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Public Records + Sunshine > PR: LEO, Public? Exempt? Confidential? > Flashcards

PR: LEO, Public? Exempt? Confidential? Flashcards

1
Q

911 calls.

A

Public records after deleting any active criminal investigation.

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2
Q

Assignment of weapons to LEO.

A

Exempt.

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3
Q

Contact info of people on ‘offender alert system.’

A

Exempt.

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4
Q

Arrest & crime reports.

A

Public.

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5
Q

Name 3 aspects of security surveillance systems that are protected?

A

LEO, PUBLIC? EXEMPT? CONFIDENTIAL?

(a) Plan, incl all information revealing security systems.
(b) Names of persons applying for a permit to install.
(c) Bus (public or school) surveillance.

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6
Q

What protection is afforded security surveillance?

A

Confidential & exempt.

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7
Q

Confessions.

A

Exempt.
Until case is finally determined, redact & release non-exempt parts.

~it’s the opposite of what you think. ‘C’onfessions are NOT ‘C’onfidential.

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8
Q

Child & adult traffickers.

A 
LEO, PUBLIC?  EXEMPT?  CONFIDENTIAL?
-----------
Exempt.
-----------
(Watch - I wd have thought public.)
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9
Q

Crime reports.

A

Public = those parts that do not reveal active criminal.
(a) Crime info - time, date, location, nature.
(b) Arrested info - name, sex, age & address, crime charged, indictments (unless person is not in custody)

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10
Q

When are details about person charged/indicted NOT public?

A

If they are not in custody.

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11
Q

Emergency Management’s list of special needs folks (ex. hurricane).

A

Confidential + exempt. Reveal only to LEO.

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12
Q

Investigative records generally.
(ex. atty memo of irregularities, public health violations, school board investigation into roof collapse, board acting quasi-judicial)

A

All public.

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13
Q

Documents required to give a criminal defendant.

A

Once released to Def = public UNLESS:
1) Court order or
2) Wd reveal witnesses;
3) Wd reveal sex/abuse/traffic victim or witness to a homicide, or address of victim of mass violence.
4) Some other exemption (ex. confession, undercover officer).

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14
Q

What status do exempt records have if you voluntarily reveal some of them?

A

Remain exempt. No waiver of exemption by partial release.

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15
Q

LEO + family personal info.

A

Exempt.
Address, tele, dob, photo, work, school, daycare.

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16
Q

Confidential Informants.

A

Exempt.

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17
Q

DMV emergency contact on motor vehicle record.

A

Confidential. Release to LEO.

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18
Q

What citizens have concealed weapon permit.

A

Confidential.

19
Q

Emergency call w/ patient info.

A

Confidential UNLESS:
1) EMT can release to LEO that does not have regulatory or supervision over EMT.
2) City Atty & City Mgr can have if carrying out their official duties to advise & defend or assess liab of city regarding such care.

20
Q

Fingerprints.

A

Exempt.

21
Q

Complaint filed vs. public employee?

A

Exempt until investigation ceases/concluded.

22
Q

Baker Act report by LEO.

A

Confidential b/c report is part of clinical health report.

23
Q

Body camera recordings.

A

Confidential IF taken where reasonable person expects privacy [ex. residence, social services facility (mental/health)]

24
Q

To who MUST body camera recordings be released?

A

Person recorded.

25
Q

How long retain body camera recordings?

A

90 days.

26
Q

Status of juvenile offender records?

A

Confidential as to juvenile + PARENTS.

27
Q

Courts have upheld refusal to release juvenile records to what community service facility?

A

Domestic violence shelter.

28
Q

What circumstances change juvenile offender records to public?

A

If charged as an adult.

29
Q

Confidential informants.

A

Exempt.

30
Q

When are LEO records exempt?

A

Related to ACTIVE & CRIMINAL investigation.

31
Q

Whose burden is it to demonstrate LEO records are public or exempt?

A

LEO has burden to prove entitled to an exemption.

32
Q

Can LEO release exempt info?

A

Yes, if thinks it would be helpful.

33
Q

What records are exempt under the ‘active + criminal investigation’ exemption?

A

Regard an identifiable person &
Used to anticipate, prevent or monitor criminal activity.

34
Q

What 3 things make an investigation ‘active’?

A

LEO, PUBLIC? EXEMPT? CONFIDENTIAL?

(a) Reasonable Good Faith belief it will lead to
(b) Detection of ongoing or anticipated crimes OR
(c) Is directly related to prosecution.

35
Q

Are Dept of Corrections records included in ‘active + criminal investigation’ exemption?

A

Yes.

36
Q

What kinds of photos & audio are always confidential?

A

Killing of LEO, killing via mass violence

37
Q

LEO, PUBLIC? EXEMPT? CONFIDENTIAL?

———–

A

LEO, PUBLIC? EXEMPT? CONFIDENTIAL?

———–

38
Q

911, AGO 11-27

———–

A

Information obtained from a 911 call by an agency for the purpose of providing service in an emergency which reveals the name, address, telephone number, or personal information about, or information which may identify any person requesting emergency services or reporting an emergency is confidential while in the custody of the agency. However, identifying information obtained or created independently of the 911 call, for example from a criminal investigation or offense report created as a result of such investigation, is not exempt under section 365.171(12), Florida Statutes.

39
Q

911, AGO 11-27

———–

A

While you recognize that the exemption clearly applies to the recording of 911 calls and computer aided dispatch records relating to such calls, you question whether an offense report which subsequently includes such information identifying an individual, but not indicating that he or she placed the 911 call or requested emergency assistance would be subject to the exemption. You also question whether the identifying information should be redacted from the offense report when the caller is also the victim, a suspect, or a witness to the incident, and no other exemptions would justify the redaction of such information.

40
Q

Section 365.171(12), Florida Statutes, provides:

A

“CONFIDENTIALITY OF RECORDS.—Any record, recording, or information, or portions thereof, obtained by a public agency or a public safety agency for the purpose of providing services in an emergency and which reveals the name, address, telephone number, or personal information about, or information which may identify any person requesting emergency service or reporting an emergency by accessing an emergency communications E911 system is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that such record or information may be disclosed to a public safety agency. The exemption applies only to the name, address, telephone number or personal information about, or information which may identify any person requesting emergency services or reporting an emergency while such information is IN THE CUSTODY of the public agency or public safety agency providing emergency services. . . .” (e.s.)

41
Q

911, AGO 11-27

———–

A

Thus, application of the exemption hinges upon two conditions: the information was obtained by a public agency or a public safety agency for the purpose of providing services in an emergency; and the information reveals the identity of the person requesting emergency services or reporting the emergency.

42
Q

911, AGO 11-27

———–

A

confidential and exempt when it reveals the name, address, telephone number, or personal information about, or information which may identify the person requesting emergency service or reporting an emergency because if it were otherwise, personal, sensitive information,

43
Q

911, AGO 11-27

———–

A

Only information obtained by an agency identifying an individual as the caller in a 911 call or one requesting emergency services is confidential. Information placed in an offense report which does not identify an individual as the caller or one requesting emergency services, however, does not meet the requirements set forth for the exemption from disclosure under section 365.171(12), Florida Statutes.

44
Q

PO’s atty sent Facebook posting to cops of possible domestic violence. Posting had date/time/photos.
Someone made pub recs request. LG refused citing active investig. What part did LG have to give?

A

Statute expressly excludes ‘[t]he time, date, location, and nature of a reported crime’

Public Records + Sunshine (8 decks)

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