NJ: Dash cams videos not “records required to be kept” for FOIA but remanded for whether there is a common law right of access

Dash cam videos are not public records under the state open records law because they are not required by law to be kept. There might, however, be a common law right of access, and the case is remanded for a determination of that. Paff v. Ocean County Prosecutor’s Office, 2018 N.J. LEXIS 1002 (Aug. 13, 2018).

“Although the affidavit is terse, it provided a sufficient basis for the issuing judge to evaluate the CI’s reliability and ultimately find probable cause.” It was not bare bones. United States v. Butler, 2018 U.S. Dist. LEXIS 135970 (M.D. La. Aug. 13, 2018).* [Once again, the good faith exception inquiry turns into a probable cause inquiry, despite the court’s avowed intention to not decide probable cause.]

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