Muldrow Police Department

Muldrow Police Department

Guidelines for public records

The Muldrow Police Department operates under procedures that are in compliance with Title 51§ 24, also known as the Oklahoma Open Records Act. This statute details which records law enforcement agencies shall make available for public inspection, if kept.

The Open Records Act states that law enforcement agencies shall make available:

An arrestee description, including the name, date of birth, address, race, sex, physical description, and occupation of the arrestee;

1.        Facts concerning the arrest, including the cause of arrest and the name of the arresting officer;

2.        Conviction information, including the name of any person convicted of a criminal offense;

3.        Disposition of all warrants, including orders signed by a judge of any court commanding a law enforcement officer to arrest a particular person;

4.        A chronological list of incidents, including initial offense report information showing the offense, date, time, general location, officer and a brief summary of what occurred;

5.        A crime summary, including a departmental summary of crimes reported and public calls for service by classification or nature and number;

6.        Radio logs, including a chronological listing of the calls dispatched; and

7.        Jail registers, including jail blotter data or jail booking information recorded on persons at the time of incarceration showing the name of each prisoner with the date and cause of his commitment, the authority committing him, whether committed for a criminal offense, a description of his person, and the date or manner of his discharge or escape.

The Oklahoma Open Records also states, in paragraph B of Subsection 24:

 "Except for the records listed in subsection A (above) of this section and those made open by other state or local laws, law enforcement agencies may deny access to law enforcement records except where a court finds that the public interest or the interest of an individual outweighs the reason for denial."

Record production requests must be precise enough to identify with reasonable certainty exactly what document is requested. Generalized or blanket requests will not be honored.

Arrestee information and facts concerning the arrest can be found on the Arrest and Booking Data Sheet. In order to obtain this information, the requestor must provide the name of the individual arrested and an approximate date of arrest (within a few days of the actual date of arrest).

The Muldrow Police Department does not consistently maintain conviction information. The most up-to-date and accurate source for conviction information is the court of record. In Sequoyah County conviction information for state felonies and misdemeanors can be obtained from the Sequoyah County District Court Clerks’ Office. Conviction information on municipal misdemeanors can be obtained from the Town of Muldrow Municipal Court Clerk’s Office.

The disposition of warrants can be obtained through the court issuing the warrant. Copies of outstanding warrants can be obtained through the Muldrow Police Department.

A chronological list of incidents does not exist in written form. Records personnel are able to search a computer database by name or location to locate a specific report. Generalized requests for information, such as the number of DUI arrests, the number of accidents at an intersection, or the number of burglaries in a geographic area can only be obtained by running a search of the computer database. Requests of this nature should be directed in writing to the Chief of Police. The requestor will have to pay a research fee to obtain this information.

The department prepares a monthly report listing a summary of crimes reported by crime type. This report also contains summary information about the number of people arrested by crime type. This information can be obtained from the Muldrow Police Department.

Radio logs are maintained by Muldrow Police Department.

FEES

The fees as set by T51§24A.5 will be $0.25 per page for 8.5 in. by 14 in. or smaller, or $1.00 for per page for certified copies (some reports may be subject to a research fee.) Fees for audio recordings will be $10, and $10 per disk for digital video recordings.

JUVENILE INFORMATION

Title 10 Chapter 73 of the Oklahoma State Statutes is known as the Oklahoma Juvenile Code. Paragraph A states: "Except as provided by this section or as otherwise specifically provided by state or federal laws, the following juvenile records are confidential and shall not be open to the general public, inspected, or their contents disclosed." The list of confidential records includes law enforcement records. Therefore, the Records Section is unable to release any record on a juvenile, including arrest records or reports in which a juvenile was involved. These records cannot be released to the juvenile or his parents or guardian. Title 10 does specifically state that records of traffic violations are not considered confidential.

SUBPOENAS

All subpoenas should be addressed to the Chief of Police/Keeper of Records. They can be delivered to the Muldrow Police Department. Each subpoena received will be reviewed by an officer designated by the Chief of Police. The department does have the right to contest a subpoena if it feels releasing the information requested would be a violation of state or federal law. After a subpoena has been reviewed and approved by the designated officer, it will be forwarded to the communications supervisor who will obtain the subpoenaed materials. The communications supervisor will then contact the individual requesting the subpoenaed materials.