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	<title>Comments on: Breaking on Through</title>
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		<title>By: Robbie</title>
		<link>http://www.undergroundtownhall.com/archives/breaking-on-through/comment-page-1#comment-835</link>
		<dc:creator>Robbie</dc:creator>
		<pubDate>Fri, 01 May 2009 12:26:26 +0000</pubDate>
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		<description>This may shed some light on this issue - 

Sec. 1-210. (Formerly Sec. 1-19). Access to public records. Exempt records. 
(a) Except as otherwise provided by any federal law or state statute...  

this means that FOI is trumped if another law prohibits such disclosure.  In your example, a police report of a case resulting in an arrest, the police report is the prosecutor&#039;s report, and as such becomes the work product of the State Attorney&#039;s Office (Division of Criminal Justice) and NOT subject to FOI while the criminal action is pending (and maybe longer, depending on the outcome).

See also - Sec. 1-201. (Formerly Sec. 1-19c). Division of Criminal Justice deemed not to be public agency, when. For the purposes of subdivision (1) of section 1-200, the Division of Criminal Justice shall not be deemed to be a public agency except in respect to its administrative functions.

You also need to know this:

Sec. 1-215. (Formerly Sec. 1-20b). Record of an arrest as public record. Exception. (a) Notwithstanding any provision of the general statutes to the contrary, and except as otherwise provided in this section, any record of the arrest of any person, other than a juvenile, except a record erased pursuant to chapter 961a, shall be a public record from the time of such arrest and shall be disclosed in accordance with the provisions of section 1-212 and subsection (a) of section 1-210, except that disclosure of data or information other than that set forth in subdivision (1) of subsection (b) of this section shall be subject to the provisions of subdivision (3) of subsection (b) of section 1-210. Any personal possessions or effects found on a person at the time of such person&#039;s arrest shall not be disclosed unless such possessions or effects are relevant to the crime for which such person was arrested.

      (b) For the purposes of this section, &quot;record of the arrest&quot; means (1) the name and address of the person arrested, the date, time and place of the arrest and the offense for which the person was arrested, and (2) at least one of the following, designated by the law enforcement agency: The arrest report, incident report, news release or other similar report of the arrest of a person.

This section came about as a prohibition against &quot;secret arrests.&quot;  But you will note above &quot;designated by the law enforcement agency&quot; - this means that is is THEIR choice what to release - locally, it is a news release and contains the required information in (b) above.

So, the bottom line is, that there are multiple controlling statutes - it&#039;s not just a simple reading of only the FOI sections, and that local practice conforms to the law.</description>
		<content:encoded><![CDATA[<p>This may shed some light on this issue &#8211; </p>
<p>Sec. 1-210. (Formerly Sec. 1-19). Access to public records. Exempt records.<br />
(a) Except as otherwise provided by any federal law or state statute&#8230;  </p>
<p>this means that FOI is trumped if another law prohibits such disclosure.  In your example, a police report of a case resulting in an arrest, the police report is the prosecutor&#8217;s report, and as such becomes the work product of the State Attorney&#8217;s Office (Division of Criminal Justice) and NOT subject to FOI while the criminal action is pending (and maybe longer, depending on the outcome).</p>
<p>See also &#8211; Sec. 1-201. (Formerly Sec. 1-19c). Division of Criminal Justice deemed not to be public agency, when. For the purposes of subdivision (1) of section 1-200, the Division of Criminal Justice shall not be deemed to be a public agency except in respect to its administrative functions.</p>
<p>You also need to know this:</p>
<p>Sec. 1-215. (Formerly Sec. 1-20b). Record of an arrest as public record. Exception. (a) Notwithstanding any provision of the general statutes to the contrary, and except as otherwise provided in this section, any record of the arrest of any person, other than a juvenile, except a record erased pursuant to chapter 961a, shall be a public record from the time of such arrest and shall be disclosed in accordance with the provisions of section 1-212 and subsection (a) of section 1-210, except that disclosure of data or information other than that set forth in subdivision (1) of subsection (b) of this section shall be subject to the provisions of subdivision (3) of subsection (b) of section 1-210. Any personal possessions or effects found on a person at the time of such person&#8217;s arrest shall not be disclosed unless such possessions or effects are relevant to the crime for which such person was arrested.</p>
<p>      (b) For the purposes of this section, &#8220;record of the arrest&#8221; means (1) the name and address of the person arrested, the date, time and place of the arrest and the offense for which the person was arrested, and (2) at least one of the following, designated by the law enforcement agency: The arrest report, incident report, news release or other similar report of the arrest of a person.</p>
<p>This section came about as a prohibition against &#8220;secret arrests.&#8221;  But you will note above &#8220;designated by the law enforcement agency&#8221; &#8211; this means that is is THEIR choice what to release &#8211; locally, it is a news release and contains the required information in (b) above.</p>
<p>So, the bottom line is, that there are multiple controlling statutes &#8211; it&#8217;s not just a simple reading of only the FOI sections, and that local practice conforms to the law.</p>
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