Judges: WILLIAM L. WEBSTER, Attorney General
Filed Date: 11/29/1990
Status: Precedential
Modified Date: 7/5/2016
Board of Police Commissioners of Kansas City, Missouri Police Department 1125 Locust Street Kansas City, Missouri 64106-2687
Attention: Dale H. Close Assistant Legal Advisor
Dear Board Members:
This opinion letter is in response to the resolution adopted by you seeking an opinion from this office pursuant to Section
Whether records of arrest for all persons arrested by officers of the Kansas City, Missouri Police Department in the preceding twenty-four (24) hour period, including the name and address of the arrestee, the charge or violation, the date that the individual was charged, and the court date, are open or closed records.
Section
610.100 . Arrest records, closed, when. — If any person is arrested and not charged with an offense against the law within thirty days of his arrest, official records of the arrest and of any detention or confinement incident thereto shall thereafter be closed records except as provided in section610.120 .
In addition, Section
610.105 . Effect of nolle pros — dismissal — sentence suspended on record. — If the person arrested is charged but the case is subsequently nolle prossed, dismissed, or the accused is found not guilty or imposition of sentence is suspended in the court in which the action is prosecuted, official records pertaining to the case shall thereafter be closed records when such case is finally terminated except as provided in section610.120 .
Section
610.010 . Definitions. — As used in sections610.010 to610.030 and610.100 to610.115 , unless the context otherwise indicates, the following terms mean:(1) "Closed meeting", "closed record", or "closed vote", any meeting, record or vote closed to the public; [Emphasis added.]
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Sections
Legislative intent should be ascertained from the language used, considering words in their plain and ordinary meaning.Metro Auto Auction v. Director of Revenue,
Your question specifically asks if arrest records for a twenty-four hour period preceding a request for such records are open or closed records. Pursuant to Sections
Your question also asks if the name and address of the arrestee, the charge or violation, the date that the individual was charged, and the court date are open or closed records. Pursuant to Sections
Very truly yours,
WILLIAM L. WEBSTER Attorney General