Court Rules Against Potter Co. Newspaper
Incident reports filed by Pennsylvania state troopers do not have to be released to the public, according to today’s ruling by the Commonwealth Court.
The 6-1 majority ruling said the forms are covered by an exception to the Right-to-Know Law that allows agencies to withhold criminal investigative records.
The case involves a February 2009 request by the Potter Leader-Enterprise for a complete incident report about a fight in Potter County. The court found that the incident report did not amount to a police blotter, which are public record, and therefore did not have to be released.
Judge Renee Cohn Jubelirer wrote, "The incident report is not a chronological listing of arrests. Rather, it is a description of an investigation by the PSP into a complaint of criminal activity."
Office of Open Records Director Terry Mutchler says she is reviewing the decision to decide whether to appeal.
Read more: http://www.courts.state.pa.us/OpPosting/Cwealth/out/741CD09_9-16-10.pdf
The 6-1 majority ruling said the forms are covered by an exception to the Right-to-Know Law that allows agencies to withhold criminal investigative records.
The case involves a February 2009 request by the Potter Leader-Enterprise for a complete incident report about a fight in Potter County. The court found that the incident report did not amount to a police blotter, which are public record, and therefore did not have to be released.
Judge Renee Cohn Jubelirer wrote, "The incident report is not a chronological listing of arrests. Rather, it is a description of an investigation by the PSP into a complaint of criminal activity."
Office of Open Records Director Terry Mutchler says she is reviewing the decision to decide whether to appeal.
Read more: http://www.courts.state.pa.us/OpPosting/Cwealth/out/741CD09_9-16-10.pdf
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