911 call audio 5/24/2014 3643 N Prospect Ave. (5:40am)

Brian Bates filed this request with the Oklahoma City Police Department of Oklahoma City, OK .
Status
Rejected

Communications

From: Brian Bates


To Whom It May Concern:

Pursuant to the Oklahoma Open Records Act, I hereby request the following records:

I am seeking a copy of the audio contained in a 911 call placed on 5/24/2014 at approx. 5:40am. The dispatch location was Sooner Haven Apartments in OKC. Specifically either 3543 N Prospect (As noted by Lt. Michelle Holland) or 3643 N Prospect Ave. (As noted by Det Rocky Gregory). The call was reportedly placed by Tina Wilbourne. It is my understanding the call was regarding a woman named Terri Morris who was creating a disturbance at this location.

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 10 business days.

Sincerely,

Brian Bates

From: Brian Bates

To Whom It May Concern:

Pursuant to the Oklahoma Open Records Act, I hereby request the following records:

I am seeking a copy of the audio contained in a 911 call placed on 5/24/2014 at approx. 5:40am. The dispatch location was Sooner Haven Apartments in OKC. Specifically either 3543 N Prospect (As noted by Lt. Michelle Holland) or 3643 N Prospect Ave. (As noted by Det Rocky Gregory). The call was reportedly placed by Tina Wilbourne. It is my understanding the call was regarding a woman named Terri Morris who was creating a disturbance at this location.

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 10 business days.

Sincerely,

Brian Bates

From: Oklahoma City Police Department

Re: Open Records Request to OCPD dated July 20, 2019

Mr. Bates:

In response to your July 20, 2019 Open Records Request to the OCPD which is contained in the email from MuckRock News below, please be advised of the following: 911 calls are not ordinarily an Open Record. See 51 O.S. § 24A.8. Your request is denied.

Richard Smith

From: Brian Bates

Mr. Richard Smith,

On 4/10/2019 I made a similar request via MuckRock for a 911 call dated 5/24/2014.

https://www.muckrock.com/foi/oklahoma-city-341/911-audio-recordings-transcripts-call-logs-05242014-0300hrs-ne-23-and-kelly-71574/

That request was granted within two days without question.

How this this request any different?

911 calls are routinely released by your office to the media for public release.

Please either honor the original FOI request or kindly explain why the first request was granted and this subsequent request is being denied.

Brian Bates

From: Brian Bates

Furthermore, I would refer you to Section 24A.8 - Law Enforcement Agency Records Available for Public Inspection...

A. Law enforcement agencies shall make available for public inspection and copying, if kept, the following records:

9. Audio and video recordings from recording equipment attached to law enforcement vehicles or associated audio recordings from recording equipment on the person of a law enforcement officer; provided, the law enforcement agency may, before releasing any audio or video recording provided for in this paragraph, redact or obscure specific portions of the recording which:

From: Oklahoma City Police Department

Re: Open Records Request to OCPD dated July 20, 2019

Mr. Bates:

In response to your inquiries about the denial of your most recent request for an open record (the 5/24/14 at 5:40 a.m. 911 call regarding Terri Morris), please be advised that I authorized the release of the 911 call from Christopher Shelton (the 5/24/14 at 3:00 a.m. call regarding Ms. Morris) because I believed the OCPD had previously released it to the media. The 5:40 a.m. call has not been previously released. The release of any “document” unless specifically required to be released (and 911 calls are not specifically required to be released) is discretionary with a law enforcement agency. 51 O.S. § 24A.8B.

Secondly, a 911 call is not recorded on a device “attached to law enforcement vehicles” or “recording equipment on the person of a law enforcement officer.” Therefore, 51 O.S. § 24A.8(9) is not applicable.

I trust this answers your questions.

Richard Smith

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