Use of force policy (Missouri State Highway Patrol)

To Whom It May Concern:

Pursuant to the Missouri Sunshine Law and the Missouri Public Records Law, I hereby request the following records:

Use of force policy

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. 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.

In the event that fees cannot be waived, 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 3 business days, as the statute requires.

Sincerely,

Phil Mocek

Ms. McCollum:

I received your letter dated August 15, 2014. In it, you stated that my request for your agency's use of force policy "is closed pursuant to 610.100 RSMo."

[Missouri Revised Statutes Chapter 610: Governmental Bodies and Records, Section 610.100][1] pertains to arrest and incident records. I see nothing in the section related to law enforcement agencies' policies regarding use of force. I am unaware of any reason this policy would be exempt from Missouri's public records laws, and I feel strongly that the public should be allowed access to the policies that guide public employees' use of force in the performance as their duties as peace officers.

[1]: <http://www.moga.mo.gov/statutes/C600-699/6100000100.HTM>

I believe that publication of this record is in the public interest. I believe publication of such is of considerable urgency given current events in Ferguson, Missouri, in which staff from various law enforcement agencies including and reporting to yours have used and will likely continue to use conscience-schocking levels of force against the people as they protest the lack accountability for the homicide of Michael Brown on August 9 and report to the world what is happening at those protests.

Please advise.

Cordially,
Phil Mocek