Open Records Act
As of January 1st 2009 the Berks-Lehigh Regional Police Department will comply with the new Open Records Act. This act does provide various restrictions when it deals with complaints relating to criminal investigations. Listed below are the forms, documents, other various materials, and records protected uner the criminal investigation exception. Please read each of the exceptions carefully prior to filling a Uniform Right to Know Form.
Open Records Officer: Officer Peter Nickischer
Berks-Lehigh Regional Police Department
127 Quarry Road
Kutztown, PA 19530
Ph# 610-683-8740 Fax# 610-683-8747
e-mail: Officer Peter Nickischer blrpdcrimeprevention@gmail.com
Who May Request
Requester is defined as a person that is a legal resident of the United States and the term includes an agency.
CRIMINAL INVESTIGATION EXCEPTION (PROTECTED INFORMATION)
16) A record of an agency relating to or resulting in a criminal investigation, including:
(i) Complaints of potential criminal conduct other then a private criminal complaint.
(ii) Investigative materials, notes, correspondence, videos and reports.
(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.
(iv) A record that includes information made confidential by law or court order.
(v) Victim information, including any information that would jeopardize the safety of the victim.
(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 agency's 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 police department or other law enforcement agency or in a traffic report excpt as provided under 75 Pa. C.S. 3754(b) (relating to accident prevention investigations).
-Juvenile Act
-Deliberative Process
-Medical or psychiatric history
-Personal identifiers-SSN#, drivers license, phone number, personal e-mail
-Autopsy Reports
-Informer's Privilege
-PFA Act
-Sexual Assault Privilege
-Agencies may fulfill verbal, written or anonymous verbal or written requests for access to records under the act.
- However, if the requester wishes to pursue the relief and remedies provided for in this act, the request for access to records must be a written request.
- A written request for access to records may be submitted in person, by mail, by e-mail, by facsimile or, to the extent
provided by agency rules, any other electronic means.
- A written request must me addressed to the open-records officer.
- A written request should identify or describe the records sought with sufficient specificity to enable to agency to
ascertain which records are being requested.
- A request shall include the name and address to which the agency should address it's response.
- A written request need not include any explanation of the requester's reason for requesting or intended use of the
records unless otherwise required by law.
- A responding agency is not required to compile data into a form that doesn't already exist in order to comply with a
request.
Note: If you believe the information you are requesting is not part of the Criminal Investigation exception, then please fill out the form and submit it in one of the appropriate manners. The form may be downloaded from the DOWLOADS section of the website.