Arrest reports of incident case #23-37653
Dear East Brunswick Township,
I am writing to request access to and copies of records under the New Jersey Freedom of Information Act.
Specifically, I am seeking information related to:
Arrest Date:7/6/2023
Incident Number:23-37653
Please provide the following documents:
Arrest report
Incident report
Mugshot
Under Penalty of N.J.S.A 2C:28-3, I certify that:
1. I Have not been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
2. I, or another person, WILL use the requested government records for a commercial purpose.
3. I AM NOT seeking records in connection with a legal proceeding.
If there are any fees associated with this request, please inform me in advance. However, I respectfully request a waiver of all fees, as the disclosure of this information is in the public interest and will contribute significantly to the public's understanding of law enforcement operations.
If you deny any part of this request, please cite each specific exemption you believe justifies the refusal and notify me of the appeal procedures available under the law.
I look forward to receiving your response within the statutory time period. Thank you for your assistance in this matter.
Respectfully,
Pamelina Manna
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East Brunswick Township Public Records
Your record request #25-750 has been submitted successfully.
Thank you for submitting your Open Public Records Act (OPRA)
request!
You can expect to receive a response to your request for access
to government records within seven (7) business days after the
records custodian receives the request. Requests for a
“commercial purpose” have a fourteen (14) business day response
timeframe.
If the record you requested is not currently available or is in
storage, we will advise you when it can be made available and
provide the estimated cost of reproduction.
Thank you,
Records Custodian
Township of East Brunswick
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East Brunswick Township Public Records
Documents have been released for record request #25-750 along
with the following message:
Greetings,
This is in response to your Open Public Records Act (OPRA)
request for access to East Brunswick Police Department Records.
Your OPRA request sought access to the following records
related to case # 23-37653:
1. Arrest report
Response: Records responsive to this request are being provided
in their entirety.
2. Incident report
Response: Access to the incident report related to this matter
is denied, as it is considered a criminal investigatory record.
Such records are exempt from disclosure under OPRA pursuant to
N.J.S.A. 47:1A-1.1 to - 13, and Janeczko v. Department of Law
and Public Safety, Division of Criminal Justice, GRC Complaint
Numbers 2002-79 and 2002-80 (affirmed on appeal May 2004).
Criminal investigatory records are defined as records that are
held by a law enforcement agency, which pertain to any criminal
investigation and of which are not required by law to be made,
maintained, or kept on file. Ibid. A criminal investigatory
record remains exempt from disclosure even after the criminal
investigation has been closed. West Solloway v. Bergen County
Prosecutor's Office, GRC Complaint No. 2011-39; Woojin Hwang v.
Bergen County Prosecutor's Office, GRC Complaint No. 2011-348;
Donna Janeczko v. New Jersey Department of Law and Public
Safety, Division of Criminal Justice, GRC Complaint Nos.
2002-79 and 2002-80; Andrew Johnson/Press of Atlantic City v.
New Jersey Division of State Police, GRC Complaint No. 2004-46.
N.J. Court Rules, R. 1:38-3(f)(3) as to investigative police
reports under the control of a court unless they have been
admitted into evidence.
Moreover, the New Jersey Supreme Court and the New Jersey
Government Records' Council have both held that records which
are not "required by law to be made, maintained or kept on
file," are exempt from disclosure under OPRA when they pertain
to any criminal investigation or related civil enforcement
proceeding. See N. Jersey Media Grp., Inc. v. Twp. of
Lyndhurst, 229 N.J. 541, 556 (2017) (citing N.J.S.A.
47:1A-1.1); see also, Kovacs v. Irvington Police Department,
GRC Complaint No. 2014-196 (January 2015) (holding and
observing that the Government Records Council "has long held
that police incident reports" are exempt from disclosure under
OPRA as "criminal investigatory records" when they pertain to
any criminal investigation or related civil enforcement
proceeding, citing Nance v. Scotch Plains Police Dep't, GRC
Complaint No. 2003-125 (January 2005); Rivera v. Passaic Cnty.
Sheriff’s Office, GRC Complaint No. 2010-152 (May 2011); and
Connelly v. Twp. of Montville, GRC Complaint No. 2013-59
(September 2013)); Rivera v. Town of West New York, GRC
Complaint No. 2010- 208 (February 2013), citing Bart v. City of
Passaic, GRC Complaint No. 2007-162 (April 2008); and Executive
Order No. 26 (Gov. McGreevy 2002); Hockensmith v. Atlantic
Cntv. Prosecutor's Office, GRC Complaint No. 2014-288 (Mar.
2015) (observing that under OPRA "criminal investigatory
records include records involving all manner of crimes,
resolved or unresolved, and includes information that is part
and parcel of an investigation, confirmed and unconfirmed")
(emphasis added and internal citations omitted).
3. Mugshot
Response: There are no responsive government records.
These records are being transmitted to you electronically via
email. Pursuant to N.J.S.A. 47:1A-5.b., there is no cost
associated with this request.
If redactions are made in adherence to the principles of law,
such redactions will be detailed within attached Redaction
Logs.
The East Brunswick Police Department reserves the right to
raise any other grounds in support of this response. The
failure of the East Brunswick Police Department to assert any
exception, exemption, or privilege does not act as a waiver of
any ground for denial.
This OPRA request is now deemed answered and closed.
Regards,
Records Custodian
• [1]23-37653_Ransom, Antonette_ArrestReport.pdf-redacted.pdf
• [2]23-37653_Mayers-Franklin,
Namira_ArrestReport.pdf-redacted.pdf-redacted.pdf
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East Brunswick Township Public Records
Record request #25-750 has been closed. The closure reason
supplied was:
Greetings,
Identifiable records lawfully permitted to be accessed and
responsive to your request were provided in their entirety.
This OPRA request is now deemed answered and closed.
Thank you,
Records Custodian
[1]View Request 25-750
https://eastbrunswicktownshipnj.nextrequ...
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