Palmer v. Pennsylvania State Police

In Palmer v. Pennsylvania State Police, 928 A.2d 1165 (Pa. Cmwlth. 2007), an inmate requested for a copy of a criminal laboratory user fee statement from the Pennsylvania State Police (PSP). The inmate argued that the PSP had constructive possession or control over the user fee statement in that it may authorize those in possession to produce it. In an attempt to locate the requested document, the PSP requested that other agencies search for the user fee statement or the laboratory report number to no avail. Id. Also, the user fee statement requested by the inmate was not known to be in the possession of any agency. Id. Therefore, it was not within the PSP's control. Id. The inmate cited no law that requires an agency to provide a public record that neither it nor any other agency possesses or can determine if it possesses. Id. Indeed, the Law does not require an agency to create a public record that does not currently exist. Id.; Section 2(e) of the Law, 65 P.S. 66.2(e).