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safe & sound
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I'm here in Missouri, looking at an ongoing court case that involves three felony charges of possession of a controlled substance. I would like to know what those substances were.

Police department said they would not/could not provide a copy of the police report.

Prosecuting attorney's office said that I could request a copy, but since I'm not involved with the case they may decide not to give it to me.

Any of this sound right? I was under the impression that the police sometimes release this information on their own, or to newspapers/reporters doing their job.


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Posts: 15989 | Location: St. Charles, MO, USA | Registered: September 22, 2003Reply With QuoteReport This Post
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What you're after may be here.

https://www.courts.mo.gov/cnet...earch.do?newSearch=Y

Some of the actual reports and documents require a logon.
 
Posts: 173 | Location: Kearney, MO | Registered: October 18, 2016Reply With QuoteReport This Post
safe & sound
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^^^ That's what they referred me to as far as the "public record" was concerned.

It shows the charges, but gives no details surrounding the charges themselves.


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Posts: 15989 | Location: St. Charles, MO, USA | Registered: September 22, 2003Reply With QuoteReport This Post
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Two suggestions. If all you are looking for is the name of the drugs, the charging documents should list them and those are public record which can be ordered from the court.

If you actually want the police report, most jurisdictions should release it via FOIA once charged are filed. Some PDs refuse to release prior to charges being filed, citing a FOIA exemption. But once formal charges are filed that exemption typically goes away, and they should give you the report. As with so many things though, it depends how far you are willing to push it. Court action may be required to vindicate your FOIA rights if the PD is unwilling.
 
Posts: 1172 | Registered: July 06, 2016Reply With QuoteReport This Post
safe & sound
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quote:
If you actually want the police report, most jurisdictions should release it via FOIA once charged are filed. Some PDs refuse to release prior to charges being filed, citing a FOIA exemption. But once formal charges are filed that exemption typically goes away, and they should give you the report.


Police say they can't release it while the case is ongoing.


quote:
If all you are looking for is the name of the drugs, the charging documents should list them and those are public record which can be ordered from the court.


And the prosecuting attorney's office is saying they may not give me that as I am not a party to the case.

What I believe is going on is that they are attempting to protect somebody from public embarrassment.


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Posts: 15989 | Location: St. Charles, MO, USA | Registered: September 22, 2003Reply With QuoteReport This Post
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Sounds like one roadblock after another. Using the link topher provided should allow you to search the person’s name, then click on the “charges, judgments, and sentence” tab. That might give you the info you seek.

The prosecutor is telling you they won’t give you the charging docs, but you should be able to go around them and order from the court for a fee.

Also if you have the wherewithal - FOIA the police report from the PD (not the prosecutor) and take them to court if they don’t comply. Information about MO FOIA here:

https://www.muckrock.com/place...of-america/missouri/
 
Posts: 1172 | Registered: July 06, 2016Reply With QuoteReport This Post
Fighting the good fight
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If the case involves juveniles, or an ongoing investigation, it may be exempt from FOIA.
 
Posts: 33641 | Location: Northwest Arkansas | Registered: January 06, 2008Reply With QuoteReport This Post
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quote:
Originally posted by a1abdj:
quote:
If you actually want the police report, most jurisdictions should release it via FOIA once charged are filed. Some PDs refuse to release prior to charges being filed, citing a FOIA exemption. But once formal charges are filed that exemption typically goes away, and they should give you the report.


Police say they can't release it while the case is ongoing.


quote:
If all you are looking for is the name of the drugs, the charging documents should list them and those are public record which can be ordered from the court.


And the prosecuting attorney's office is saying they may not give me that as I am not a party to the case.

What I believe is going on is that they are attempting to protect somebody from public embarrassment.


This is how it worked in NC. No one got a copy of reports narratives. They only got the front page which shows the charge and the offenders name, the rest was redacted. Even after the case was adjudicated my dept didn’t give out unredacted reports-it was specifically to prevent retaliation. Which happened some time in the late 80s. Family of a suspect got a copy of the report and the a person who knew about the crime disappeared-at least that was what the captain told me.

You should be able to get a copy of who is being charged with. Or go to the courthouse and ask for a copy of the warrant.



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Posts: 11627 | Location: Temple, Texas! | Registered: October 07, 2006Reply With QuoteReport This Post
safe & sound
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quote:
If the case involves juveniles, or an ongoing investigation, it may be exempt from FOIA.



No juveniles (I would have assumed having controlled substances with juveniles with you would have resulted in additional charges), and the investigation should be complete as it's already in the court system with the next hearing scheduled in April.

I'll tell you why I want to know, it's no secret.

I'm running for a school board position and the party with the charges is the husband of the incumbent I'm running against. Controlled substance charges can result from anything from prescription meds outside of their bottles, to hard core drugs.

If it's the first, I could care less. If it's the second, I think that voters should be aware. Especially if she was with him at the time he was found to be in possession of them.


quote:
This is how it worked in NC. No one got a copy of reports narratives. They only got the front page which shows the charge and the offenders name, the rest was redacted.


And this is where I guess I get a little confused. The police tell news reporters specifics regularly. Imagine a mall shooting where the police show up, get on TV, and said "Some people died here, and somebody is being charged with murder" and left it at that. The public records online already show his name, birthday, address, attorney's name (who I actually happen to know), and the three independent charges of possession of a controlled substance.

I only want to know what those substances were, and perhaps if his wife was present at the time.


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Posts: 15989 | Location: St. Charles, MO, USA | Registered: September 22, 2003Reply With QuoteReport This Post
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