ALPR-personal info request/ Video evidence (Massachusetts State Police)

mikayla mucha filed this request with the Massachusetts State Police of Massachusetts.
Multi Request ALPR-personal info request/ Video evidence
Est. Completion None
Status
Fix Required

Communications

From: mikayla mucha


To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

Greetings,

If you all are having trouble accessing my original requested public records (requested 3/20/2020), I respectfully ask that you please answer my one question below, hopefully resulting in a more timely response/acknowledgement.

I would like my personal record of what shows up when my license plate is scanned- License Plate # 289ve4, by the new automated license plate reader. I respectfully ask for the same record that the Massachusetts State Police (any other police agency) see when my plate is automatically scanned.

I would also like to know the reason why there are NO booking videos, jail video, dash cam video, or body cameras used by the Mass. State Police Troop B-8 on Sgt. Dion's Way after the known corrupt scandals and known fabrications of arrest reports these last few years, especially in Westfield Massachusetts, where these scandals actually took place and is "part of their culture". a Lack of evidence raises a reasonable doubt. Since video clearly demonstrates what occurred during an OUI arrest, it raises the obvious question, why does the State police refuse to video the arrest and why is video not more frequently used by police departments. In our political climate today, why would there be no audio/video evidence of my arrest, so now the judge or jury is going to have to take the officers word against mine? This is absolutely unacceptable and in no way helps the transparency of the most "secretive" and oldest police agency (MSP) in the U.S. I've seen no change when it comes to earning the public's trust in the government, as promised in interviews more than a year old. How does this GPS tracking help the public? Body cameras would have been much more useful than the new "GPS tracking system" for everyone and would have made the public feel safer when being pulled over, as evidence by several studies that purport to demonstrate the impact of body worn cameras on crime and other outcomes.

It is beyond me how this can occur in our climate today. A lack of video tape evidence, when video is so prevalent, found on all cell phones, should be held against the Commonwealth and factor into whether the Government has satisfied the burden of proof beyond a reasonable doubt. May anyone respond to this informing me this problem will be taken care of?

Sincerely,

Mikayla Mucha, RN-BSN, BSc., IP

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,

mikayla mucha

From: Massachusetts State Police

Good Morning,

The Department of State Police ("Department") has received and reviewed your request for "[your] personal record of what shows up when [your] license plate is scanned - License Plate #289ve4, by the new automated license plate reader," and answers to questions regarding video evidence and the Massachusetts State Police's use of GPS tracking in its cruisers.
With respect to your request for your personal record of what appears when your plate is scanned, the denies your request. You previously requested this information and the Department responded on May 7, 2020, denying your request under G.L. c. 4 §7 cl. 26(f). Here, the Department denies this request and incorporates, by reference, the same reasoning set forth in its May 7, 2020 response. As for the questions regarding video used by the Massachusetts State Police and the Massachusetts State Police's use of GPS tracking, the Department notes that the Massachusetts Public Records Law only applies to requests for records. Here, there is no request for any records.

If you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records following the procedure set forth in 950 C.M.R. 32.08, a copy of which is available at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. You may also file a civil action in accordance with M.G.L. c. 66, § 10A. Please contact me if you have any questions or concerns. Thank you for your attention in this matter.

Anthony Serra
Staff Legal Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Telephone: (508) 820-2391

The preceding email message (including any attachments) contains information that may be confidential, may be protected by the attorney-client or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.

From: Massachusetts State Police

Ms. Mucha,

The Department of State Police ("Department") has received your voicemail relating to its responses to your public records requests. Please be advised that the Department will not be engaging in in any further discussions or answering any further questions with respect to its response.

If you wish to challenge any aspect of the Department's responses, you may appeal to the Supervisor of Public Records following the procedure set forth in 950 C.M.R. 32.08, a copy of which is available at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. Thank you for your attention to this matter.

Anthony Serra
Staff Legal Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Telephone: (508) 820-2391

The preceding email message (including any attachments) contains information that may be confidential, may be protected by the attorney-client or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.

Files

There are no files associated with this request.