Parallel Construction, Charlotte City Attorney
| Submitted | Dec. 10, 2016 |
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Communications
From: Nick Szuberla
To Whom It May Concern:
Pursuant to North Carolina Public Records Law (G.S. §§ 132-1 through 132-10), I hereby request the following documents:
The release of all records---including legal and policy memoranda; guidance documents, instructions; training documents; formal and informal presentations; directives; contracts or agreements and memoranda of understanding---that:
1. Contain the phrase "for lead purposes only";
2. Contain the phrase "collateral leads";
3. Instruct or advise officers, officials, agents or lawyers that certain investigation techniques are "for background purposes only";
4. Instruct or advise officers, officials, agents or lawyers that certain information or techniques are not to be used as "primary evidence";
5. Instruct or advise officers, officials, agents or lawyers that certain information or techniques are not to be used or described in reports, subpoenas or other legal process, affidavits, court applications, court submissions, testimony, or communications with defendants or defense counsel;
6. Instruct or advise officers, officials, agents or lawyers to "scrub," remove, or omit certain information or techniques from reports subpoenas or other legal process, affidavits, court applications, court submissions, testimony, or communications with defendants or defense counsel.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.
Sincerely,
Nick Szuberla (Working Narratives)
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 10, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Johnson, Carolyn
Your request was forwarded to the attention of the police attorney’s office…copied here for your information. I trust they will be in touch with you in the near future, if not already. Regards.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 10, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Emken, Judy
To whom it may concern:
Please see CMPD responses listed below in blue.
Thank you for your interest in the CMPD.
Sincerely,
Judith C. Emken
Charlotte-Mecklenburg Police Department
Senior Assistant City Attorney
600 East Trade Street
Charlotte, NC 28202
(704) 353-1062
Your request: Pursuant to North Carolina Public Records Law (G.S. §§ 132-1 through 132-10), I hereby request the following documents:
The release of all records---including legal and policy memoranda; guidance documents, instructions; training documents; formal and informal presentations; directives; contracts or agreements and memoranda of understanding---that:
1. Contain the phrase "for lead purposes only"; criminal investigative/criminal intelligence material protected per G.S. 132-1.4.
2. Contain the phrase "collateral leads"; see above
3. Instruct or advise officers, officials, agents or lawyers that certain investigation techniques are "for background purposes only"; see above
4. Instruct or advise officers, officials, agents or lawyers that certain information or techniques are not to be used as "primary evidence"; unaware of the use of that term within CMPD.
5. Instruct or advise officers, officials, agents or lawyers that certain information or techniques are not to be used or described in reports, subpoenas or other legal process, affidavits, court applications, court submissions, testimony, or communications with defendants or defense counsel; CMPD does not advise officers to withhold any information from the District Attorney and requires truthfulness before any judicial tribunal. CMPD only advises officers and not any “official, agents or lawyers”.
6. Instruct or advise officers, officials, agents or lawyers to "scrub," remove, or omit certain information or techniques from reports subpoenas or other legal process, affidavits, court applications, court submissions, testimony, or communications with defendants or defense counsel. No such document exists. (see CMPD Directives on the public website for Discovery requirements per NC law.)
From: Nick Szuberla
Thanks, we'd like to request records related to items 1, 2, and 3 in redacted form.
Working Narratives
From: Nick Szuberla
Thanks, we'd like to request records related to items 1, 2, and 3 in redacted form.
Working Narratives
From: Emken, Judy
To whom it may concern:
It is not possible to redact criminal intelligence documents or criminal investigative documents.
Thank you again for your interest in the CMPD.
Judith C. Emken
Charlotte-Mecklenburg Police Department
Senior Assistant City Attorney
600 East Trade Street
Charlotte, NC 28202
(704) 353-1062
From: Nick Szuberla
Thanks, even investigative documents related to non-active or closed cases?
From: Emken, Judy
Closed cases do not lose their status as a confidential record under North Carolina law.
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