NoDAPL Footage (South Dakota Highway Patrol)

Emma Best filed this request with the South Dakota Highway Patrol of South Dakota.
Status
Rejected

Communications

From: Michael Best

To Whom It May Concern:

Pursuant to the South Dakota Sunshine Law, I hereby request the following records:

Copies of all photographs, pictures, audio, video or other recordings of protests and protestors taken or maintained by your agency and relating to the North Dakota Pipeline or to the Standing Rock Indian Reservation.

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, as the statute requires.

Sincerely,

Michael Best

From: Turman, Kristi

Hello Mr. Best: attached please find a response to your request for records in South Dakota.

Kristi Turman
Director
Division of Emergency Services, and
Office of Communications
South Dakota Department of Public Safety
118 West Capitol Avenue
Pierre, SD 57501

From: Michael Best

I do have an additional question: what is the basis for the denial?

From: Michael Best

I am still waiting for the answer to my question, as you promised in your rejection. What is the basis for my denial?

From: Turman, Kristi

Good morning Mr. Best:

As stated in my response to you, the denial is pursuant to SDCL 1-27-1.5 (5). This law states:

(5) Records developed or received by law enforcement agencies and other public bodies charged with duties of investigation or examination of persons, institutions, or businesses, if the records constitute a part of the examination, investigation, intelligence information, citizen complaints or inquiries, informant identification, or strategic or tactical information used in law enforcement training. However, this subdivision does not apply to records so developed or received relating to the presence of and amount or concentration of alcohol or drugs in any body fluid of any person, and this subdivision does not apply to a 911 recording or a transcript of a 911 recording, if the agency or a court determines that the public interest in disclosure outweighs the interest in nondisclosure. This law in no way abrogates or changes ยงยง 23-5-7 and 23-5-11 or testimonial privileges applying to the use of information from confidential informants;

Kristi

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