Search Warrant Data (Colorado Bureau of Investigation)

LPL filed this request with the Colorado Bureau of Investigation of Colorado.
Multi Request Search Warrant Data
Est. Completion None
Status
No Responsive Documents

Communications

From: LPL


To Whom It May Concern:

Pursuant to the Colorado Public Records Law, I hereby request the following records:

For all search warrants, applications for search warrants, cancellations, and authorization for search warrants between 2012 to the date of processing this request, please provide the following points of record for each:

Full Name of requester
If arrest, arrest ID (eg some cities/states use, "Incident Report")
Reason(s) for search warrant (typically either hand-written, or checkboxes)
Badge ID (or similar) of requester
District/Unit
Name of Judge
Name of approving officer
Whether an Arrest happened
Requested location of search warrant
Location of search warrant execution
Type of search warrant
Statements used to justify search warrant
Time and date when search warrant was submitted for approval
Time and date when search warrant was executed
Whether anything was seized
Whether anything was found
License plate of vehicle (if relevant)
Race of person for search warrant
Age of person for search warrant
State of person for search warrant
Whether an informant was involved
Method of contact with informant leading to search warrant (eg, phone call, mail, fax, email, etc)
Description of person search warrant executed on
Legal code of violation
Description of violation
Date of violation
If search warrant related to debt: name of company debt is owed to, amount owed
Whether FBI involved
ID associated with FBI document (eg, IR #)
Whether search warrant was cancelled
Whether contraband found
Whether narcotics found

The records responsive to this request are likely available in a database, or in some query-able format. If your department or agency does not have direct access to the records, please raise to the respective department that can run queries directly (eg, through SQL).

Should your agency not have all of the requested records within a single record or document, please provide me the relevant documents that do, even if that requires more than one class of document. Should some of the records be unavailable, please let me know ahead of time so that we can narrow the request accordingly.

As the records responsive to this request are imperative for understanding how search warrants are executed, I ask that the public interest of these records be evaluated to the extent that the public's interest outweighs this request's burden. To add, this request is being sent to the largest city of every state and will be collated together to create a comprehensive map of search warrants throughout the US. As such, the records are not only important for understanding search warrants at a local level, but also at a national and state-wide level.

Please ensure that provided documents comply with Section 508, as these records will be shared with members of the public who are covered under the ADA. This guide should be helpful: https://www.hhs.gov/web/section-508/making-files-accessible/checklist/pdf/index.html

If this request was sent to the wrong department or agency, please let me know so that I can send to the correct place.

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 look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Lucy Parsons Labs

From: Colorado Bureau of Investigation

Good morning, Ms. Labs,

I am so sorry for the delayed response. I have received your CORA request
regarding search warrants, and you will receive a completed response by
this afternoon.

Thank you, and again, I truly apologize for not reaching out sooner,

Kristina

*Kristina GavitRecords/Colorado Open Records Act (CORA) Manager*
Administration

P 303-239-4281 | F 303-235-0568
690 Kipling St, Suite 3000, Denver CO 80215
kristina.gavit@state.co.us I www.colorado.gov/cbi

From: Colorado Bureau of Investigation

Good afternoon, Ms. Labs,

Please find the CBI's CORA response attached to this email. I apologize for
the delay in response.

Thank you,

Kristina

*Kristina GavitRecords/Colorado Open Records Act (CORA) Manager*
Administration

P 303-239-4281 | F 303-235-0568
690 Kipling St, Suite 3000, Denver CO 80215
kristina.gavit@state.co.us I www.colorado.gov/cbi

From: LPL

Thank you for your response. Despite the application used to insert records into not having broad search capabilities, the requested records still ought to exist within a database that's queryable in a back end, as is the case with a vast majority of software used by government bodies. Could you please raise this request to your technical staff, who should have the capabilities to extract the requested information?

From: Colorado Bureau of Investigation

Good morning,

I have received your follow-up question regarding your November CORA
request and will be in touch with you by tomorrow afternoon to let you know
the status of your request.

Thank you,

Kristina

*Kristina GavitRecords/Colorado Open Records Act (CORA) Manager*
Administration

P 303-239-4281 | F 303-235-0568
690 Kipling St, Suite 3000, Denver CO 80215
kristina.gavit@state.co.us I www.colorado.gov/cbi

From: Colorado Bureau of Investigation

Good morning,

I am still working on receiving a completed response for your request, and
will be in touch with you by the end of the week with an update.

Thank you,

Kristina

*Kristina GavitRecords/Colorado Open Records Act (CORA) Manager*
Administration

P 303-239-4281 | F 303-235-0568
690 Kipling St, Suite 3000, Denver CO 80215
kristina.gavit@state.co.us I www.colorado.gov/cbi

From: Colorado Bureau of Investigation

Hello, Ms. Labs,

Please find the CBI's CORA response attached to this email.

Thank you,

Kristina

*Kristina GavitRecords/Colorado Open Records Act (CORA) Manager*
Administration

P 303-239-4281 | F 303-235-0568
690 Kipling St, Suite 3000, Denver CO 80215
kristina.gavit@state.co.us I www.colorado.gov/cbi

From: LPL

Thank you for your response. The provided case law does not seem to apply here. Please review Colo. Rev. Stat. ยง 24-72-203(3.5)(a) (2017), as it is fairly explicit in what is required with requests for data. Two excerpts:

(3.5) (a) Except as otherwise required by subsection (3.5)(b) of this section:
(I) If a public record is stored in a digital format that is neither searchable nor sortable, the custodian shall provide a copy of the public record in a digital format.
(II) If a public record is stored in a digital format that is searchable but not sortable, the custodian shall provide a copy of the public record in a searchable format.
(III) If a public record is stored in a digital format that is sortable, the custodian shall provide a copy of the public record in a sortable format.

Further down:
(d) Altering an existing public record, or excising fields of information pursuant to this subsection (3.5) to remove information that the custodian is either required or permitted to withhold, does not constitute the creation of a new public record.

I look forward to receiving the requested records ASAP. Please ensure that the records are provided within an excel spreadsheet. Thank you and regards.

From: Colorado Bureau of Investigation

Hello Ms. Labs,

Thank you for your email. The records you seek are criminal justice records
- the applicable law is 24-72-301 et seq. under the Colorado Criminal
Justice Records Act (CCJRA). The language you are citing is under the
Colorado Open Records Act (CORA), 24-72-201 et seq. The data revision piece
you cite is located in CORA, not CCJRA, and as such, is not applicable to
your request. Please refer to the CBI's previous response dated December
13, 2019.

Thank you,

Kristina

*Kristina GavitRecords/Colorado Open Records Act (CORA) Manager*
Administration

P 303-239-4281 | F 303-235-0568
690 Kipling St, Suite 3000, Denver CO 80215
kristina.gavit@state.co.us I www.colorado.gov/cbi

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