Update as of 10/23/2020: As mentioned below, we filed OPRA requests on September 26, 2020 for videos that had not been released. On October 6, 2020, the State said it did not have body cam or dash cam footage of the shooting of Luan Agolli. On October 7, 2020, the State identified the man who died in Totowa on June 27th as Sergio Rodgiguez. As of today, it has not released any videos and said such videos might be produced by October 28, 2020 (which will be 123 days from the incident).
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In New Jersey, the Attorney General’s Office is required to ...
Transparency plays a critical role in building trust between the police and the community. When members of the public trust the police, they are more likely to follow their commands, cooperate with criminal investigations, and even advocate for more funding for police. When police resist transparency, community trust is seriously undermined. Secrecy also makes it harder to hold police departments accountable and assure that they are complying with the law and meeting the high standards that we set for them. This is why we have been involved in dozens of cases involving police ...
This week, the New Jersey Supreme Court issued a split decision (4-3) in Paff v. Ocean County Prosecutor’s Office and once again ruled that dash camera videos that pertain to criminal investigations are not subject to the Open Public Records Act (OPRA).
While the decision is a serious disappointment to transparency advocates, it does not actually change the status quo. Last year, in North Jersey Media Group Inc. v. Township of Lyndhurst, a unanimous Supreme Court ruled that the dash cam video of a police-involved deadly shooting was not subject to OPRA because there was no Attorney ...
Last week, Attorney General Gurbir S. Grewal issued Attorney General Law Enforcement Directive No. 2018-1, which provides instructions to law enforcement agencies in this State regarding public access to dash camera and body camera footage of police-involved shootings. We find that there are both pros and cons to this new directive.
Pros:
On one hand, we are very happy to see that the new Attorney General clearly understands that transparency advances public trust in law enforcement. The overall spirit of this directive is positive and it recognizes that law enforcement do not need ...
Police officers have the ability to arrest and detain suspects, to seize property, and to lawfully use force against people when justified by law. Because police officers are given these tremendous powers, we should hold them to very high standards— we expect that they will be honest, trustworthy, and follow the law and the Constitution.
In a three-part series, we will discuss how you can use OPRA to monitor police conduct. This blog highlights records you can request to monitor the use of force by police officers.
Use of Force Reports:
Pursuant to the Attorney General’s Use of Force ...
