Freedom of Information Act

[RonnieDavis]

What is the name of your state? Oregon

This is a question for a friend who is fighting a charge of open alcohol container in her car. She is underage (17) and everyone in the car was underage.

The problem she has is she found that the stop could have been illegal. The officer said he ran her plates and found she had no insurance. For one, she has insurance up to date, second, the tags on her plate are up to date, and third, she did nothing wrong to get pulled over in the first place.

An attorney told us that under the Freedom of Information Act she can send in a letter stating that she needs the video from the cop's car to find what exactly, if anything, the cop pulled her over for to make the stop legal.

Although we both understand the basics of the Freedom of Information Act, we were hoping someone with a larger base of knowledge could inform us on what exactly we can do, whether we can actually get a tape from the cop's perspective, or can we only send in for written reports? She also needs to know what department of the government to send her letter to in order to get the proof.

Thanks to any who reply your a great help.

 

[HomeGuru]

What is the name of your state? Oregon

This is a question for a friend who is fighting a charge of open alcohol container in her car. She is underage (17) and everyone in the car was underage.

The problem she has is she found that the stop could have been illegal. The officer said he ran her plates and found she had no insurance. For one, she has insurance up to date, second, the tags on her plate are up to date, and third, she did nothing wrong to get pulled over in the first place.

An attorney told us that under the Freedom of Information Act she can send in a letter stating that she needs the video from the cop's car to find what exactly, if anything, the cop pulled her over for to make the stop legal.

Although we both understand the basics of the Freedom of Information Act, we were hoping someone with a larger base of knowledge could inform us on what exactly we can do, whether we can actually get a tape from the cop's perspective, or can we only send in for written reports? She also needs to know what department of the government to send her letter to in order to get the proof.

Thanks to any who reply your a great help.

**A: a cop can pull a car over for various reasons and not only those that you listed. Did that attorney also tell you that? And why are you involved in this matter? Your friend's parents need to be involved as she is a minor. Tell her to have her parents hire an attorney and not the one that is giving you bs.

 

[seniorjudge]

An attorney told us that under the Freedom of Information Act she can send in a letter stating that she needs the video from the cop's car to find what exactly, if anything, the cop pulled her over for to make the stop legal.

This attorney is an idiot.

FOI does not cover police reports.

 

[CdwJava]

The problem she has is she found that the stop could have been illegal. The officer said he ran her plates and found she had no insurance. For one, she has insurance up to date, second, the tags on her plate are up to date, and third, she did nothing wrong to get pulled over in the first place.

If the DMV had an erroneous entry the stop was still made on good faith by the officer. if the officer ran the plate and Oregon has a system where insurance status is tied to the DMV information, then the stop was valid if he had a good faith reason to believe the insurance was expired or not valid.

An attorney told us that under the Freedom of Information Act she can send in a letter stating that she needs the video from the cop's car to find what exactly, if anything, the cop pulled her over for to make the stop legal.

FOIA isn't needed. That information (IF a tape exists) can be requested via Discovery ... and a letter is NOT the same as Discovery.

The driver of the car is the one who has standing to challenge the validity of the stop, not any passengers (FYI), and any police reports, tapes, and other evidence can be obtained through the process of Discovery. The attorney should know how this is done in your area.

- Carl

 

[seniorjudge]

The attorney should know how this is done in your area.

- Carl

Should is the operative word here...so far, the attorney has been an idiot.

 

[CdwJava]

Should is the operative word here...so far, the attorney has been an idiot.

In defense of the attorney, we ARE getting the information filtered through a second or third party who may have misinterpreted or misunderstood exactly what was said. It happens a lot.

EDIT:

Okay .. I had to wash my mouth out - and clean my keyboard ... I actually said something in DEFENSE of an attorney! <GAAACK!>

- Carl

 

[seniorjudge]

In defense of the attorney, we ARE getting the information filtered through a second or third party who may have misinterpreted or misunderstood exactly what was said. It happens a lot.

EDIT:

Okay .. I had to wash my mouth out - and clean my keyboard ... I actually said something in DEFENSE of an attorney! <GAAACK!>

- Carl

Carl, I am shocked.

Shocked, I say!

You're telling me that posters on this forum are sometimes misinformed or have misinterpreted facts?

And THEN you actually start a sentence out with, "In defense of the attorney..."?


I am going into a dark room and put a cool cloth on my head. Don't bother me the rest of the day.

 

[CdwJava]

Carl, I am shocked.

Shocked, I say!

You're telling me that posters on this forum are sometimes misinformed or have misinterpreted facts?

And THEN you actually start a sentence out with, "In defense of the attorney..."?

Just imagine MY surprise!

- Carl