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CONNECTICUT CIVIL PROCEDURE: Erasure Act did not preclude police from producing records in response to subpoena

CONNECTICUT CIVIL PROCEDURE: Erasure Act Did Not Preclude Police From Producing Records In Response To Subpoena

The Superior Court holds that the Erasure Act does not bar a defendant’s attempt to subpoena records from the police department regarding a criminal matter for which charges were ultimately nolled.

The defendant in a civil lawsuit subpoenaed certain records from the Stamford Police Department concerning an incident that occurred at the restaurant.  The police had allegedly conducted an investigation and arrested several individuals, but the charges were later dropped.

The Erasure Act, C.G.S. §52-142, was held by the Superior Court not to prevent production of the police records and evidence in response to the subpoena.  The court notes that the statute requires that the police maintain said records for three years from the final disposition of the criminal case, suggesting that the legislature envisioned that such records could properly be discovered in subsequent civil litigation.

O’Neil v. Lieutenant of Stamford (08/10/16)

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