This guide references the state of Georgias open records act. Referenced below.
Welcome to your new arsenal of knowledge and empowerment. In this guide, we dive deep into the strategies and tactics that will ensure they comply with your open records requests
LAWSUITS The elephant in the room
I do not file lawsuits on open records as that is risky. If I ever sue it will be on the grounds of the 1st amendment, under the freedom of the press. As to me it is more of a civil rights issue. But even then, I would need verified proof that they actually have the records but will not release. They often claim bogus exemptions. The most commonly used exemption is § 50-18-72 (4). When public disclosure not required
Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports and initial incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving such investigation and prosecution has become final or otherwise terminated; and provided, further, that this paragraph shall not apply to records in the possession of an agency that is the subject of the pending investigation or prosecution; and provided, further, that the release of booking photographs shall only be permissible in accordance with Code Section 35-1-18;
This exemption does not apply to civil litigation or administrative investigations such as when a police officer is being investigated for a policy violation. They will never be investigated for civil rights infarctions, you’ve to sue them to have a remedy.
Let’s first establish what we need, we will cover a wide variety of records in this course. We will start with body cam as that is the most common requested record.
We will use AXON body cam as an example as these are the most commonly used body camera system for law enforcement. Not all agencies use AXON but most do.
Other common types of body cam Great resource about body cam brands
Disclaimer: This webpage is not an official government page or an emergency line. It is dedicated to displaying information about police misconduct and naming the agencies involved. The content provided here is for informational purposes only and does not constitute official records or legal advice. In case of an emergency, please contact your local authorities or dial 911. For official information, please refer to the appropriate government or law enforcement websites.
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