Request #18-269
  Closed

Case Files


Received

January 15, 2018 via email


Departments

Albuquerque Police Department


Requester

Sarah Hunt


Invoices

Documents

Public

(loading...)

Staff

Point of Contact

Nyvia Barraza


Hours

1 hour 10 minutes


Staff Cost

$13.02

Request Closed   Hide Public

 

Ms. Hunt,

 This email will acknowledge completion of your public records request dated January 15th, 2018. We have redacted protected personal identifiers pursuant to NMSA 1978, § 14-2-1(B).

 

 Responsive records:

  • Police Report (See attached)
  • CAD (See attached)
  • 911 Audio (Via NextRequest)
  • Lapel Video (Via Evidence.com)

 

Non-Responsive Records:

  • Photos
  • Videotape Footage
  • DWI Report
  • Belt Tape
  • Blood Test Results
  • Breathalyzer

 

 You may access your NextRequest profile at the following website: 

 https://nextrequest.cabq.gov/users/sign_in

 If you have not created a profile, go to the following link: 

 https://nextrequest.cabq.gov/sign_in_help

 

Please do not hesitate to contact me if you have any questions or comments.

Thank you,

Office of the APD Records Custodian

Nyvia Barraza

Acting APD Records Custodian/Records Supervisor

400 Roma Avenue NW, Alb., NM 87102

Office (505) 768-2137

Cell (505) 980-4944

apdipra@cabq.gov

January 31, 2018, 8:47am
Document(s) Released to Requester Public
173300955 CT 8 1711 TO 1713.wav
January 30, 2018, 8:10pm
Request Reopened Public
January 26, 2018, 11:14am
Request Closed   Hide Public

 

Hello Ms. Hunt,

 

On 01/15/2018, we received your request to inspect the following records:

 

 

Original Request:      

REQUEST FOR INSPECTION OF PUBLIC RECORDS

RE:     My Client:      Max Cordova

            DOA:              11.26.17

            Case #:            170115194

            CAD:              173300955                 

Dear Public Entities:

The purpose of this letter is to request that you preserve and provide me with any and all unredacted documents, photographs, videotape footage, cads printout, DWI report, 911 calls, cads audio CD recording, belt tapes, all lapel camera videos, blood test results, breathalyzer test results and any other unredacted reports with information related to the information listed above.

This request is made pursuant to the New Mexico Inspection of Public Records Act §14-2-1 NMSA 2003.

Pursuant to §14-2-8(D) NMSA 2003, I am requesting that you permit the inspection of the aforementioned items as soon as possible but not later than fifteen (15) days from the date of this letter.  I agree to pay a reasonable fee for the copying of these public records.  Please inform me of the cost of production prior to sending the requested information.

If you intend to dispose of and/or release any documents, photographs, videotape footage, cads printout, cads audio CD recording, lapel camera videos and any other reports with information, please provide me with at least two (2) weeks written notice so I may obtain a court order for preservation of the items.  If you have any questions as to whether a particular item should be preserved or may be disposed of, please contact me.  If you are unable to contact me, please preserve the item until we can discuss the matter.

If any law enforcement personnel have been involved in any aspect of this investigation, please direct them to preserve any and all items in their possession related to their investigation.  In addition, I am asking that you provide me with the name of the responsible officer from any law enforcement agency involved in this investigation so that I may communicate with them directly.

Under New Mexico and federal law, the failure to preserve potentially relevant evidence may provide the basis for a separate cause of action for spoliation of evidence and/or interference with access to the courts.  See for instance the state and federal cases of: Coleman v. Eddy Potash, Inc., 120 N.M. 645, 905 P.2d 185 (1995); Restaurant Management Co. v. Kidde Fenwal, Inc., 1999-NMCA-101, ¶ 10, 127 N.M. 708, 986 P.2d. 504;, and Wilson v. Meeks, 52 F.3d 1547 (10th Cir. 1995).  New Mexico law has upheld the practice of releasing records of public officials, i.e., police officers, see Cox v. The New Mexico Department of Safety, 2010-NMCA-096, 148 N.M. 934, 242 P.3d 501.

If you, or your risk managers, would like to meet to discuss any aspect of this request before the fifteen (15) days expire please contact my office.  In the event you require any further details to investigate this matter please contact me immediately.  Thank you for your cooperation and attention to this request.

Sincerely,

WHITENER LAW FIRM, P.A.

_______________________

Matthew T. Tucker, Esq.

MTT/sh

 

 

 

 

These records are exempt from disclosure under the New Mexico Inspection of Public Records Act, NMSA 1978, Section 14-2-1(A)(4) (confidential law enforcement records) and (A)(8) (as otherwise provided by law). We cannot permit inspection because, if made public the requested records could seriously interfere with the effectiveness of a criminal investigation or prosecution. Additionally, if disclosed the records could alert potential defendants to destroy evidence, coordinate stories, or flee the jurisdiction. Further, incomplete investigations contain information that might unfairly cast suspicion on and invade the privacy of innocent people.

 

 

These records will no longer be exempt from disclosure when the investigation is complete. My office will close out your request. Please let me know if you have any questions.  

 

Sincerely,

 

 

Nyvia Barraza

APD Records Custodian/IPRA Supervisor

Office (505) 768-2137

Cell (505) 980-4944

January 22, 2018, 4:29pm
Department Assignment Public
Albuquerque Police Department
January 16, 2018, 4:39pm
Request Opened Public
Request received via email
January 16, 2018, 4:39pm