Questions & Answers

Are Police Reports Subject To FOIL?

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QUESTION

A town councilman is under investigation for videotaping and posting on social media an obviously distressed naked woman on Main Street in Saugerties.

He’s a fireman, was in the official assistant chief’s car, with his friend who is not a fireman, and did nothing to help but left the scene after taping her twice.
Both clips are about ten seconds.  The parents are upset and filed a Police report.

Are these documents subject to FOIL?

Answer

Police reports are subject to FOIL as they are a record possessed by a government entity.

Below is an opinion that may be helpful.

https://docsopengovernment.dos.ny.gov/coog/ftext/f17079.html

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