Q. Recently I filed a FOIA request/complaint to the Salisbury, NC police department, which arrested me for DWI. At trial, two police officers testified that they dialed a telephone number for me and overheard me tell my girlfriend that I was sorry for wrecking her vehicle. But I did not ask the police to dial any number for me. And I did not speak with my alleged girlfriend. In fact, I spoke with a lawyer. I first spoke to the lawyer's wife and she let me talk to her husband, the lawyer. I was convicted and sentenced to 1 year in prison. When I got out, I tried my best to obtain records about the telephone number and was denied at every level. So, I filed a FOIA request to the police department and the sheriff's office to obtain records concerning the telephone number. I have been given the run around.
A. Because your criminal case has been settled for more than a decade (see court opinion), the main issues here are whether the information you seek was reduced to writing and whether such documentation still exists. If so, I am not aware of any statutory exemptions that would prevent the local law enforcement authorities from releasing the requested information to you.