State Police Protest Policies (New Hampshire State Police)
| Submitted | March 2, 2017 |
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Communications
From: Caitlin Russell
To Whom It May Concern:
Pursuant to the New Hampshire "Access to Government Records and Meetings" Statute (RSA Ch. 91-A), I hereby request the following records:
-All current policies regarding how officers are expected to handle protests
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 5 business days, as the statute requires.
Sincerely,
Caitlin Russell
From: Hilts, David
Ms. Russell,
I am writing to acknowledge your request below dated March 2, 2017 for access to "All current policies regarding how officers are expected to handle protests". Could you clarify what you mean by "protests"?
David M. Hilts
Legal Counsel
Office of the Commissioner
New Hampshire Department of Safety
33 Hazen Drive
Concord, NH 03305
W (603) 227-4032
F (603) 271-0336
This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by law. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited and may be subject to criminal prosecution. If you have received this e-mail in error, please immediately notify me by telephone at (603) 271-2791. You will be reimbursed for reasonable costs incurred in notifying us.
From: Caitlin Russell
Basically, I'm interested in crowd control policies.
From: Hilts, David
Ms. Russell,
NH State Police has no policies that pertain specifically to crowd control situations. Although two polices touch on crowd control issues-Professional Standards of Conduct Chapter 41-K Non-deadly Weapons and Force, and Chapter 46-B Special Events-those policies are exempt from production under RSA 91-A for the following reasons: internal personnel practices per RSA 91-A:5, IV, as well as confidential law enforcement materials whose disclosure (1) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, and (2) could reasonably be expected to endanger the life or physical safety of any individual. See 38 Endicott Street North, LLC v. State Fire Marshal, 163 N.H. 656 (2012). As such, we consider this request to be closed.
David M. Hilts
Legal Counsel
Office of the Commissioner
New Hampshire Department of Safety
33 Hazen Drive
Concord, NH 03305
W (603) 227-4032
F (603) 271-0336
This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by law. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited and may be subject to criminal prosecution. If you have received this e-mail in error, please immediately notify me by telephone at (603) 271-2791. You will be reimbursed for reasonable costs incurred in notifying us.
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~WRD000