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Dugan v. Police Department

New Jersey Superior Court, Appellate Division


Decided: December 24, 1970.

GEORGE DUGAN, PLAINTIFF-APPELLANT,
v.
POLICE DEPARTMENT, CITY OF CAMDEN, DEFENDANTS-RESPONDENTS

Sullivan, Collester and Labrecque.

Per Curiam

[112 NJSuper Page 483]

We conclude that the Municipal Police Department of the City of Camden may maintain records of juvenile arrests which include the particular charge on which the juvenile was arrested. These records are maintained within the Department, are not public records and are available only to other law enforcement and related agencies. Such records are part of the overall police facilities for crime investigation, analysis, evaluation and prevention, and are necessary to the proper and effective functioning of a police department.

The arguments that these records violate the legislative policy expressed in N.J.S.A. 2A:4-39 and deny plaintiff equal protection and due process of law under the Fourteenth Amendment, are without merit. Cf. Anderson v. Sills , 56 N.J. 210 (1970).

It is to be noted that plaintiff's juvenile court record of having been adjudicated a juvenile delinquent may be expunged by proper proceedings under N.J.S.A. 2A:4-39.1.

Affirmed.

19701224


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