Request for Body-worn Camera Footage (FOIA)
Dear Piscataway Township Police Department,
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-6(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 use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
Under the authority granted by the New Jersey Open Public Records Act (N.J.S.A. 47:1A-1 et seq.), I am formally requesting the release of all body-worn camera and dashcam footage pertaining to the specific incident outlined below:
Incident Case Number: 24001774
Officer Name & Badge Number:
1. Ofc Schroeck, R. #1196 = Bodycam
2. Ofc Merrill #1114 = Bodycam
3. Ofc Cruz #1198 =Bodycam + Backseat cam
This above mentioned request encompasses all unaltered footage (if possible) from both body-worn cameras and vehicle dashcams involved in the incident of these Officers.
In compliance with the New Jersey OPRA, I expect a response to this request within seven business days as stipulated by state law. Failure to meet this deadline will result in my seeking judicial relief to enforce compliance under the statute.
Please inform me of any fees associated with the processing of this request prior to proceeding. The timely and unimpeded access to these records is essential for maintaining public transparency and upholding New Jersey's statutory requirements.
Should there be any need for clarification or further details regarding this request, please contact me directly without delay.
I appreciate your prompt attention to this matter and look forward to your cooperation.
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.
Yours faithfully,
Carli Ratke
Good Afternoon,
Your OPRA request requires additional time beyond the seven (7) business days for legal review. OPRA allows custodians to seek extensions of time pursuant to N.J.S.A. 47:1A-5.i. Specifically, OPRA states that, "the requestor shall be advised by the custodian when the record can be made available. If the record is not made available by that time, access shall be deemed denied."
Your request requires an extension of time until Tuesday, November 12th.
If the documents are compiled sooner, they will be forwarded to you immediately.
Thank you,
Kelly Mitch
Deputy Township Clerk
Good Afternoon,
Your OPRA request requires additional time beyond the seven (7) business days for legal review. OPRA allows custodians to seek extensions of time pursuant to N.J.S.A. 47:1A-5.i. Specifically, OPRA states that, "the requestor shall be advised by the custodian when the record can be made available. If the record is not made available by that time, access shall be deemed denied."
Your request requires an extension of time until Monday, November 18th.
If the documents are compiled sooner, they will be forwarded to you immediately.
Thank you,
Kelly Mitch
Deputy Township Clerk
Good Morning,
The records sought in Items 1, 2, and 3 of your OPRA request, are exempt
from disclosure under OPRA. Although, generally, Body Worn Camera (“BWC”)
footage does not qualify as a "criminal investigatory record" exempt from
disclosure under OPRA (see Jersey Media Grp., Inc. v. Twp. Of Lyndhurst,
229 N.J. 541, 565 (2017)), there are certain statutory exceptions that
render the requested records exempt from disclosure. See N.J.S.A.
40A:14-118.5(l), et seq. Specifically, N.J.S.A. 40A:14-118.5 (the "Body
Worn Camera Statute") provides, in pertinent part:
“[n]otwithstanding that a criminal investigatory record does not
constitute a government record under section 1 of P.L.1995, c. 23
(C.47:1A-1.1), only the following body worn camera recordings shall be
exempt from public inspection: body worn camera recordings subject to a
minimum three-year retention period solely and exclusively pursuant to
subparagraph (a), (b), (c), or (d) of paragraph (2) of subsection j. of
this section.” See specifically N.J.S.A. 40A:14-118.5(l)(3).
Analysis of recent case law concerning the interaction between OPRA and
the Body Worn Camera Statute's inspection provision, cited above, was
recently conducted by the Appellate Division in Fuster v. Twp. of Chatham,
477 N.J. Super. 477 (App. Div. 2023). Specifically, the Fuster Court held
that, "the exemptions listed in N.J.S.A. 40A:14-118.5(l) are in addition
to OPRA's exemptions." Id. at 491. See also Borough of Spotswood, et al.
v. Middlesex County Prosecutor's Office, MID-L-000563-24 (Law. Div. 2024)
(The Spotswood Court recognized the Body Worn Camera Statute's evidentiary
exemption pursuant to N.J.S.A. 40A:14-118.5j(2)(a) and N.J.S.A.
40A:14-118.5j (2)(c)). N.J.S.A. 47:1A-9(a)-(b) also upholds OPRA
exemptions contained in other State or federal statutes and regulations
such as in this matter.
As you are no doubt aware, the Township of Piscataway Police Department
(“PPD”) maintains certain evidence that is necessary as evidence for
ongoing prosecutions. In the instant case, the PPD BWC recordings, related
to PPD Case No. 24001774, were maintained as evidence related to the
criminal prosecution related to the incident. These BWC recordings are
subject to the three-year retention required under N.J.S.A. 40A:14-
118.5(j)(2)(a) and (c) because the subject recordings have evidentiary
value. Accordingly, pursuant to N.J.S.A. 40A:14-118.5(l), the requested
records are currently exempt from disclosure as such records are within
this three-year retention period. See Fuster, 477 N.J. Super at 491.
Your request is now closed.
Thank you,
Kelly Mitch
Deputy Township Clerk