Filed FOIA Request, Told Must Come to the Station

[AB123]

I filed a FOIA request to view the video tape of me being pulled over by a cop. I was told I'd have to come into the police station and set up an appointment with head of the records division of the police department and search the files in order to view it. The police station is a two hour drive from here, and I cannot reasonably make this trip. Do I have any other options?

I asked for a police misconduct complaint form, but it, too, says I might have to come to the police station to discuss my complaint, so I have not filled it out yet.

 

[CdwJava]

The particulars of records laws vary slightly by state. Note that the FOIA is a federal standard and not a state one. Your un-named state likely has a public records law that allows you the opportunity to view such records, but they may not necessarily have to provide you a copy of the tape.

If you are going to trial for the traffic stop, you should be able to obtain a copy of the tape through discovery prior to trial.

Of course, keep in mind that there may be no tape. Not every car has a recorder of some kind in it, and in some states (like mine) very, very few cars are so equipped.

- Carl