a few days.
I am following up as previous case law shows one must be a citizen of the United States, not specifically a citizen of Alabama, to file a FOIA request in this state. Please fulfill my request as it is not overdue.
I am following up as previous case law shows one must be a citizen of the United States, not specifically a citizen of Alabama, to file a FOIA request in this state. Please fulfill my request as it is now overdue.
I am forwarding this latest email to our County Attorney.
Ms. Flock: Attached is my letter to you dated August 21, 2019 regarding
your Open Records Request. Although you continue to make requests to the
Sheriff, the response has not changed. The Jackson County Sheriff strives
to honor all legal requests for public records. Unfortunately, your request
does not fall within the law and no records will be provided. From this
point forward, direct all inquiries to me.
JOHN F. PORTER, III | ATTORNEY
Telephone (256) 574-5156 Facsimile (256) 574-6552
Northside Courthouse Square
123 East Laurel Street Scottsboro, AL 35768
U.S. SUPREME COURT . ALABAMA . TENNESSEE
"This is the day the Lord has made, let us rejoice and be glad in it."
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