Radio recordings from James T. Vaughn Correctional Center, 1/31/17-2/3/17 (Delaware State Police)
| Tracking # |
63054-03861224 |
| Multi Request | Radio recordings from James T. Vaughn Correctional Center, 1/31/17-2/3/17 |
| Submitted | Oct. 30, 2018 |
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Communications
From: Jonathan Rudenberg
To Whom It May Concern:
Pursuant to the Delaware Freedom of Information Act, I hereby request the following records:
Any audio recordings and/or transcripts in the possession of your agency that capture conversations held over the radio during any and all incidents at the James T. Vaughn Correctional Center between the dates of January 31, 2017 and February 3, 2017.
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 15 business days, as the statute requires.
Please note that I am a citizen of Delaware, and am using MuckRock's services to help manage and track my request.
Sincerely,
Jonathan Rudenberg
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Delaware State Police
This email is to acknowledge that your request was received by the Delaware Department of Safety and Homeland Security (DSHS). Please note that FOIA allows access to "public records," unless the public record requested falls within one of the enumerated statutory exemptions. See 29 Del. C. §10002 (definition of "public record" and specific exemptions); 29 Del. C. § 10003 (setting forth FOIA request procedures). Your request has been sent for legal review. We will provide an update in approximately 15 business days.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Oct. 30, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #63054-03861224.
Thanks for your help, and let me know if further clarification is needed.
From: Delaware State Police
RE: 63054-03861224
Jonathan Rudenberg
MuckRock News
DEPT MR 63054
411A Highland Ave
Somerville, MA 02144-2516
Mr. Rudenberg:
By letter you made a request under the Delaware Freedom of Information Act (FOIA) for: “Any audio recordings and/or transcripts in the possession of your agency that capture conversations held over the radio during any and all incidents at the James T. Vaughn Correctional Center between the dates of January 31, 2017 and February 3, 2017.”
The Division of the Delaware State Police (DSP) has reviewed your request and determined that your request(s) are exempt under all of the following exemptions:
First, any reports are exempt as they are part of an investigatory file compiled for civil or criminal law enforcement purposes, 29 Del. C. § 10002(l)(3). Second, any such criminal history and arrest records is are non-public documents and exempt from FOIA, see 29 Del. C. § 10002(l)(4). Additionally, the records your requested are considered exempt under see 29 Del. C. § 10002(l)(5); Intelligence files compiled for law-enforcement purposes, the disclosure of which could constitute an endangerment to the local, state or national welfare and security. Also, to the extent that the records you seek pertain to litigation, please be advised that among the categories of information that FOIA exempts from public records are “[a]ny records pertaining to pending or potential litigation which are not records of any court.” 29 Del. C. § 10002(l)(9). The purpose of the exemption is to help maintain a level playing field, as “Delaware courts will not allow litigants to use FOIA as a means to obtain discovery which is not available under the court’s rules of procedure.” Op. Att’y Gen. 06-ID21 (Oct. 23, 2006) (citing Mell v. New Castle County, 835 A.2d 141, 147 (Del. Super. 2003) (“Mell”). Finally, DSP further objects on the basis that the request appears to originate from out of the State, public bodies are only required to comply with FOIA when the requesting party is a citizen of the State of Delaware. See McBurney v. Young, 569 U.S. 221 (2013); see also Del. Op. of the Attn’y Gen. 16-IB20 (Sept. 30, 2016), unless a valid Delaware address for the requester is provided. The Division of the Delaware State Police considers your FOIA request closed.
Sincerely,
Colonel Nathaniel McQueen, Jr.
Superintendent
From: Delaware State Police
The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.
From: Delaware State Police
The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.
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