FOIA application DENIED

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FOIA application DENIED

Postby aunt betty » Tue Oct 08, 2013 9:47 am

My request for a copy of a police report was denied because doing so would "interfere with pending law enforcement proceeding".
Could someone who speaks legalese translate just what that means IN PLAIN ENGLISH?
WTN10?

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Last edited by aunt betty on Tue Oct 08, 2013 10:00 am, edited 1 time in total.
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Re: FOIA application DENIED

Postby OGblackcloud » Tue Oct 08, 2013 9:49 am

Ongoing investigation perhaps
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Re: FOIA application DENIED

Postby aunt betty » Tue Oct 08, 2013 10:04 am

OGblackcloud wrote:Ongoing investigation perhaps

Investigation and proceeding are two different words.
"Proceeding" means court in my mind.
The language implies strongly that the case is in court. That implies that some criminal's identity is being protected because they are innocent until proven guilty.

I "think" that is the meaning but would prefer that an attorney would explain it.
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Last edited by aunt betty on Tue Oct 08, 2013 10:08 am, edited 1 time in total.
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Re: FOIA application DENIED

Postby ScaupHunter » Tue Oct 08, 2013 10:07 am

He has a right to face his accusers. I believe you have the right to know who stole your gun as well. A lawyer will have to weigh in on that one. They cannot deny an FOIA request. They are supposed to provide the information and if necessary redact the pertinent info to keep the court case from being compromised.

It sounds a lot to me like someone is covering something up. I am starting to think a cop stole your gun, and his dad or uncle who is the police chief is covering for him.
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Re: FOIA application DENIED

Postby aunt betty » Tue Oct 08, 2013 10:13 am

ScaupHunter wrote:He has a right to face his accusers. I believe you have the right to know who stole your gun as well. A lawyer will have to weigh in on that one. They cannot deny an FOIA request. They are supposed to provide the information and if necessary redact the pertinent info to keep the court case from being compromised.

It sounds a lot to me like someone is covering something up. I am starting to think a cop stole your gun, and his dad or uncle who is the police chief is covering for him.

A BLACK man stole that gun. I found witnesses. I also found evidence yet the sherriff still refuses to discuss it.
I am shocked and strongly desire an explanation.

The State Attorney General's office has been notified. They have my "appeal of denial" on the docket now.
Time will tell.
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Re: FOIA application DENIED

Postby aunt betty » Tue Oct 08, 2013 11:12 am

5 ILCS 140/7(1)(d)(i) is the specific exemption being sited.

Request for review under...
5 ILCS 140/9.5(a)


Lotta reading that talks in circles.
I think it means, " leave us alone kid, you bother us".
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Re: FOIA application DENIED

Postby ScaupHunter » Tue Oct 08, 2013 12:12 pm

Keep your boot in their Azz AB. Make them prove up and get you the info. Something is wrong with all the machinations and efforts to avoid answering you.

I still think the chiefs kid stole your gun, or one of his cops stole it.
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Re: FOIA application DENIED

Postby KillerKowalski » Wed Oct 09, 2013 1:22 am

I don't know the background about your stolen gun, but I will comment on the FOIA. What are you trying to get? A police report? FOIAs are usually denied by submission error. Redact is normal. AB, send me a PM.
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Re: FOIA application DENIED

Postby ninethreeeleven » Wed Oct 09, 2013 5:50 pm

I imagine Kowalski can handle this better as he's from the relevant state, but if I received this request, and the DA or Sheriff told me that the case was still on-going, I'd advise them that they can deny it because it's exactly what they say there.

For those that doubt or do not like this answer, imagine this: Avon Barksdale, a notorious drug kingpin, FOILs the Baltimore Police for "information regarding any investigation into my whereabouts or behavior." Bam, he would, if it couldn't be denied, know exactly what they're doing to stop him. The FOIL rules specifically exempt information from being produced that would hamper a police investigation or judicial proceeding.

Similarly, if I was prosecuting a case and someone asked for information that was relevant to the case, I would say no-go. Hope that helps.
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Re: FOIA application DENIED

Postby aunt betty » Wed Oct 09, 2013 6:50 pm

Valid point. However, suppose an Insurance claim were involved.
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