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  1. #1
    Join Date
    Nov 2005
    Location
    Harpers Ferry
    Posts
    3

    Default FOIA and Police Logs

    About two weeks ago, our local Police Chief approached me as I was exiting my vehicle, and stated how he had received approximately 2 weeks earlier an annonymous phone call from an unidentified woman, who told him I was operating without a valid drivers license. All he knew was that she had called from a 301 number (Maryland), but he didn't know the number.
    I showed him my VALID license, and he left.
    I requested the number the following day at the police station so I could identify the caller and charge her with making a false complaint. The following day I received a phone call from the chief telling me he didn't know the number. I am filing a complaint with our Police Commision concerning this as improper procedure. The call when received should have been logged and it wasn't. The lady who called is in violation of the law, and I was the one who was harrassed. I also firmly believe there was never a call made to the Chief, and that he just used it as an excuse to stop me. He has a history of confrontation and intimidation in our town, and has reason to dislike me since I am a vocal advocate for residents and business owners who have been treated unfairly.
    Does anyone know where I can locate online Police Policy for this type of call and response in WV?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Obtaining Police Policies

    The internal policies of a police department are usually for internal use only, and are often exempted from state FOIA laws.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: FOIA and Police Logs

    Quote Quoting wvdean
    I requested the number the following day at the police station so I could identify the caller and charge her with making a false complaint.
    It would not be a crime if the caller truly believed you were operating without a valid license. The fact that it was not true does not equate to a false complaint under the law.

    The call when received should have been logged and it wasn't.
    How do you do that? It's very possible that the line came in on an open line - one without caller ID or a tape. Out here we don't operate caller ID on trink lines, and unless they came in on 9-1-1 or a recorded line, the chances are we woul dnot KNOW the number.

    And even if the agency DID know, depending on state law they may be under no legal obligation to provide it to you.

    The lady who called is in violation of the law, and I was the one who was harrassed.
    You don't know that.

    A person who sees foot traffic going in and out of a house may assume that there is drug activity going on. If they call and report to the police that drug dealing is going on at the house, and the police contact the residents and find out that it was simply family members visiting a sick and elderly relative, then it is NOT a crime.

    Same sort of thing might be possible in this case. And since the inconvenience was minimal, it's not likely something that will "get legs" at any level.

    I also firmly believe there was never a call made to the Chief, and that he just used it as an excuse to stop me.
    Maybe. But maybe not. Basing a traffic stop (detention) on an anonymous call may not be sufficient cause to detain. But, since it sounds like he did not detain you at all as you said he approached you when you were exiting your vehicle, he would not have needed any cause to make a consensual contact and ASK for your license.

    Does anyone know where I can locate online Police Policy for this type of call and response in WV?
    You would have to make an inquiry to your particular department and ask about their policy. And even if this was a violation of policy, it does not mean he did anything criminal or even actionable in civil court.

    - Carl

  4. #4
    Join Date
    Nov 2005
    Location
    Harpers Ferry
    Posts
    3

    Default Thanks but no thanks

    I obviously wrote to the wrong chat forum.
    I live in a town of 300, with a corrupt police chief and dept.
    I have neighbors who at the drop of a pin involve themselves in others affairs, welcome or not.
    In the past 5 years, the police dept here has gone unchecked, and no complaints filed against any of them, because of fear of being targeted, by the chief.
    He has in fact confronted every person that has ever gone to the mayor about him.
    I simply asked for assistance in learning municipal police policy and standard operating procedure, not for tedious unsolicited scrutiny of my initial letter.
    My issue already has legs. They're in the form of the numerous residents who live in fear of continued harassment from an out of control police dept. Thank you again for your time.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default

    Standard operating procedure varies by agency. Nothing you describe indicates an obvious act of wrongdoing by anyone.

    If you think you have a case, then hire an attorney, call the Attorney General, or contact the FBI. But your particular encounter does not appear actionable - by itself - in any way.

    - Carl

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