AG 95-06.

Case DateMarch 09, 1995
CourtRhode Island
Rhode Island Attorney General Opinions 1995. AG 95-06. OFFICIAL OPINION 95-06March 9, 1995Anne S. Davidson,Editor East Greenwich Pendulum P.O. Box 350 East Greenwich, R.I. 02818 Dear Ms. Davidson: I write in response to your access to public records complaint of March 2, 1995 against the East Greenwich Police Department. On February 24, 1995, pursuant to the Access to Public Records Act (the "Act"), you wrote to request copies of the complete accident report of a February 10, 1995 motor vehicle accident which occured at Middle Road and South County Trail, including a description of how the accident occured, the accident reconstruction report by Patrolman Donald Mong, the names of all occupants and those injured, witness statements, and all other information subject to disclosure under the law. Your letter followed a February 21, 1995 oral request for this information. On February 28, 1995, Edmund Alves, Jr., Town Solicitor for East Greenwich, denied your request, citing R.I. Gen. Laws § 38-2-2(d)(4) and (16). Section 38-2-2(d)(4) of the Act exempts from disclosure to the public: All records maintained by law enforcement agencies for criminal law enforcement; and all records relating to the detection and investigation of crime, including those maintained on any individual or compiled in the course of a criminal investigation by any law enforcement agency but only to the extent that the disclosure of such records or information (a) could reasonably be expected to interfere with investigations of criminal activity or with enforcement proceedings, (b) would deprive a person of a right to a fair trial or an impartial adjudication, (c) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (d) could reasonably be expected to disclose the identity of a confidential source ... (e) would disclose techniques and procedures for law enforcement investigations or prosecutions ... or (f) could reasonably be expected to endanger the life or physical safety of any individual; provided , however, records ... reflecting the initial arrest of an adult and the charge or charges brought against an adult shall be public. Section 38-2-2(d)(16) exempts:
All investigatory records of public bodies pertaining to possible violations of statute, rule, or regulation other than records of final actions taken, provided that all
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