Thursday, March 27, 2014

What Authority Did Hamilton County Authorities Have to Redact Test Results from Irsay Arrest Report?

Yesterday, the Indianapolis Star published on-line an "exclusive" story about police reports the newspaper obtained that detailed the arrest of Indianapolis Colts' owner Jim Irsay.  First of all, I am  confused by how this could be an "exclusive" report.  These are public records.  Typically anyone can get any police report simply by going into the office that has the report and paying a modest fee for copying. I'm not sure how the Star could get an "exclusive" story based on public records that undoubtedly every media outlet in town has been asking for.

The Star story begins:
Indianapolis Colts Owner Jim Irsay
Indianapolis Colts owner Jim Irsay had trouble standing, his speech was slurred and he admitted taking several medications but refused to voluntarily submit to a blood test after he was stopped by a Carmel police officer on March 16.

Those and many other new details about Irsay's arrest are contained in police reports obtained Wednesday by The Indianapolis Star through a public records request.

Police also found $29,029 in cash -- most of it in a briefcase and laundry bag where police also found numerous bottles containing prescription drugs -- in the silver Toyota Highlander that the billionaire was driving.

Irsay agreed at the scene to take a portable breath test, though the result of that test was redacted in the records obtained by The Star. Irsay denied having consumed any alcohol, according to the arresting officer, who told a supervisor called to the scene that he "believed Irsay to be intoxicated on a substance other than alcohol."
Under what legal authority does the government agency, I am assuming here the Hamilton County Sheriff's Department or the Prosecutor's Office, have to redact that information on the results of a portable breath test in a police report?  The agency needs to identify what exception in the open records law was used to redact that information, yet, if they did, the Star doesn't mention it.   I have seen a lot of police reports in my time. Never have I seen the results of a portable breath test redacted in a police report. Now if the case went to trial and the report was for some reason admitted into evidence, perhaps for impeachment purposes that result would probably be redacted as that test is generally inadmissible.  But at this stage there is no reason to do this except to shield politically powerful Mr. Irsay from negative publicity.

Like attorney Gary Welsh of Advance Indiana, I have doubts about the Hamilton County Prosecutor's Office which has history of failing to prosecute wealthy, politically-connected members of the community.

5 comments:

Nicolas Martin said...

I have no experience reading police reports. But the report, from the Carmel Police Department, says:

Offender Suspected of Using
Alcohol: No
Drugs: Yes


Why was he not suspected of using alcohol?

Since the Carmel Police Department issues copies of reports that are 1988 fax quality, it isn’t the easiest thing to read but it would appear that the redaction of the breath test is on page 19. The reporting officer writes, “I then offered Irsay a portable breath test on which he tested a [redacted.] On the same page: “Due to Irsay’s recent [redacted] I handcuffed him with his hands in front of him...” (Nice the way the officer “asked Irsay to stay with Officer Thomas.” Are the Carmel police always so polite?)

Irsay refused the blood draw so it performed pursuant to a warrant issued by Judge Hughes.”

Also on page 19 there are two apparent redactions about the nature of the pills found in Irsay’s vehicle.

On page 20 the report says: Mr. Irsay states that he had recently had a [redacted]...”" In the briefcase were [redacted] pill bottles...” “Inside the bags were [redacted] pill bottles with various color and kinds of pills..."

A second breath test was administered at the Hamilton County Jail with results also redacted. (page 23)

Under civil forfeiture will Irsay lose all his valued possessions, including his money, car, TV, phone, computer, and football team, consistent with the treatment of the Chinese women arrested for prostitution in Carmel last year?

Freida Bowlby said...

Effective writing is possible only if you have complete knowledge about that specific topic and can write free hand. But if you don't know some topics then you need to research and understand which may consume lot of time so best solution is to hire paper writer click now and write any paper effectively.

maymay said...
This comment has been removed by the author.
maymay said...

While each of our times go on to get quickly pull jam-packed, using a great deal of males and females louis vuitton replica a lot less along with a lesser amount of no cost occasion, something more which can help people to get occasion informed is certain to get common. Your straightforwardness along with convenience involving on-line online dating is certain for you to perpetuate your way of life involving their acclaim. You happen to be on the morning is actually zero alert the idea moves muted pertaining to precisely what would seem forever, and after this your current mind's removed clear! 1 of the most significant anxieties which has a initial night out can be exactly what many of us going to focus on with regards to? Think about your chat features run out with a morning, you both stay generally there watching some other, one particular involving anyone panics along with floods air which has a silly review as well as ongoing chat about next to nothing, and after this every bit as involving you prefer to receive the nightmare beyond generally there! With a primary night out your product in the discussion is really a lot a lesser amount of important when compared with how we accomplish yourself. In case you incorporate a new self-confident profile through shape words using amazing chat, then you certainly contain the making of an exceptional human being for you to morning. With a morning many of us want to arise over while exciting, hilarious as well as incorporate some amount to generate. Normally many of us want to desired in addition to for the seems to be. Thinking ability is surely an eye-catching quality, along with could the idea! In essence, many of us want to think exceptional with regards to our self for the morning. Might know about must not mention? As being a rule involving louis vuitton replica handbags for the first night out, never check out religion as well as state policies while these kinds of issue normally come up with a heated up controversy, which in turn or else sorted out while using maximum cure will certainly result throughout difference or maybe more serious a spat.

Megan Richter said...

Contact the best essay writers and get professional essay writing help at an affordable price!