Do anonymous tips that police receive through crime stoppers become public record if there is no active case or investigation?
Do anonymous tips that police receive through crime stoppers become public record if there is no active case or investigation?
In most states, police reports from closed investigations are available under Freedom of Information Act / "Sunshine" laws. Check the FOIA laws for whatever state is involved.
Thank you Mr. Knowitall.
I should have been more specific; this is in Florida. I have already received all the documents in relation to a certain incident, except for the actual tip as received by crime stoppers.
I know that it is probably state specific and maybe even circuit specific; so, the answer is of course to consult an attorney. There is only one lawyer here that actually wins cases and, he charges 250.00 for a consultation and, there is a 2 month wait to see him. I will talk to him but only when I can hand him a convincing case.
Right now, I am researching I am trying to interpret open records exemptions:
"Ch. 119.071(2)(f) Any information revealing the identity of a confidential informant or confidential source as in s. 119.071(2)(f."
Why does this refer to itself?
It does not cover anonymous tips. I am being told by a records dept that an anonymous tip is a confidential source. They would not consider redacting identifying info.
The definitions for CH. 119.000 do not cover anonymous tips. I searched my PD's policy (CALEA standards), it does not clarify either. I have found an SOP manual that does clarify that anonymous must be truly anonymous or it cannot be called such. And that it was important to keep it truly anonymous because it was discoverable, but it was for a high school police force in New Jersey. Crime stoppers are careful to tell you not to give any identifiable info. Why if it’s not discoverable? Of course, if it is truly anonymous, then there is no one to discover. In most cases the investigation of the tip is more important. The tip itself is treated more like a red flag than a source.
Any input or clues on where to look would be helpful. I have searched most of the popular research sites and My Sunshine Law, FDLE, States Attorney and read many cases.
One of the "beauties" of things like CrimeLine and crime stopper programs is that they are not "the police", they are corporations; non-profit entities - and thus many things like Sunshine laws and other disclosure-related rules don't apply, or, they apply VERY differently. You're trying to apply 119.071, which applies to government entities, to a public corporation. VERY big difference. This setup isn't by mistake - it's by DESIGN, intended to keep the program separate and apart from governmental law enforcement agencies and thus not subject to the same standards, requirements, and criteria as part of the effort of establishing and maintaining the level of confidentiality that allows such programs to function. It allows police to say "we got the tip information from a third party", where the program often gets listed as "the complainant". Police are purposely NOT usually given any information that the tip taker may happen to have. If they don't have it, they can't be compelled to disclose it. If you plan to attack that third party status as it relates to receipt of the actual tip by the non-profit entity, you're going to need HEFTY amounts of attorney assistance to even attempt to crack that egg, because the attorneys from all of the individual program across the state, across the nation, the Florida Association of Crime Stoppers, and Crime Stoppers International have more than 30 years of experience in dealing with that particular issue (since 1977 here in Florida, when my mom sat on the very first board of directors and starred in the second televised crime re-creation with actress Lonnie Anderson) - and they've learned by experience (hundreds of people wanting to "crack" the tip) how to set up their bylaws, policies, procedures, record-keeping (or purposeful lack thereof), methods of advancing information from a tip to an investigator, and relationships with law enforcement entities, in order to accomplish their primary goal - protecting the confidentiality of tipsters.
In other words, you're trying to shake a government orange tree and get corporate apples to fall out of it. You're going to need the services of an attorney with keen experience in public records law and applicability to non-profit entities. And a hefty retainer to get that research rolling. I suspect you won't like the outcome of that research, but it's your money to spend.
OMG aardvard,that is just what the voices have been telling me.
Seriously after over 300 hours of research I was slowly coming to that conclusion.I have read many of your posts so I can't accuse you of being a conspiracy theorist.
I was 17 when Lonnie Anderson aired that.I would have agreed with anything she said.
My mom was the other bank teller depicted in the bank robbery re-creation =) She helped form the program and served as Executive Director for the first few years. She later managed the Florida Association of CrimeLines Anonymous (FACLA), so I grew up helping to proofread the exact types of bylaws, policies and procedures, and sitting in on meetings that addressed these exact issues, so I have a unique background of exposure to these operations.
Seriously though, there are LOTS of different programs where tipster information is taken in and protected by various means - even by agencies such as the Florida state-level law enforcement agency that I work for now. We take tips via phone and online submission, and we VERY purposely DON'T use things like IP tracking, caller ID, or the "typical" tracking mechanisms exactly so that we don't HAVE such information and don't have to deal with release of that information. When records of those investiations are subpoena'd, the identity of the informant is simply "tip alert" or "anonymous". We identify tipsters with a code, like a color/number combination, and should there be any reward paid, just like with programs like CrimeLine, the check is actually made payable to a member of the command staff, converted into a cashier's check or other payment instrument, and the tipster is directed to retrieve the reward at a particular bank using a code system (over-simplified, but you get the idea). They give the teller the appropriate code, get the cash, and walk out. With no one knowing their identity. Means they can't be subpoena'd, and also means that the case can't move forward without law enforcement working to gather their own evidence on the case, since the tipster can't take the stand. A tip merely functions to tell law enforcement where to look for potential violations. Lots of really good tips often don't produce results, precisely because the information being given can't be substantiated via independent investigation. And of course, there are a TON of "tips" who are simply jilted lovers, business rivals, and other parties with a grudge who are trying to get someone else in trouble. That dynamic is understood to occur a LOT within tip systems, which is why the independent investigation aspect is so important.
I actually believe crime stoppers is a valuable tool for law enforcement.When it is used properly it should be a heads up or red flag pointing to a place worthy of investigation.And even in my case it was used properly for years.I ran an address check back to 2006 and found I was investigated due to an anonymous tip every 6 months.I would have never known if they had not raided my house.
http://www.expertlaw.com/forums/showthread.php?t=97029
This is my thread describing the raid.
http://www.expertlaw.com/forums/showthread.php?t=104405
This is the thread describing my struggle to obtain all records.
Which I finally accomplished all except the wording of the actual tip.
This is not Crime stoppers fault.This happened do to a really lame investigation and fabrications on the part of my police dept.I had let it go until 6 months after the raid when the police did a knock and talk.I was accused of running a grow house.Thats when I decided to pursue the issue.
I already knew who was making the tips.They know the system very well and they vowed to destroy us in 2003.They called child protective services with such wild accusations that the investigation only took 1 visit to clear up.
Unfortunately for them they think I'm another person and have been attacking some poor slob with the same first and last name.Saying he resides at my address.They got this idea because they were so sure I was a criminal that they went to the "who's in jail" site in 2003 and searched for my first and last name.There was only one person,and it was not me.
In the PC affidavit they used his criminal narcotics conviction to convince the Judge I was a dangerous person.The only problem is his age and middle name is different.I have no criminal record.They must have realized they made a mistake because they got my name and age right on the search warrant.They raided me anyway knowing they had supplied erroneous information to the Judge.That's why the PC affidavit went missing and it took the records department two months to get it.
I just got this back from my police departments crime prevention unit.At the bottom is my last response which they haven't read yet.
Service Type: Police Crime Prevention Unit
Message: I am requesting information about protecting my family from malicious anonymous tips given to police through crime stoppers.I called crime stoppers and asked if they could do anything but they were not helpful at all.They claimed there was nothing in the law requiring them to do anything and that these tips are not public record.
So there seems to be no consequences for giving false information because they are not giving it directly to police.This seems ripe for abuse as there is no accountability.This is a prime tool for harassing citizens by persons with malicious intent.
My question is are anonymous tips given through crime stoppers public records?
Is it a crime to give crime-stoppers false information?
Does the police dept. investigate these types of things?If so I would like to talk with someone about this matter.
7/29/2010 10:26 AM
Message Read
Police Corporal, Police
7/29/2010 11:01 AM
Message Read via xxxxx
7/29/2010 3:24 PM
Closed
Police Corporal, Police
Email was directed to:
xxxxxxxx (Requestor)
Other Actions:
- Message status changed to Closed
Message: Mr.xxxxx,
Per F.S. 119.071(2) records that might reveal the identity of an informant are exempt from disclosure.
This statute would apply to records kept by Crime Stoppers.
837.05 False reports to law enforcement authorities, makes it illegal to knowingly give false information to a law enforcement officer.
7/29/2010 3:54 PM
Message Read via xxxxx
7/29/2010 3:57 PM
Note
xxnamexx
Message: Thank you for your response.
How would I go about having a suspected malicious tip investigated?
7/30/2010 6:22 AM
Message Read
Police Corporal, Police
7/30/2010 7:16 AM
Message Read via xxxxxx
8/2/2010 12:17 PM
Note
xxnamexx
Message: Hello,is this a difficult question?
8/2/2010 12:30 PM
Message Read
Police Corporal, Police
8/2/2010 1:17 PM
Message Read via xxxxx
8/4/2010 12:59 PM
Note sent
Police Corporal, Police
Email was directed to:
xxxxxx (Requestor)
Message: I would recommend that you contact an attorney regarding that. That would not be a violation of criminal law.
8/4/2010 2:27 PM
Message Read via xxxxxx
8/4/2010 2:52 PM
Note
xxnamexx
Message: I already did contact several lawyers,they all tell me that because the tips contain false information it is criminal and to contact police.Are you saying that TPD will not even consider investigating this type of crime?
I have probable cause to believe that a crime was committed and that it is ongoing.
Are you saying that you refuse to even consider my evidence of criminal activity?
8/5/2010 3:22 PM
Message Read
Police Corporal, Police
8/5/2010 3:29 PM
Note sent
Police Corporal, Police
Email was directed to:
xxxxxx (Requestor)
Message: FSS 837.05 stipulates that false information knowingly given to a "law enforcement officer" is a crime. Crime stoppers call takers are not law enforcement officers. When they forward the information received to law enforcement, they are doing so in good faith that the information is not malicious.
8/6/2010 9:54 AM
Message Read via xxxxxx
8/6/2010 10:38 AM
Note
xxnamexx
Message: Ok,I see what your saying,that would be a civil matter.
Do you have a way of letting whoever receives tips at TPD know that the person could be a target of malicious activity.
I'm not saying don't investigate me because I would consider that an unreasonable request.I think what would be reasonable is to give the person investigating these tips an indication that there has been previous tips.If I were investigating a citizen I would want to know.They might contain clues that would move an investigation along or help prevent wasted man hours.
When I was a mechanic I would always try to find out if someone else worked on it first.
My beef is not against crime stoppers but I don't think it's fair,practical or right that someone can use the police against citizens without impunity and be harbored by a private entity,that is simply not sustainable.
The good faith argument isn't going to work if they have been warned and refuse to even listen to requests to internally investigate possible malicious use of their service.They actually hung up on me.How does that help public confidence.
Their latest response was to simply confirm what I said in my original post.
Notice he/she says records kept by crime stoppers are not public record.They don't mention that the police department has this document.
Public records does cover documents received from third parties.As long as they retain a copy or even write it down.
I know if it discoverable in a criminal trial it is usually available as a public record.I know I can get it in civil discovery but I would have to sue the officers that mangled the investigation.My city will not indemnify them,they violated policy,not the police dept or the city.So I can't sue the city or the police dept.I would be willing to sign off suing the officers if they helped me pursue this malicious tipper.
I will send crime stoppers the notice that I described in the above quote.
When I talked to crime stoppers and tried to verbally warn them she(I talked to the woman who started our chapter) said"have your lawyer call us". I said "I cannot afford an attorney so I have to handle this as Pro-Se".She laughed heartily at me and said "good luck with that honey".I asked her if she could at least check it out. She asked my name and tried to pull it up then said"you don't even show up.I told her the name that the tipper thinks is mine and then gave her my address.I waited about 30 seconds and the phone went dead.
you seem to know the person calling & the "charges"; so file a civil suit for defamation/libel ... then you can get the docs from crimestoppers .... you can do this via pro se action