It is a clone of this request.
|Submitted||April 2, 2015|
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To Whom It May Concern:
Pursuant to Wisconsin's Open Records act, I hereby request the following records:
A copy of all data related to citations for marijuana possession on the state and local levels. I am specifically seeking any statistics related to the total number of arrests and/or citations for offenses related to marijuana as well as the ethnicity, age, sex, and other demographic information of the persons arrested and/or cited, if available. The time frame for which I am seeking records is from January 2011 through December 2014.
The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not being made 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 would request your response within ten (10) business days.
Dear Mr. Anderson,
I received your open records request dated April 2, 2015. Wisconsin State Patrol is not the custodian of the records you requested; "all data related to marijuana possession on the state and local levels." Your request cannot be satisfied, as no such records exist. Under Wisconsin law, if no records exist, the records custodian should inform the requester. See State ex rel Zinngrabe v. Sch. Dist. of Sevastopol, 146 Wis. 2d 629, 431 N.W.2d 734 (Ct. App. 1988).
As your request has been denied on the basis explained above, s. 19.35(4)(b), Wis. Stats. requires that you be informed that denial of a record request is subject to review by mandamus under s. 19.37(1), Wis. Stats., or upon application to the attorney general or a district attorney.
Shannon P. Ballhorn
Budget and Policy Supervisor
Division of State Patrol
Wisconsin Department of Transportation