I have been trying to get a police report for 6 months, they keep saying it is going right out, but I never get it, I need it to document that these people have caused mayhem at the property,

Its a small town police force,..and they (according to other tenants there) the police have been there over 20 times.

I have a feeling that maybe they don't document and keep records, but I would like to see what they have. I wonder if I can take either the police force or the town to small claims , mostly as a tool in order to get them to do something.

OK so I found this,, but what then if they don't send it?

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Under the Massachusetts Public Records Law (the Law or ^PRL_) every person has the right to access public records. This includes the right to inspect, copy or have copies provided to them. One of the services that all police departments provide in the Commonwealth of Massachusetts is the dissemination of information to the public.

Fil

You are very fortunate to be in such a small town & administration. it is so much easier to get things done than it is in a big city.

Regardless of the distance, you should go and personally see the Chief and use your wit, logic and personality to get the report that you need before leaving.

Arrrrgh every time I call a lawyer, they want a 1000 or more retainer,..then as they know you are commented with them, they ask for another tho sad or more to do something.

What do you think about in my original post about filing in small claims ct. MOSTLY suing the town that would have them put pressure on him to do his duty on the OPEN RECORDS LAW.

I really don't want to go to court, and I'm thinking I really would have to

Again as a tool more than wanting money damages

I had a police department in a small town tell me they do not give out police reports.

In Missouri we have what is called the "Missouri sunshine law" which states what can be given out and what can not be given out in Government reports.

I called our state Attorney General office and explained what I was wanting.

About 5 days later the police Department called me and told me they had the reports and I could come by any time and pick them up.

So - find your state law that talks about open records, read it, then call your state attorney (or whoever) and ask very nicely for help.

my pd has a freedom of information

you can do an open records request for calls to that address and they only have so many days to respond

Had a tenant who kept fighting with his lady friend. Cops were called by other tenants, neighbors and even the tenants themselves.

He got tossed in the clink. Lady started having 5 minute guests over. It was a mess. She was not on the lease. He gets out, more cops are called. I had enough so went to the local PD.

Had to get a $5 money order and take it to them for the printouts. They were happy that I was taking control of the situation.

This was during the eviction moratorium for Covid in Indiana. I had to file an emergency eviction to get rid of him.

If a deputy keeps getting called over there then he must be friendly with them. Otherwise logic would lead one to believe he doesn't want the hassle so you getting rid of them would be in his best interest.

I don't think suing is the way to go. I would take a more persistent, yet professional...approach.

Go to the station and ask for the report. Then have in your head about 30 more questions for when they tell you it's not available. Practice by having a loved one give you the excuses the police may give...and respond accordingly. You will become the squeaky wheel and they will get you the report just to get rid of you. Be polite yet firm.

You: "Do you have my report?"

Police: "It's not done yet but should be any day now"

You: "I was in here a month ago and they said that, I need a more definitive answer. First off, what is your name so I can begin documenting my search for a public record that I should be able to get. Then since you say it will be "any day now", I'll stop in in two days and expect to have it then...do you agree?"

You: "Who is in charge of the process?"

Police: "Joe Dokes, but he is not here now"

You: "When will Joe Dokes be back today...I'll sit and wait for him."

Police: "Oh he's out today, but should be back tomorrow."

You: "SHOULD? Don't you know for sure? THis is important to me and I am willing to come see him but want to make sure he'll be here, can you check his schedule or make a few phone calls to find out for certain if he will be here?"

More questions you can/should ask:

You: "Who is in charge of writing the report?"

You: "Can you describe the process for issuing a report so that I can better understand which step in the process is taking so long?"

You: If I don't have the report the next time I come in, who would this be elevated to? What is your grievance process? Do you have a form I can fill out to register a complaint?

I'd make a list of about 50 such questions and just stay there asking every single one of them....this serves two purposes:

1) It helps you to understand the process and possibly uncover why this has not happened yet.

2) It lets them know you are serious and this is important to you, and will urge them to get you the report.

Pennsylvania has an open records law termed "Sunshine ???". Every municipality has a designated contact person. Every municipality has their own way of providing the information; however, your request must always be in writing (they use either their specific form or a letter) and you have to pay for their services. They have a specific time period to supply you with the records or provide you the reasoning for denial (such as an ongoing police investigation).

I'd imagine in today's world, most states have something similar.