http://www.columbiamissourian.com/a/184551/missouri-bill-would-bar-access-to-police-camera-footage/
If this passes, you'll need a court order for dash cam footage.
If this passes, you'll need a court order for dash cam footage.
What it should not be is the property of LE. They may be the custodians, but they must not be the owner. If the recorded event is done outside a private residence, or private business in some circumstances, then it must be readily available to any and all who make a claim to it.If it can be used in a court of law for prosecution it should be available under the freedom of information act in regards to discovery in matters of legal litigation.
http://www.columbiamissourian.com/a/184551/missouri-bill-would-bar-access-to-police-camera-footage/
If this passes, you'll need a court order for dash cam footage.
I think, for litigation and discovery purposes, all vids should be available BUT, the general public does not need to know what I have in my house should I have to call the cops over a break in or other similar incident. John Q. Public shouldnt be able to just file a FOIA request and get whatever vid they please. I think the exemptions need to be spelled out in a much more clear and concise manner. Something like "Any footage taken inside a private residence, or inside an area with a solid, privacy type fence is exempt from FOIA, but NOT exempt from legal discovery process, and if used in criminal proceedings wherein the suspect is found guilty, then such footage becomes subject to FOIA, but only after investigation and initial trial have been completed."
Missouri needs what a number of other states have - REAL open records laws. Laws which allow municipalities to charge for research and the cost of duplication beyond actual photocopying/media cost are detrimental to open government.
And FOIA laws are all about access ... should cost nothing just to gain access to records. I never ask for copies of records, only access to inspect. I have a crapload of records I have not paid a dime for.
Your not in MO.
They make it pretty expensive and real hard to do.
Some of the localities have even resisted sharing the ordinance book when not published on line.
There was actually a video online a few years ago where the cops came out and were threatening to beat the requester in the parking lot. His offense? He requested a complaint form but would not discuss the issue with the desk duty cop.
Corruption among municipal governing bodies is horrible here, it is what fostered the riots in Ferguson. Opinions may well vary on the Mike Brown situation, but rest assured the core problem is the fuel, Brown was only a spark.
How so? Your state sunshine laws 610.011 seq are similar to other state's.
http://www.moga.mo.gov/mostatutes/ChaptersIndex/chaptIndex610.html
I would be a millionaire in MO....
Might want to re-evaluate how rich you are going to get since they are going to charge you around 25 an hour to find the records for you.
610.026. 1. Except as otherwise provided by law, each public governmental body shall provide access to and, upon request, furnish copies of public records subject to the following: (added by me-noting MO section below)
(2) Fees for providing access to public records maintained on computer facilities, recording tapes or disks, videotapes or films, pictures, maps, slides, graphics, illustrations or similar audio or visual items or devices, and for paper copies larger than nine by fourteen inches shall include only the cost of copies, staff time, which shall not exceed the average hourly rate of pay for staff of the public governmental body required for making copies and programming, if necessary, and the cost of the disk, tape, or other medium used for the duplication. Fees for maps, blueprints, or plats that require special expertise to duplicate may include the actual rate of compensation for the trained personnel required to duplicate such maps, blueprints, or plats. If programming is required beyond the customary and usual level to comply with a request for records or information, the fees for compliance may include the actual costs of such programming.
Come on down and show us how its done Dave, this is the show me state after all.
Those are copying costs ... all states have this ... and this section is for fees for electronic records
But getting back to MO .... seems clear that these charges are copying charges and not charges to inspect records. Of course, some idiot judge could have always ruled that they are applicable to inspection too.