Police Case No: 19FH04455
ASK NJ Media made this OPRA request to Fair Haven Borough This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Fair Haven Borough,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
1. Police Case No: 19FH04455 and any supplemental reports added to it.
6-28-2019 Approximately 11:42pm. DWI Checkpoint
2. A list of all police officers by rank, name and badge number that were involved during the above described event.
3. I seek all Body-Worn Camera Footage and audio communication recordings for any police officers-involved for the above incident on 6-28-2019 at the DWI Checkpoint approximately 11:42pm.
4. Please provide all dash camera footage and audio communication for any police car involved for the above incident on 6-28-2019 at the DWI Checkpoint approximately 11:42pm.
5. Any and all radio transmissions between police dispatch and any officers involved for the above incident on 6-28-2019 at the DWI Checkpoint approximately 11:42pm.
6. Any and all cell phone calls/phone calls between police dispatch and any officers involved for the above incident that happened on 6-28-2019 at the DWI Checkpoint approximately 11:42pm.
7. A copy of any and all cell phone texts between police dispatch and any officers involved for the above incident that happened on 6-28-2019 at the DWI Checkpoint approximately 11:42pm.
Yours faithfully,
ASK NJ Media Co.
Your request was received and sent to the Police Department for their reply.
Allyson M. Cinquegrana, RMC/CMR
Borough Clerk/Assistant Administrator/Deputy Registrar
Borough of Fair Haven
732-747-0241, ext. *221
732-747-6962 fax
[Fair Haven Borough request email]
Dear Secretary Police,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
1. Police Case No: 19FH04455 and any supplemental reports added to it (With Complete Narrative(s).
6-28-2019 Approximately 11:42pm. DWI Checkpoint
Please send in PDF Form.
Yours sincerely,
ASK NJ Media Co.
Dear ASK NJ Media Co.,
The Borough of Fair Haven Police Department’s (“Police Department”)
Records Custodian received your Open Public Records Act (“OPRA”) request
dated August 12, 2019 on same date. The Police Department responds
accordingly.
For ease of reference, your OPRA request seeks the following:
1. Police Case No: 19FH04455 and any supplemental reports added to it
(With Complete Narrative(s). 6-28-2019 Approximately 11:42pm. DWI
Checkpoint
With respect to your request, the Police Department is legally precluded
from releasing the requested records because these constitute “criminal
investigatory records” that are exempt from public access. N.J.S.A.
47:1A-1.1 removes “criminal investigatory records” from the definition of
“government record.” These reports constitute “criminal investigatory
records” as they are not required by law to be made, maintained or kept on
file, and they are held by the Police Department (a law enforcement
agency); each of the reports also clearly pertains to a criminal
investigation. As such, each of the reports at issue is a “criminal
investigatory record” within the meaning of N.J.S.A. 47:1A-1.1 and
therefore, the report at issue is shielded from public access. See North
Jersey Media Group, Inc. v. Township of Lyndhurst, 229 N.J. 541, 574, 163
A.3d 887 (2017); Bernisky v. NJ State Police, GRC Complaint No. 2014-275
(June 2015); Massoni v. Bergen Cty. Prosecutor’s Office, GRC Complaint No.
2014-253 (February 2015); Scott v. Red Bank Police Dep’t, GRC Complaint
No. 2011-244 (February 2013); Janeczko v. N.J. Dep’t of Law and Pub.
Safety, Div. of Criminal Justice, GRC Complaint Nos. 2002-79 and 2002-80
(June 2004). Please be advised that the exception does not permit access
to criminal investigatory records once the investigation is complete.
Your OPRA request is now deemed answered and closed. In the event of a
clarification or appeal, Police Department reserves the right to raise any
other ground for denial not raised in this response. The failure of the
Police Department to assert an exception or privilege at this time does
not act as a waiver of any grounds for denial. Thank you for your
professional courtesies and attention to this matter.
Very truly yours,
Fair Haven Police Department
Dear Jesse Dykstra,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
Please send your response in PDF form.
1. Copies of any mug shot(s), arrest report(s), criminal charge complaint(s), affidavit(s) of probable cause against defendant Kelsey Coombs in the Police Case No: 19FH04455.
Please include a Record Index with your response.
*A record index that identifies each record requested and the specific legal basis for a denial of access (including redactions) to each record.
Yours sincerely,
ASK NJ Media Co.
Dear Jesse Dykstra,
I withdraw my OPRA request that I sent to this e-mail address as of today.
Yours sincerely,
ASK NJ Media Co.