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]
-----Original Message-----
From: ASK NJ Media Co. <[OPRA #6266 email]>
Sent: Tuesday, July 09, 2019 1:36 AM
To: Allyson M. Cinquegrana <[Fair Haven Borough request email]>
Subject: OPRA request - Police Case No: 19FH04455
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.
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Attached is the OPRA request.
Regards,
-----Original Message-----
From: ASK NJ Media Co.
<[1][OPRA #6266 email]>
Sent: Tuesday, July 09, 2019 1:36 AM
To: Allyson M. Cinquegrana <[2][Fair Haven Borough request email]>
Subject: OPRA request - Police Case No: 19FH04455
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. This is an open investigation case so we cannot release this
information.
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. S.O. George Williams #232, S.O.
Rob Keenan #230, Ptl. Brooks Robinson #38, Corporal John Waltz #28, S.O.
Sabrina Valentin #233
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. We do not have Body Worn
Cameras
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. We do not have dash camera footage.
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. You would have to go to the Monmouth
County Radio Room for this information
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. There are no cell phone or
phone calls to county dispatch.
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.
-------------------------------------------------------------------
Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[3][OPRA #6266 email]
Is [4][Fair Haven Borough request email] the wrong address for OPRA requests to Fair
Haven Borough? If so, please contact us using this form:
[5]https://opramachine.com/change_request/n...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]https://opramachine.com/help/officers
View this OPRA request & responses online:
[7]https://opramachine.com/request/police_c...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.
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6. https://opramachine.com/help/officers
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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.
We can not release this information as it is a investigation.
-----Original Message-----
From: ASK NJ Media Co. [mailto:[OPRA #6266 email]]
Sent: Monday, August 12, 2019 2:10 PM
To: Secretary Police <[email address]>
Subject: Re: OPRA request - Police Case No: 19FH04455
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.
-----Original Message-----
Attached is the OPRA request.
Regards,
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #6266 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://opramachine.com/help/officers
View this OPRA request & responses online:
https://opramachine.com/request/police_c...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
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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.