BWC Footage For Interaction Between ACPD and ICE after responding to 911 call in 2020

Atlantic City did not have the information requested.

Cristian Moreno-Rodriguez

Dear Atlantic City,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message. Request made pursuant to the January 9, 2020 case of Richard Rivera v. Bloofield et al, No. A-3338-17T1. "Because BWC footage is required by law to be made, maintained, and kept, it does not qualify as a "criminal investigatory record" exempt from disclosure under OPRA. Lyndhurst, 229 N.J. at 551, 565. Therefore, the ECPO failed to satisfy the first prong of the criminal investigatory record exception for the BWC footage to be exempt from disclosure under OPRA."

Records requested:

According to Chief of Police Henry White of the Atlantic City Police Department, there was a specific incident that occurred between Officers of the Atlantic City Police Department and Agents of Immigration and Customs Enforcement (ICE) that was not related to any participation with federal authorities in a joint law enforcement taskforce.

This request is for all ACPD Officer Body Worn Camera Footage related to the one specific interaction that occurred some time between 01/01/2020 - 02/24/2020, whereby ACPD Officers exchanged words and dialogue with Immigration and Customs Enforcement (ICE) agents after responding to a 9-1-1 call where caller reported an individual chasing another individual with a gun.

Date Incident Occurred: Sometime Between 01/01/2020 - 02/14/2020
Place: City of Atlantic City

Yours faithfully,

Cristian Moreno-Rodriguez
Member of Atlantic City Citizen Advisory Board

Eddie Lax, Atlantic City

2 Attachments

OPRA Request – City of Atlantic City

 

Good morning Mr. Moreno-Rodriguez:

 

In regard to the attached OPRA request, please be advised the Atlantic
City Police Department is asking that you modify your request and provide
the exact date of the incident and the name(s) of the officer(s) who
responded.

 

Thank you.

 

 

Eddie Lax

Keyboarding Clerk III

City Clerk’s Office

City of Atlantic City

City Hall – Room #704

1301 Bacharach Boulevard

Atlantic City, NJ 08401

Phone: 609.347.5510

Fax: 609.347.6408

 

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Cristian Moreno-Rodriguez

Dear Eddie Lax,

Per our phone call last week, we will not modify our request.

The Chief of Police, Henry White, describe this incident during the February 12th Citizen Advisory Board Meeting and only provided limited information which we have included in our initial request. Therefore he would be the person to contact for further information regarding the incident date and officers involved.

Yours sincerely,

Cristian Moreno-Rodriguez

Eddie Lax, Atlantic City

2 Attachments

OPRA Request – City of Atlantic City

 

Good afternoon:

 

In follow-up of the attached OPRA request, please be advised of the
following:

ACPD does not have a record that would satisfy your request as it was
provided to the custodian.

Please be advised, that a custodian is required to search for identifiable
government records.

This requirement does not include research.

(See N.J.S.A. 47:1A-1 et seq.)

 

This will close out your request.

 

Thank you.

 

 

Eddie Lax

Keyboarding Clerk III

City Clerk’s Office

City of Atlantic City

City Hall – Room #704

1301 Bacharach Boulevard

Atlantic City, NJ 08401

Phone: 609.347.5510

Fax: 609.347.6408

 

[1]cid:image003.jpg@01D5D4EF.1E08E7B0

 

 

 

 

References

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