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PR 16-23 Marcos v. Cumberland Police Department Violation

After an in camera review of two separate "incident reports," this Department concluded that the Police Department did not violate the APRA when it withheld incident report #15-3388-OF of December 11, 2015 per R.I. Gen. Laws 38-2-2(4)(D)(a). This Department did conclude, however, that the Police Department violated the APRA when it withheld incident report #13-789-OF. The Police Department already disclosed the related arrest report in redacted form, and thus the "strong presumption" that disclosure of an incident report would invade the subject's privacy is not applicable. See In re: Cumberland Police Department, ADV PR 03-02. This Department directed the Police Department to disclose incident report #13-789-OF in redacted form in accordance with State law and the APRA.

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