Police Report
Dear Livingston Township,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-5(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
Incident report(s), arrest/booking reports, and any supplemental reports if applicable for case number
2021-22591
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
Thank you.
Yours faithfully,
J.B. Brisker
Dear J.B. Brisker,
This comes in response to your OPRA Request for:
"Incident report(s), arrest/booking reports, and any supplemental reports
if applicable for case number
2021-22591"
The Police Department has advised there are an Incident Report, and an
Arrest Report Fraud for Incident w/ Arrest I2021-022591 and Four(4)
Detective follow up Investigative reports. The Incident & Arrest Report
are supplied herein. The Four Detective Follow Up reports are exempt as
per the Criminal Investigatory Records Exemption and are not supplied
herein.
Any redactions and/or exemptions are consistent with;
N.J.S.A. 47:1A-1 (Legislative Findings)
1) Privacy Interest - “a public agency has a responsibility and an
obligation to safeguard from public access a citizen'spersonal information
with which it has been entrusted when disclosure thereof would violate the
citizen's reasonableexpectation of privacy.” See Burnett v. Cnty. of
Bergen, 198 N.J. 408 (2009).
20) Personal identifying information. Specifically:
a. Social security numbers, except that a social security number contained
in a record required by law to be made,maintained or kept on file by a
public agency shall be disclosed when access to the document or disclosure
of thatinformation is not otherwise prohibited by State or federal law,
regulation or order or by State statute, resolution of eitheror both
houses of the Legislature, Executive Order of the Governor, rule of court
or regulation promulgated under theauthority of any statute or executive
order of the Governor.
b. In accordance with section 2 of N.J.S.A. 47:1B-2, commonly known as
“Daniel’s Law”, that portion of any documentwhich discloses the home
address, whether a primary or secondary residence, of any active, formerly
active, or retiredjudicial officer, law enforcement officer, child
protective investigator in the Division of Child Protection and
Permanency, orprosecutor, or, as defined in section 1 of N.J.S.A. 47:1B-1,
any immediate family member thereof.
c. Credit card numbers.
d. Debit card numbers.
e. Bank account information.
f. Month and day of birth.
g. Personal email address required by a public agency for government
applications, services, or programs.
h. Telephone numbers.
i. Drivers’ license numbers.
5.) Criminal investigatory records
- records which are not required by law to be made, maintained or kept on
file that are held by a law enforcement agency which pertain to any
criminal investigation or related civil enforcement proceeding.
Note: N.J.S.A. 47:1A-3(b) lists specific criminal investigatory
information which must be disclosed).
NJSA 47:1a-3(b)- Notwithstanding the provisions of P.L.1963, c.73
(C.47:1A-1 et seq.), as amended and supplemented, the following
information concerning a criminal investigation shall be available to the
public within 24 hours or as soon as practicable, of a request for such
information:
• where a crime has been reported but no arrest yet made, information as
to the type of crime, time, location, and type of weapon, if any;
• if an arrest has been made, information as to the name, address and
age of any victims unless there has not been sufficient opportunity
for notification of next of kin of any victims of injury and/or death
to any such victim or where the release of the names of any victim
would be contrary to existing law or Court Rule. In deciding on the
release of information as to the identity of a victim, the safety of
the victim and the victim's family, and the integrity of any ongoing
investigation, shall be considered;
• if an arrest has been made, information as to the defendant's name,
age, residence, occupation, marital status, and similar background
information and, the identity of the complaining party unless the
release of such information is contrary to existing law or Court Rule;
• information as to the text of any charges such as the complaint,
accusation and indictment unless sealed by the court or unless the
release of such information is contrary to existing law or court rule;
• information as to the identity of the investigating and arresting
personnel and agency and the length of the investigation;
• information of the circumstances immediately surrounding the arrest,
including but not limited to the time and placeof the arrest,
resistance, if any, pursuit, possession and nature and use of weapons
and ammunition by the suspectand by the police; and
• information as to circumstances surrounding bail, whether it was
posted and the amount thereof.
N.J.S.A. 47:1A-9(a)-(b)
1. Upholds exemptions contained in other State or federal statutes and
regulations, Executive Orders of the Governor, Rules of Court,
Constitution of this State, or judicial case law.
Executive Order No. 21 and 69
e. Fingerprint cards, plates and photographs and other similar criminal
investigation records which are required to be made, maintained or kept by
any State or local governmental agency;
Sincerely,
Township Clerk's Office
Livingston Township Hall
357 S. Livingston Avenue
Livingston, NJ 07039
P 973-992-5000 ext #5400 | F 973-535-7967
[1]www.livingstonnj.org
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