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  1. #1
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    Dec 2013
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    Default How to Get Unredacted Accident Reports

    Subpoena'ed police department to produce records of traffic accidents at a particular location, trying to establish the privately owned intersection is dangerous. Didn't FOIA them, because they redact the personal information of those involved such as the names. Subpoena specifies non-redacted reports. They aren't happy about that.

    Should I expect them to attempt quashing the subpoena?

    Any thoughts on if they do so, how the issue might come out? The intersection is on private property, so there isn't going to be an accident investigation report or many facts at all (at least with this police department.) The information I need is in the heads of the people in the accidents.

    Also seeking evidence that prior people in accidents told the land owner of the danger, so I can prove the land owner was on notice - and not merely should have known there was a danger.

  2. #2
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    Sep 2010
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    19,901

    Default Re: How to Get Unredacted Accident Reports

    How should we know? You didn't bother to answer the question about what state you're concerned with and even then we wouldn't know for sure. You should expect anything to happen. It's possible the department will roll over in the light of a subpoena, it's also possible that they may validate the subpoena with the parties whose personal information you are trying to extract and allow them the opportunity to quash the release.

    I'm not sure what makes you think that a person who was in an accident has any authority to determine an intersection was dangerous. They are not expert witnesses.

    You need a lawyer. There's way too little information presented here to help you.

  3. #3
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    Jul 2010
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    Default Re: How to Get Unredacted Accident Reports


  4. #4
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    Default Re: How to Get Unredacted Accident Reports

    This is why you should not keep creating multiple threads on a situation. Might have been able to help you given the background information. Now am disinclined to.

  5. #5
    Join Date
    Dec 2013
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    14

    Default Re: How to Get Unredacted Accident Reports

    I apologize that the line saying Michigan wasn't in the post. I have no idea how that happened. It wasn't intentional. I know that is necessary. Regarding multiple threads, the other threads have to do with completely separate issues. I've never before made a post about production of documents or quashing.

    Not saying the other people have authority to determine an intersection was dangerous. Attempting to show a pattern of similar accidents under similar circumstances. And, attempting to discovery if one of the other people spoke with the property owner informing them of the cause of their accident.

  6. #6
    Join Date
    Sep 2005
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    California
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    20,594

    Default Re: How to Get Unredacted Accident Reports

    Quote Quoting janiejwalker
    View Post
    Subpoena'ed police department to produce records of traffic accidents at a particular location, trying to establish the privately owned intersection is dangerous. Didn't FOIA them, because they redact the personal information of those involved such as the names. Subpoena specifies non-redacted reports. They aren't happy about that.
    The police department may challenge the subpoena. The question a court will ask is WHY? WHY is it important to have the names of those involved in a collision? If you are seeking to determine whether it is dangerous or not, then summaries of the collisions and the causes should be sufficient.

    Should I expect them to attempt quashing the subpoena?
    Maybe.

    Any thoughts on if they do so, how the issue might come out? The intersection is on private property, so there isn't going to be an accident investigation report or many facts at all (at least with this police department.) The information I need is in the heads of the people in the accidents.
    I suspect that there can be all sorts of types of reports, but I doubt that the information you need is really in the "heads" of the people involved.

    You might want to check with an attorney that specializes in your state's public records' laws to help you. It might be that police reports are public information in their unredacted form ... or, they might be considered investigative files not subject to release. But, the thoughts of the people involved will NOT prove your case if you ae trying to show that a private property intersection is dangerous somehow.

    And what sort of private property are we talking about? A shopping mall? A private condo complex? What?

    Also seeking evidence that prior people in accidents told the land owner of the danger, so I can prove the land owner was on notice - and not merely should have known there was a danger.
    Being on notice is not the same as having a responsibility to do something about it.

    Perhaps you can subpoena the landowner's records including memos, emails, letters and other communications concerning the intersection?

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