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Questions & Answers

Are There FOIL Exemptions Of Police Communications That Affect Security During Trials?

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QUESTION

I am hoping you can advise on exemptions under FOIL. We are hoping to send requests to the NYPD (New York Police Department) seeking communications with third parties (private parties) related to security provided for the high profile trial proceedings in NYC. We are wondering whether and to what extent any of the below exemptions would apply (or any considerations about which we should be aware).

i. interfere with law enforcement investigations or judicial proceedings;
ii. deprive a person of a right to a fair trial or impartial adjudication;
iii. identify a confidential source or disclose confidential information relating to a criminal investigation; or
iv. reveal criminal investigative techniques or procedures, except routine techniques and procedures;
(f) if disclosed could endanger the life or safety of any person;

Answer

The NYPD has a notorious reputation for being one of the least responsive agencies to FOIL requests despite the fact that they have been sued numerous times. Getting any information regarding security provided for a trial involving a former president is not going to be easy. NYPD will most likely deny your request based on all of the exemptions you have cited.

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