ACLU: Ferguson police report on Michael Brown's death violates law

[Esmeralda]

ACLU Ferguson police report on Michael Brown s death violates law - Yahoo News

It looks like the Ferguson police department is more concerned about covering their ass than anything else, which suggests they are in the wrong and have a need for such a lack of transparency.

Heavily-redacted document omits key public information.

A police report on the death of Michael Brown is missing key information and violates Missouri open records laws, an ACLU attorney told Yahoo News on Friday.
The two-page document, which the Ferguson Police Department released only after pressure from journalists and civil liberties advocates, is largely redacted or left blank. The most egregious omissions are the victim’s name and a description of the offense – the fatal shooting of Brown.
“They are breaking the law,” said Tony Rothert, legal director of the ACLU of Missouri.

 

[Stephanie]

the ACLU is more worried about keeping this stirred up it seems

they should change their name

 

[Delta4Embassy]

ACLU rocks. When police demanded motorists's DNA samples they were all over it. But in their advocacy of our Bill of Rights, sometimes they come down on the side we like, sometimes they don't. But it's unfair to bash and criticize them for simply being fair and neutral.

(hides his ACLU card.)

 

[Interpol]

the ACLU is more worried about keeping this stirred up it seems

Uhhh, no.

It's the Ferguson Police Dept. that has stirred things up by their total lack of transparency the past 2 weeks.

Why is the incident report so bare? Easy. That's because they'll fill it in later with a narrative that suits them best.

It's about as naked as corruption can be.

 

[Delta4Embassy]

I'd think the main reason (and I haven't seen it yet) it's bare is because releasing what will become a piece of evidence at trial to the public is setting in stone whatever it says. If at trial the info then changes, charges of lying or even perjury can be levelled.

 

[Stephanie]

all of two weeks? well that's government for ya

 

[Stephanie]

ACLU rocks. When police demanded motorists's DNA samples they were all over it. But in their advocacy of our Bill of Rights, sometimes they come down on the side we like, sometimes they don't. But it's unfair to bash and criticize them for simply being fair and neutral.

(hides his ACLU card.)

I suppose. But I have bad taste for lawyers...
Here's something off their site. they aren't for just liberties. they have an AGENDA
Smart Justice Fair Justice American Civil Liberties Union

 

[Delta4Embassy]

I suppose. But I have bad taste for lawyers...
Here's something off their site. they aren't for just liberties. they have an AGENDA
Smart Justice Fair Justice American Civil Liberties Union

As do many, until they need one.

 

[EverCurious]

FPD has been saying from the get-go that it is County's policy not to release information until after the investigation. Chief Jackson also said that he'd handed the case immediately to County to investigate.

I don't understand the uproar expecting FPD to release information, they released everything that was available in public record. County controls the rest.

Does anyone know that the media/public have a) Sunshine requested the documents from County and b) if the law says County doesn't have to release those records prior to their investigation?

 

[Esmeralda]

It is a standard, basic police report. If you reported a burglary and the police came and took down a report, that is what it would be. It's not a secret document. This document is not filled out. Why? Your burglary report would be filled out; why isn't this incident report filled out?

 

[EverCurious]

Alright. Like I said though, does anyone know if County has been Sunshine requested for that information?

Addition: I would think if it was requested and denied it'd be widely reported as County ignoring the law. Right?

 

[Esmeralda]

According to the article, this information has been requested and denied.

 

[Stephanie]

I suppose. But I have bad taste for lawyers...
Here's something off their site. they aren't for just liberties. they have an AGENDA
Smart Justice Fair Justice American Civil Liberties Union

As do many, until they need one.

I Take it you're a lawyer? I could've used you in March...lol

 

[Delta4Embassy]

I Take it you're a lawyer? I could've used you in March...lol

No lol! I don't have that kind of patience for law school. But guess maybe some stereotypes are truer than others. I'm Jewish so...

 

[Stephanie]

According to the article, this information has been requested and denied.

Well this is becoming a standard for Government. I wish they were more worried about our Federal government under Obama not releasing information asked for. Or losing emails just in time for an investigation...
That's why I don't take the ACLU seriously

 

[Stephanie]

I Take it you're a lawyer? I could've used you in March...lol

No lol! I don't have that kind of patience for law school. But guess maybe some stereotypes are truer than others. I'm Jewish so...

Ok, I'm good with you then. lol

 

[LoneLaugher]

According to the article, this information has been requested and denied.

Well this is becoming a standard for Government. I wish they were more worried about our Federal government under Obama not releasing information asked for. Or losing emails just in time for an investigation...
That's why I don't take the ACLU seriously

OBAMA!!!!!!!

 

[EverCurious]

Spoiler: Full 610.100.2

Definitions--arrest and incident records shall be available to public--closed records, when--record redacted, when--access to incident reports, record redacted, when--action for disclosure of investigative report authorized, costs--application to open incident and arrest reports, violations, civil penalty--identity of victim of sexual offense.

610.100. 1. As used in sections 610.100 to 610.150, the following words and phrases shall mean:

(1) "Arrest", an actual restraint of the person of the defendant, or by his or her submission to the custody of the officer, under authority of a warrant or otherwise for a criminal violation which results in the issuance of a summons or the person being booked;

(2) "Arrest report", a record of a law enforcement agency of an arrest and of any detention or confinement incident thereto together with the charge therefor;

(3) "Inactive", an investigation in which no further action will be taken by a law enforcement agency or officer for any of the following reasons:

(a) A decision by the law enforcement agency not to pursue the case;

(b) Expiration of the time to file criminal charges pursuant to the applicable statute of limitations, or ten years after the commission of the offense; whichever date earliest occurs;

(c) Finality of the convictions of all persons convicted on the basis of the information contained in the investigative report, by exhaustion of or expiration of all rights of appeal of such persons;​

(4) "Incident report", a record of a law enforcement agency consisting of the date, time, specific location, name of the victim and immediate facts and circumstances surrounding the initial report of a crime or incident, including any logs of reported crimes, accidents and complaints maintained by that agency;

(5) "Investigative report", a record, other than an arrest or incident report, prepared by personnel of a law enforcement agency, inquiring into a crime or suspected crime, either in response to an incident report or in response to evidence developed by law enforcement officers in the course of their duties.​

2. Each law enforcement agency of this state, of any county, and of any municipality shall maintain records of all incidents reported to the agency, investigations and arrests made by such law enforcement agency. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the provisions of subsections 4, 5 and 6 of this section or section 320.083, investigative reports of all law enforcement agencies are closed records until the investigation becomes inactive. If any person is arrested and not charged with an offense against the law within thirty days of the person's arrest, the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed and except as provided in section 610.120.

3. Except as provided in subsections 4, 5, 6 and 7 of this section, if any portion of a record or document of a law enforcement officer or agency, other than an arrest report, which would otherwise be open, contains information that is reasonably likely to pose a clear and present danger to the safety of any victim, witness, undercover officer, or other person; or jeopardize a criminal investigation, including records which would disclose the identity of a source wishing to remain confidential or a suspect not in custody; or which would disclose techniques, procedures or guidelines for law enforcement investigations or prosecutions, that portion of the record shall be closed and shall be redacted from any record made available pursuant to this chapter.

4. Any person, including a family member of such person within the first degree of consanguinity if such person is deceased or incompetent, attorney for a person, or insurer of a person involved in any incident or whose property is involved in an incident, may obtain any records closed pursuant to this section or section 610.150 for purposes of investigation of any civil claim or defense, as provided by this subsection. Any individual, his or her family member within the first degree of consanguinity if such individual is deceased or incompetent, his or her attorney or insurer, involved in an incident or whose property is involved in an incident, upon written request, may obtain a complete unaltered and unedited incident report concerning the incident, and may obtain access to other records closed by a law enforcement agency pursuant to this section. Within thirty days of such request, the agency shall provide the requested material or file a motion pursuant to this subsection with the circuit court having jurisdiction over the law enforcement agency stating that the safety of the victim, witness or other individual cannot be reasonably ensured, or that a criminal investigation is likely to be jeopardized. If, based on such motion, the court finds for the law enforcement agency, the court shall either order the record closed or order such portion of the record that should be closed to be redacted from any record made available pursuant to this subsection.

5. Any person may bring an action pursuant to this section in the circuit court having jurisdiction to authorize disclosure of the information contained in an investigative report of any law enforcement agency, which would otherwise be closed pursuant to this section. The court may order that all or part of the information contained in an investigative report be released to the person bringing the action. In making the determination as to whether information contained in an investigative report shall be disclosed, the court shall consider whether the benefit to the person bringing the action or to the public outweighs any harm to the public, to the law enforcement agency or any of its officers, or to any person identified in the investigative report in regard to the need for law enforcement agencies to effectively investigate and prosecute criminal activity. The investigative report in question may be examined by the court in camera. The court may find that the party seeking disclosure of the investigative report shall bear the reasonable and necessary costs and attorneys' fees of both parties, unless the court finds that the decision of the law enforcement agency not to open the investigative report was substantially unjustified under all relevant circumstances, and in that event, the court may assess such reasonable and necessary costs and attorneys' fees to the law enforcement agency.

6. Any person may apply pursuant to this subsection to the circuit court having jurisdiction for an order requiring a law enforcement agency to open incident reports and arrest reports being unlawfully closed pursuant to this section. If the court finds by a preponderance of the evidence that the law enforcement officer or agency has knowingly violated this section, the officer or agency shall be subject to a civil penalty in an amount up to one thousand dollars. If the court finds that there is a knowing violation of this section, the court may order payment by such officer or agency of all costs and attorneys' fees, as provided by section 610.027. If the court finds by a preponderance of the evidence that the law enforcement officer or agency has purposely violated this section, the officer or agency shall be subject to a civil penalty in an amount up to five thousand dollars and the court shall order payment by such officer or agency of all costs and attorney fees, as provided in section 610.027. The court shall determine the amount of the penalty by taking into account the size of the jurisdiction, the seriousness of the offense, and whether the law enforcement officer or agency has violated this section previously.

7. The victim of an offense as provided in chapter 566 may request that his or her identity be kept confidential until a charge relating to such incident is filed.

In specific the part that redatcted says 610.100.2:

2. Each law enforcement agency of this state, of any county, and of any municipality shall maintain records of all incidents reported to the agency, investigations and arrests made by such law enforcement agency. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the provisions of subsections 4, 5 and 6 of this section or section 320.083, investigative reports of all law enforcement agencies are closed records until the investigation becomes inactive. If any person is arrested and not charged with an offense against the law within thirty days of the person's arrest, the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed and except as provided in section 610.120.

Sounds like regardless, FPD/County are acting as per the law.

 

[Esmeralda]

According to the article, this information has been requested and denied.

Well this is becoming a standard for Government. I wish they were more worried about our Federal government under Obama not releasing information asked for. Or losing emails just in time for an investigation...
That's why I don't take the ACLU seriously

OBAMA!!!!!!!

Yes, everything that's wrong on the effing planet is Obama's fault, don't ya know.

 

[Esmeralda]

Spoiler: Full 610.100.2

Definitions--arrest and incident records shall be available to public--closed records, when--record redacted, when--access to incident reports, record redacted, when--action for disclosure of investigative report authorized, costs--application to open incident and arrest reports, violations, civil penalty--identity of victim of sexual offense.

610.100. 1. As used in sections 610.100 to 610.150, the following words and phrases shall mean:

(1) "Arrest", an actual restraint of the person of the defendant, or by his or her submission to the custody of the officer, under authority of a warrant or otherwise for a criminal violation which results in the issuance of a summons or the person being booked;

(2) "Arrest report", a record of a law enforcement agency of an arrest and of any detention or confinement incident thereto together with the charge therefor;

(3) "Inactive", an investigation in which no further action will be taken by a law enforcement agency or officer for any of the following reasons:

(a) A decision by the law enforcement agency not to pursue the case;

(b) Expiration of the time to file criminal charges pursuant to the applicable statute of limitations, or ten years after the commission of the offense; whichever date earliest occurs;

(c) Finality of the convictions of all persons convicted on the basis of the information contained in the investigative report, by exhaustion of or expiration of all rights of appeal of such persons;​

(4) "Incident report", a record of a law enforcement agency consisting of the date, time, specific location, name of the victim and immediate facts and circumstances surrounding the initial report of a crime or incident, including any logs of reported crimes, accidents and complaints maintained by that agency;

(5) "Investigative report", a record, other than an arrest or incident report, prepared by personnel of a law enforcement agency, inquiring into a crime or suspected crime, either in response to an incident report or in response to evidence developed by law enforcement officers in the course of their duties.​

2. Each law enforcement agency of this state, of any county, and of any municipality shall maintain records of all incidents reported to the agency, investigations and arrests made by such law enforcement agency. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the provisions of subsections 4, 5 and 6 of this section or section 320.083, investigative reports of all law enforcement agencies are closed records until the investigation becomes inactive. If any person is arrested and not charged with an offense against the law within thirty days of the person's arrest, the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed and except as provided in section 610.120.

3. Except as provided in subsections 4, 5, 6 and 7 of this section, if any portion of a record or document of a law enforcement officer or agency, other than an arrest report, which would otherwise be open, contains information that is reasonably likely to pose a clear and present danger to the safety of any victim, witness, undercover officer, or other person; or jeopardize a criminal investigation, including records which would disclose the identity of a source wishing to remain confidential or a suspect not in custody; or which would disclose techniques, procedures or guidelines for law enforcement investigations or prosecutions, that portion of the record shall be closed and shall be redacted from any record made available pursuant to this chapter.

4. Any person, including a family member of such person within the first degree of consanguinity if such person is deceased or incompetent, attorney for a person, or insurer of a person involved in any incident or whose property is involved in an incident, may obtain any records closed pursuant to this section or section 610.150 for purposes of investigation of any civil claim or defense, as provided by this subsection. Any individual, his or her family member within the first degree of consanguinity if such individual is deceased or incompetent, his or her attorney or insurer, involved in an incident or whose property is involved in an incident, upon written request, may obtain a complete unaltered and unedited incident report concerning the incident, and may obtain access to other records closed by a law enforcement agency pursuant to this section. Within thirty days of such request, the agency shall provide the requested material or file a motion pursuant to this subsection with the circuit court having jurisdiction over the law enforcement agency stating that the safety of the victim, witness or other individual cannot be reasonably ensured, or that a criminal investigation is likely to be jeopardized. If, based on such motion, the court finds for the law enforcement agency, the court shall either order the record closed or order such portion of the record that should be closed to be redacted from any record made available pursuant to this subsection.

5. Any person may bring an action pursuant to this section in the circuit court having jurisdiction to authorize disclosure of the information contained in an investigative report of any law enforcement agency, which would otherwise be closed pursuant to this section. The court may order that all or part of the information contained in an investigative report be released to the person bringing the action. In making the determination as to whether information contained in an investigative report shall be disclosed, the court shall consider whether the benefit to the person bringing the action or to the public outweighs any harm to the public, to the law enforcement agency or any of its officers, or to any person identified in the investigative report in regard to the need for law enforcement agencies to effectively investigate and prosecute criminal activity. The investigative report in question may be examined by the court in camera. The court may find that the party seeking disclosure of the investigative report shall bear the reasonable and necessary costs and attorneys' fees of both parties, unless the court finds that the decision of the law enforcement agency not to open the investigative report was substantially unjustified under all relevant circumstances, and in that event, the court may assess such reasonable and necessary costs and attorneys' fees to the law enforcement agency.

6. Any person may apply pursuant to this subsection to the circuit court having jurisdiction for an order requiring a law enforcement agency to open incident reports and arrest reports being unlawfully closed pursuant to this section. If the court finds by a preponderance of the evidence that the law enforcement officer or agency has knowingly violated this section, the officer or agency shall be subject to a civil penalty in an amount up to one thousand dollars. If the court finds that there is a knowing violation of this section, the court may order payment by such officer or agency of all costs and attorneys' fees, as provided by section 610.027. If the court finds by a preponderance of the evidence that the law enforcement officer or agency has purposely violated this section, the officer or agency shall be subject to a civil penalty in an amount up to five thousand dollars and the court shall order payment by such officer or agency of all costs and attorney fees, as provided in section 610.027. The court shall determine the amount of the penalty by taking into account the size of the jurisdiction, the seriousness of the offense, and whether the law enforcement officer or agency has violated this section previously.

7. The victim of an offense as provided in chapter 566 may request that his or her identity be kept confidential until a charge relating to such incident is filed.

In specific the part that redatcted says 610.100.2:

2. Each law enforcement agency of this state, of any county, and of any municipality shall maintain records of all incidents reported to the agency, investigations and arrests made by such law enforcement agency. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the provisions of subsections 4, 5 and 6 of this section or section 320.083, investigative reports of all law enforcement agencies are closed records until the investigation becomes inactive. If any person is arrested and not charged with an offense against the law within thirty days of the person's arrest, the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed and except as provided in section 610.120.

Sounds like regardless, FPD/County are acting as per the law.

If they are acting according to the law, why do you imagine an ACLU attorney is sayiing they are not doing so? Is it possible you are incorrectly interpreting what you're reading? I would imagine the ACLU attorney understands legalese better than a layman.