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  1. #1
    Join Date
    Mar 2010
    Location
    Florida
    Posts
    66

    Default Missing Records

    Florida.
    I am having a difficult time getting public records from the Tampa police dept.They can't find documents from a case that was closed over 6 months ogo.I requested all docs leading to issuance of a warrent involving a failed raid in 2009.

    It took them almost 2 months to get a probable cause affidavit.And they had to get it from the city claims dept.because the officers who made it would simply not respond.After they gave it to me they acted as if they were done.They didn't even attempt to get the rest of the documents.
    I had to ask them if there was any other evidence that suggested that there was an investigation.They have been trying to contact the officers and their supervisors.

    I know the exclusion laws well and they are claiming that I am entitled to these but they just can't get any response from any other agency or the officers or their supervisors.

    I wrote a letter to the chiefs office and got an intimidating response.
    I already found 2 outright lies on the affidavit.
    And I'm afraid of a cover up.

    I have not contacted IA bureau because I know there is more evidence in the others docs.

    Any advise would be appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Missing Records

    Have you prepared and sent a proper request in utilizing the proper form and language?

    You can find additional information here:

    http://www.myflsunshine.com/

    And here:

    http://www.myflsunshine.com/sun.nsf/...2566F3007272EA

    Understand that the information you seek may be considered "criminal intelligence information" or "criminal investigative information" and not subject to release.

    If there is a pending criminal case, your attorney will be able to get all of the relevant information via discovery. If there is no case, and you are getting stonewalled for information that you believe should be released, you may have to consult an attorney to get a judge to compel the release of the information.

  3. #3
    Join Date
    Mar 2010
    Location
    Florida
    Posts
    66

    Default Re: Missing Records

    Thanks for the response.
    The records dept. has acknowledged that these records are releasable but the officer who made them is jerking them around.They are very embarrassed and apologetic.And they have basically thrown this officer under the bus.

    The affidavit said I was using a generator in my shed that they heard running,I guess to explain my low electric bill.And they used a criminal record of someone with my name but a different birth date.I have no record and no generator.

    I have read sunshineonline until I have it memorized.The records dept. says" the officers said they will come in next week". But that was a month ago.

    Is that in itself reason enough to call internal affairs?
    Just to question the records issue and not get the raid involved yet.
    Preservation of evidence is my goal right now.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Missing Records

    Quote Quoting greenmancan
    View Post
    Thanks for the response.
    The records dept. has acknowledged that these records are releasable but the officer who made them is jerking them around.They are very embarrassed and apologetic.And they have basically thrown this officer under the bus.
    The records department may not be up on the law concerning the release of investigative files.

    I am perplexed why the officer would have any part of this process because any records should be held by the record division or the court ... if they are notes held by the officer, they are not generally going to be subject to release. Someone is either ignorant or playing fast and loose.

    Or, you are going to need an attorney to shake the info loose - provided it IS info you have a lawful right to.

    The affidavit said I was using a generator in my shed that they heard running,I guess to explain my low electric bill.And they used a criminal record of someone with my name but a different birth date.I have no record and no generator.
    That's a big enough oops to potentially allow your attorney to seek the suppression of the warrant. Provided you can verify all of that to an attorney.

    Is that in itself reason enough to call internal affairs?
    Just to question the records issue and not get the raid involved yet.
    Preservation of evidence is my goal right now.
    You can call IA for whatever reason you wish. If the officer is screwing up, then by all means give them a holler. That does not mean you will find out the results of any investigation, however.

  5. #5
    Join Date
    Mar 2010
    Location
    Florida
    Posts
    66

    Default Re: Missing Records

    OK,that's what I thought. the records dept. was also perplexed as to why they did not have the records and the city claims dept. was apparently holding the circuit courts copy.Apparently they had the officer's Captain get these from the claims dept.
    It was in claims because I filed a claim for damage to my house.
    There is no case because the raid produced nothing.So I never had a chance for discovery.
    In the TPD manual it says the Captain of each block(whatever that is) is responsible for receiving docs when a case is closed.
    And he "periodically" sends them to records.

    Thank you very much.
    I feel a little more comfortable about approaching IAB.
    I just pray that The Lord hooks me up with a professional.

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