Final Determination Record

Marshall v. South Whitehall Township Police Department

OOR Dkt. No.: AP 2017-1702
Case Status: Transferred

Lehigh

Request for documents concerning police checkpoints and the agency’s Internet browsing history. Agency did not prove that it redacted only the identities of undercover or covert police officers. Agency proved that some Internet browsing history does not document a transaction or activity of the Agency, and that other Internet browsing history may relate to criminal investigations. Granted in part, denied in part, dismissed as moot in part, and transferred in part.

  • Section 708(b)(2) - jeopardizes or threatens public safety or preparedness or public protection activity
  • Section 708(b)(16) - Criminal investigation records
  • Section 708(b)(16)(ii) Investigative materials, notes, correspondence, videos and reports.
  • Section 708(b)(16)(iii) A record that includes the identity of a confidential source or the identity of a suspect who has not been charged with an offense to whom confidentiality has been promised.
  • Section 708(b)(16)(iv) A record that includes information made confidential by law or court order.
  • Section 708(b)(16)(v) Victim information, including any information that would jeopardize the safety of the victim.
  • (Section 708(b)(16)(vi) A record that, if disclosed, would do any of the following: (A) Reveal the institution, progress or result of a criminal investigation, except the filing of criminal charges. (B) Deprive a person of the right to a fair trial or an impartial adjudication. (C) Impair the ability to locate a defendant or codefendant. (D) Hinder an agencys ability to secure an arrest, prosecution or conviction. (E) Endanger the life or physical safety of an individual. This paragraph shall not apply to information contained in a police blotter as defined in 18 Pa.C.S.  9102 (relating to definitions) and utilized or maintained by the Pennsylvania State Police, local, campus, transit or port authority police department or other law enforcement agency or in a traffic report except as provided under 75 Pa.C.S.  3754(b) (relating to accident prevention investigations).
  • The agency invoked a 30 day extension to respond to the request.
  • The requester granted the OOR a 30 day extension to issue a final determination in the appeal.

Filings Received by OOR
Filed Adjudicator Description or File Name Document
11/09/2017 2017-1702_Marshall_SouthWhitehallTwpPD_FD.pdf