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PR 15-32 Access/Rhode Island v. Cumberland Police Department No violation

Even though Access/Rhode Island did not have standing to file this complaint, we reviewed this complaint consistent with this Department's independent statutory authority as described in West Warwick School Department, PR 15-23. Access/Rhode Island sent a staff member from a third party (MuckRock) to the Cumberland Police Department to request in-person records deemed public pursuant to R.I. Gen. Laws 38-2-3.2, which provides that certain delineated information concerning an arrested adult "shall be made available within forty-eight (48) hours after receipt of a request unless a request is made on a weekend or holiday, in which event the information shall be made available within seventy-two (72) hours[.]" The foregoing time constraints apply only to "arrests made within five (5) days prior to the request." R.I. Gen. Laws 38-2-3.2(b). Here, the Cumberland Police Department timely provided the required information for "arrests made within five (5) days prior to the request" and timely provided the additional adult arrest logs concerning arrests made more than five (5) days after the request (days 6 and 7). While Access/Rhode Island requested that this Department instruct the Police Department "to correct the issues raised in this complaint," the Police Department's actions did not violate the APRA.

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