Marijuana arrest reports
| Tracking # |
SPR17-901 |
| Submitted | Dec. 15, 2016 |
| Est. Completion | None |
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Communications
From: Andrew Quemere
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
* All arrest reports for marijuana-related offenses that occurred between November 9, 2016 and December 14, 2016
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 calendar days, as the statute requires.
Sincerely,
Andrew Quemere
From: Sullivan, Alena V (POL)
Good Morning Mr. Quemere,
The Massachusetts Department of State Police ("Department") has received your public records request for all arrest reports for marijuana-related offenses that occurred between November 9, 2016 and December 14, 2016. Please note that G. L. c. 4, § 7 cl. 26(a) exempts from public disclosure any records that are "specifically or by necessary implication exempted from disclosure by statute." In this instance, your request falls within this exemption since releasing the requested information would violate G.L. c. 6, § 172, the Criminal Offender Record Information ("CORI") statute. General Laws c. 6, § 172 prohibits the dissemination of CORI information which G.L. c. 6, §167 defines as "records and data in any communicable form compiled by a criminal justice agency which concern an identifiable individual and relate to the nature or disposition of a criminal charge, an arrest, a pre-trial proceeding, other judicial proceedings, sentencing, incarceration, rehabilitation, or release." Accordingly, this information is not subject to public release since the responsive records contain CORI information and relate to criminal charges and the initiation of a criminal proceeding. Recently, the regulations regarding CORI information were amended and redefined the phrase "initiation of criminal proceedings" as "the point when a criminal investigation is sufficiently complete that the investigating officer takes actions toward bringing a specific suspect to court" See 803 CMR 2.03(4). See also SPR12/161.
Your consideration of this matter is appreciated.
Trooper Alena V. Sullivan
MA State Police
Office of the Chief Legal Counsel
470 Worcester Road
Framingham, MA 01702
508-820-2324
Alena.Sullivan@massmail.state.ma.us<mailto:Alena.Sullivan@massmail.state.ma.us>
From: Andrew Quemere
Supervisor of Records,
The Massachusetts State Police have rejected my public records request for "All arrest reports for marijuana-related offenses that occurred between November 9, 2016 and December 14, 2016," citing the Criminal Offender Record Information statute. However, my request does not "concern an identifiable individual" or individuals. The department may redact any identifying information, such as names, addresses, etc. and disclose the records.
All correspondence related to this request is available here: https://www.muckrock.com/foi/massachusetts-1/marijuana-arrest-reports-30864/
Please order the department to disclose the requested records.
Best regards,
Andrew Quemere
From: Sullivan, Kellie (SEC)
Good afternoon Mr. Quemere,
Thank you, received and acknowledged.
Kellie Sullivan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: Farrell, Sean (POL)
Dear Sir:
See attached response.
Respectfully,
Sean W. Farrell, Esq.
Deputy Chief Legal Counsel
Massachusetts State Police
General Headquarters
470 Worcester Road
Framingham, MA 01702
Tel: (508) 820-2153
Fax: (508) 820-2649
From: Farrell, Sean (POL)
Dear Sir:
See attached revised response.
Respectfully,
Sean W. Farrell, Esq.
Deputy Chief Legal Counsel
Massachusetts State Police
General Headquarters
470 Worcester Road
Framingham, MA 01702
Tel: (508) 820-2153
Fax: (508) 820-2649
From: Massachusetts State Police
A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.
From: MuckRock
To Whom It May Concern:
Please find enclosed a check for $180.00 to satisfy the fee associated with the attached public records request.
Thank you.
From: Andrew Quemere
To whom it may concern,
Please verify whether you have received the $180 check to satisfy the fee associated with my public records request.
Best regards,
Andrew Quemere
From: Andrew Quemere
Supervisor of Records,
The Massachusetts State Police provided me with a fee estimate of $180 for copies of arrest reports. A check was mailed on March 1, 2017. On March 31, I asked the State Police to verify that they had received the check. To date, I have not received a response of any kind. Please order the State Police to verify whether they received the check and, if so, provide the records I requested immediately.
All correspondence associated with this request can be found here: https://www.muckrock.com/foi/massachusetts-1/marijuana-arrest-reports-30864/
Best regards,
Andrew Quemere
From: Sullivan, Kellie (SEC)
Good morning,
Thank you, received and acknowledged.
Kellie Sullivan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: Nathan, Kevin
Good Morning Mr. Quemere,
Please find attached.
Best Wishes,
Kevin Nathan
Kevin Nathan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: Sullivan, Kellie (SEC)
Good afternoon,
Please find attached this office's letter of acknowledgement for the Department of State Police's request for reconsideration of the January 9, 2017 order in the matter of your appeal, numbered SPR 16/1257.
Thank you,
Kellie Sullivan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: Puccini, Angela M (SEC)
Mr. Quemere,
I am writing to remind you that should you require any further assistance regarding your appeal to be sure to email us at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> and note what you are taking issue with or require help with and that you do want more help.
Most sincerely,
Angela M. Puccini, Esq.
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832 (office)
(617) 727-5914 (fax)
http://www.sec.state.ma.us/pre/preidx.htm
A Guide to Public Records Law:
https://www.sec.state.ma.us/pre/prepdf/A-Guide-to-Massachusetts-Public-Records-Law-2017-Edition.pdf
From: Andrew Quemere
Supervisor of Records,
In a previous appeal, I explained that the Massachusetts State Police had failed to provide me with requested records even though I paid a fee estimate provided by the department. In a letter dated April 24 (SPR17/518), you stated, "I learned that a representative from the Department intends on providing Mr. Quemere with the requested records." You further stated that you were closing my appeal "with the proviso that the Department provide said response within ten (10) business days."
Nearly a month has passed since then, and the State Police still have not provided the requested records. I again ask that you order the State Police to immediately provide the requested records.
Best regards,
Andrew Quemere
From: Puccini, Angela M (SEC)
Mr. Quemere,
I am writing to remind you that should you require any further assistance regarding your appeal to be sure to email us at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> and note what you are taking issue with or require help with and that you do want more help. This office was notified that a response was provided to you in response to the determination for your appeal and its associated records request.
Most sincerely,
Angela M. Puccini, Esq.
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832 (office)
(617) 727-5914 (fax)
http://www.sec.state.ma.us/pre/preidx.htm
A Guide to Public Records Law:
https://www.sec.state.ma.us/pre/prepdf/A-Guide-to-Massachusetts-Public-Records-Law-2017-Edition.pdf
From: Andrew Quemere
Supervisor of Records,
On May 22, I filed an appeal with you, but I have not yet received a determination. As I stated: In a previous appeal, I explained that the Massachusetts State Police had failed to provide me with requested records even though I paid a fee estimate provided by the department. In a letter dated April 24 (SPR17/518), you stated, "I learned that a representative from the Department intends on providing Mr. Quemere with the requested records." You further stated that you were closing my appeal "with the proviso that the Department provide said response within ten (10) business days."
Two months have passed since your initial determination, and the State Police still have not provided the requested records. I again ask that you order the State Police to immediately provide the requested records.
Best regards,
Andrew Quemere
From: Nathan, Kevin (SEC)
Good Morning Mr. Quemere,
Please find attached.
Very Respectfully,
Kevin Nathan
Kevin Nathan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: Shorey, Stephen (SEC)
Mr. Quemere,
Just for your reference, this matter is currently under review as SPR17/901.
Best,
Steve
Stephen W. Shorey
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
Ph: (617) 727-2832
Fax: (617) 727-5914
From: Chung, Cassandra (SEC)
Hello,
Attached is the Determination letter for appeal SPR17/901. This administrative appeal is now closed. Please give us a call if you have further questions.
Cassandra Chung
Public Records Division
One Ashburton Place, RM 1719
Boston, MA 02108
Tel: 617-727-2832
Fax: 617-727-5914
Walk in Office Hours:
8:45 -5, Monday to Friday
From: Sossavi, Fredson (SEC)
Mr. Quemere,
Please find attached.
-Fred
Fredson Sossavi
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: Chung, Cassandra (SEC)
Hello,
Attached is the Determination letter for appeal SPR17/1008 Quemere State PD . This administrative appeal is now closed. Please give us a call if you have further questions.
Cassandra Chung
Public Records Division
One Ashburton Place, RM 1719
Boston, MA 02108
Tel: 617-727-2832
Fax: 617-727-5914
Walk in Office Hours:
8:45 -5, Monday to Friday
From: Massachusetts State Police
The request has been rejected by the agency.
From: Puccini, Angela M (SEC)
Mr. Quemere,
I am writing in regards to your above mentioned appeal. I am writing to inform you that our office was notified that a response was provided to your request and to remind you that should require any further assistance or need to further appeal all you need do is email us at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> and note what you are specifically appealing and that you want a new appeal to assess that issue.
Most sincerely,
Angela M. Puccini, Esq.
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832 (office)
(617) 727-5914 (fax)
http://www.sec.state.ma.us/pre/preidx.htm
A Guide to Public Records Law:
https://www.sec.state.ma.us/pre/prepdf/A-Guide-to-Massachusetts-Public-Records-Law-2017-Edition.pdf
Review appeal determinations online: http://www.sec.state.ma.us/appealsweb/appealsstatus.aspx
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