Arrest log for the past 24 hours (Newport Police Department)

Shawn Musgrave filed this request with the Newport Police Department of Newport, RI .
Status
Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

Pursuant to the Rhode Island Access to Public Records Act ("APRA"), I hereby request the following records:

A copy of the arrest log for the past 24 hours, to include the following information at minimum:

1) Full name of the arrested adult;
2) Home address of the arrested adult, unless doing so would identify a crime victim;
3) Year of birth of the arrested adult;
4) Charge or charges;
5) Date of the arrest;
6) Time of the arrest;
7) Gender of the arrested adult;
8) Race of the arrested adult;
9) Name of the arresting officer unless doing so would identify an undercover officer. R.I. Gen. Laws § 38-2-3.2.

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 10 business days, as the statute requires.

Sincerely,

Shawn Musgrave

From: Dvorak, Daniel

Mr. Musgrave,

I ask you once again to request your report by completing this form:

http://cityofnewport.com/departments/police/administrative-services-division/open-records-request

This is so the request can be handled expeditiously. We will also get back to you with the fee.

Lt. Dvorak

From: Shawn Musgrave

Lt. Dvorak -

I will submit the request again via the form, but respectfully point out that since my request is clearly recognizable as an APRA request, your department cannot require this step.

Best,
Shawn

From: Newport Police Department

A new entry to a form/survey you have subscribed to has been submitted.
Form Name: Open Records Request
Date & Time: 07/30/2014 10:34 AM
Response #: 32
Submitter ID: 453
IP address: 160.39.146.167
Time to complete: 1 min. , 31 sec.
Survey Details: Answers Only

Page 1


1.
Please complete the following information:


Date of
Request 07/30/2014

Report Number Arrest log for past 24 hours

Name (Optional) Shawn Musgrave

Full Address (Optional) Not answered

Telephone (Optional) Not answered

Requested Records A copy of the arrest log for the past 24 hours, to include the
following information at minimum:
1) Full name of the arrested adult;
2) Home address of the arrested adult, unless doing so would identify a crime victim;
3) Year of birth of the arrested adult;
4) Charge or charges;
5) Date of the arrest;
6) Time of the arrest;
7) Gender of the arrested adult;
8) Race of the arrested adult;
9) Name of the arresting officer unless doing so would identify an undercover officer. R.I. Gen. Laws § 38-2-3.2.


2.
Reports will be provided within ten (10) business days.  Please indicate how you would like to receive your records:

(○) Receive by E-Mail


3.
If you elected to receive your records by Fax, E-Mail or Mail, please enter information below:


Fax Number Not answered

E-Mail Address requests@muckrock.com

Mail Address Not answered


4.
If, after your review of the request, the Department determines that the requested records are exempt from disclosure for a reason set forth in R.I General Laws Section 38-2-2(4)(I.)(A) Through (W), the Newport Police Department reserves its right to claim such exemption.  If you chose to pick up records but did not include identifying information on this form (name, etc.), please inform the officer/clerk at the front desk of the date you made the request, records requested, and report number.


5.
Newport Police Department
Request for records under the Access to Public Records Act
RHODE ISLAND GENERAL LAWS SECTION 38-2-1 ET SEQ.
The Newport Police
Department is committed to providing the public with access to public records, while protecting from disclosure information about individuals maintained that would constitute an unwarranted invasion of personal privacy. R.I. Gen. Laws Section 38-2-1.  The Newport Police Department provides numerous public documents to the public, media and attorneys daily in the ordinary course of business. However, for any person, who does not desire to make an oral request, wishes to make a formal written request or the request needs clarification, please complete the written form.  Pursuant to R.I. Gen. Laws Section 38-2-3(c.), the Newport Police Department has established the following procedure regarding access to public records:
* Please inform the officer/clerk at the front desk that you wish to make a request for public records. Lieutenant Daniel Dvorak is the Public
Records Officer for the Newport Police Department (telephone number 401-847-1306). The hours for the Records Department are 8:00 PM to 7:00 PM, Monday through Friday.
* The clerk will provide you with a form to complete, which lets this Department know the precise public documents you seek and assists us in processing your request in an expeditious manner. The form is also available online. (http://cityofnewport.com/departments/police/contact-info-police-reports)
* There are times when the public records you seek are not available at the time of your request. Please be advised that the Access to Public Records Act (APRA) allows a public body ten (10) business days to respond, which can be extended an additional twenty (20) business days for “good cause.” We appreciate your understanding and patience.
* Costs: The APRA gives
you the opportunity to view and/or copy public records. The cost per copied page of written public documents will be $.15 per page for documents on common business or legal size paper. You may elect to obtain public records in any and all media in which we are capable of providing them. The Act permits a reasonable charge for search and retrieval of documents. The hourly costs for a search and retrieval shall not exceed fifteen ($15.00) dollars per hour with no charge for the first hour. We would be more than happy to provide you with an estimate. Upon a request, we will provide a detailed itemization of the costs charged for search and retrieval.
* Public Records: A “public record” is defined as “documents, papers, or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official
business by any agency.” Specifically with respect to police records, in addition to other records maintained by this Department that constitute “public records”, the APRA deems public “(r)ecords relating to the management and direction of law enforcement agency and records or reports reflecting the initial arrest of an adult and the charge or charges brought against an adult.” R.I. Gen. Laws Section 38-2-2(4)(i)(D).
* Redaction: Although a document may constitute a public record, there may be some information contained on the document that may be redacted/deleted as it is exempt from disclosure under R.I. Gen. Laws Section 38-2-2.
* Exemptions: The APRA exempts some records from public disclosure. See, R.I. Gen. Laws Section 38-2-2(4). The following are some explanations as to why a document or part thereof may be exempt from disclosure:
* (A)(I) …all personal or medical information relating to an individual in any files, including information relating to medical or psychological facts…R.I. Gen. Laws Section 38-2-2(4)(i.)(A)(I)
* (C )…records of juvenile proceedings before the family court
* (D) All records maintained by law enforcement agencies for criminal law enforcement and all records relating to the detection and investigation of crime, including those maintained on any individual or compiled in the course of a criminal investigation by any law enforcement agency. Provided, however, such records shall not be deemed public only to the extent that the disclosure of the records or information may (a) reasonably be expected to interfere with investigations of criminal activity or with enforcement proceedings, (b) would deprive a person of a right to a fair trial or an impartial
adjudication, (c.) could reasonably be expected to disclose the identity of a confidential source, including a state, local or foreign agency or authority, or private institution which furnished information on a confidential basis, or the information furnished by a confidential source, (e) would disclose techniques and procedures for law enforcement investigation or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions or (f) could reasonably be expected to endanger the life or physical safety of any individual.
* (S) Records, reports, opinions, information, and statements required to be kept confidential by federal law or regulation or state rule of court, law or regulation. (i.e. information regarding juveniles, etc.)
* *Please be advised that this is not a complete list of documents that the Act exempts from
disclosure. For a full list see R.I. Gen. Laws Section 38-2-2.
* Appeal of Denial: Any person or entity denied the right to inspect a record of a public body by the Public Records Officer may petition the chief administrative officer of that public body for review of the determinations made by his or her subordinates. Any petitions from a denial should be made to Chief Gary T. Silva. A final determination whether or not to allow public inspection will be made within ten (10) business days after the submission of the review petition. R.I. Gen. Laws Section 38-2-8.
* Complaint to the Attorney General: If the Police Chief determined that the record is not subject to public inspection, the person or entity seeking disclosure may file a complaint with the Attorney General (150 South Main Street, Providence, RI 02903, telephone 401-274-4400). If
you are still not satisfied, you may file a lawsuit in Superior Court.

Thank you,
City of Newport
This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email.

From: MuckRock

Note: Request as submitted via the linked APRA portal.

From: Dvorak, Daniel

I understand, however the problem is that if you send it directly to me and I happen to be on vacation, injured, sick, etc. it will remain in my email inbox until I return to work. This is dangerous because it means we may miss our ten day deadline. So I set up a process so when a request is received on the form it is then emailed in such a fashion that it will never be lost. There is no law that states as keeper of the records I am required to check my email daily. If you take umbrage to the fact that you have to put your request on a form (and please note that name, address and phone are optional), then you can just call 401-847-1306 and one of my clerks will take your request.

Lt. Dvorak

From: George, Gwen

The report you requested is ready and consists of one page. The cost is
.15. please submit payment.

Respectfully

Gwen

From: Shawn Musgrave

A check is in the mail. Please email the report to this inbox.

Thank you,
Shawn

From: George, Gwen


From: Shawn Musgrave

Newport Police Department
120 Broadway
Newport, RI 02840

July 31, 2014

To Whom It May Concern:

Please find enclosed a check for $0.15, as requested, for our request for:

A copy of the arrest log for the past 24 hours, to include the following information at minimum:
1) Full name of the arrested adult; 
2) Home address of the arrested adult, unless doing so would identify a crime victim; 
3) Year of birth of the arrested adult; 
4) Charge or charges; 
5) Date of the arrest; 
6) Time of the arrest; 
7) Gender of the arrested adult; 
8) Race of the arrested adult; 
9) Name of the arresting officer unless doing so would identify an undercover officer.

R.I. Gen. Laws § 38-2-3.2.

Thank you very much for your help.

Sincerely,

Shawn Musgrave

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