LAPD Pokemon Go
| Tracking # |
22-907 |
| Submitted | Jan. 28, 2022 |
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Communications
From: Jason Koebler
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Widespread news reports and litigation show that two LAPD officers were fired for playing Pokemon Go on the job. Here are references to the incident:
https://www.vice.com/en/article/g5q593/lapd-officers-ignore-robbery-in-progress-to-catch-snorlax-in-pokemon-go
and
https://www.courts.ca.gov/opinions/documents/B307412.PDF
The court records note that "digital in-car video system (DICVS) recording that captured petitioners willfully abdicating their duty to assist a commanding officer’s response to a robbery in progress and playing a Pokémon mobile phone game while on duty."
Therefore, I request the following:
- All video and audio recordings entered as evidence in the previous court case.
- Video and/or audio recordings from involving Louis Lozano and Eric Mitchell from Saturday, April 15, 2017. Please include DICVS recordings as well as any body camera or other audio/video recorded that day during the events referenced in the court case.
Please try to include any other miscellaneous documents that are responsive to this request that don't neatly fall neatly into the above categories.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes. It will be used in the course of reporting for Motherboard, VICE’s science and technology website (www.motherboard.vice.com).
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
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 10 calendar days, as the statute requires.
Sincerely,
Jason Koebler
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-907:
Dear Requester:
We have reviewed your California Public Records Act request.
Please be advised that, pursuant to California Government Code Section 6253(c), we have found that “unusual circumstances” exist with respect to the request due to the need to search for, collect, and review the requested records from other Department entities which are separate from the office processing the request. Therefore, our staff will require the statutory fourteen days extension of time in which to respond. A determination concerning your request will be made as soon as possible.
If you have any questions regarding this correspondence, simply respond to this email.
Respectfully,
LAPD Risk Management and Legal Affairs Division, CPRA Unit
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-907:
Dear Requester:
I have reviewed your request to the Los Angeles Police Department (“LAPD” or “Department”) under the California Public Records Act (Cal. Govt. Code section 6250, et seq., hereinafter the “CPRA” or “Act”) seeking records for an incident on April 15, 2017, for Officers Louis Lozano, Serial No.35355 and Eric Mitchell, Serial No. 40169, pursuant to Penal Code Section 832.7 (as amended by SB1421 effective January 1, 2019).
The Department is cognizant of its responsibilities under the CPRA. It recognizes the statutory scheme was enacted to maximize citizen access to the workings of government. The Act does not mandate disclosure of all documents within the government’s possession. Rather, by specific exemption and reference to other statutes, the Act recognizes that there are boundaries where the public’s right to access must be balanced against such weighty considerations as the right of privacy, a right of constitutional dimension under California Constitution, Article 1, Section 1. The law also allows for nondisclosure of records that are otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(a); 6254(b); 6254(c); 6254(f); 6254(k); and 6255.
The Department also recognizes that Penal Code Section 832.7 – which generally makes all peace officer personnel records confidential and undisclosable – was amended on January 1, 2019, by Senate Bill 1421 to create an exception from that general confidentiality requirement for the following four categories of officer personnel and investigatory records: records relating to the report, investigation, or findings of (i) an incident regarding an officer-involved shooting; (ii) an incident involving the use of force by an officer resulting in death or great bodily injury; (iii) an incident involving a sustained finding of sexual assault by an officer involving a member of the public; and (iv) an incident involving a sustained finding of dishonesty by an officer directly related to the reporting, investigation, or prosecution of a crime or of the investigation of misconduct by another officer. Pen. Code § 832.7(b)(1)(A)-(C).
The Department has conducted a search and has disclosable records responsive to your request in regard to sustained complaints of dishonesty, pursuant to Penal Code § 832.7(b)(1) for Officers Louis Lozano, Serial No.35355 and Eric Mitchell, Serial No. 40169.
Please note that, pursuant to Penal Code Section 832.7(b)(5), the Department is required to redact disclosable records for several enumerated purposes, including to remove personal data or information; to protect the anonymity of complainants and witnesses; to protect confidential medical, financial, or other similar information; and where disclosure of the record would pose a significant danger to the physical safety of the subject officer or other persons.
At this time, the Department is still in the process of identifying all possible records responsive to your request. In regard to the records we have identified responsive to your request, due to the large number of requests for similar records the Department is processing pursuant to the above criteria, we are currently unable to provide you with an estimated date records responsive to your request will be available. However, we will continue to provide you with updates on any future developments regarding your request, including when the records are available. Thank you again for your patience and understanding.
We also invite you to visit our SB1421 web page, where you will find similar requested records related to officer involved shootings, uses of force with great bodily injury, sustained complaints of sexual assault, and sustained complaints of dishonesty published on our web page. The Department uploads documents on a weekly basis when documents become available. Please see link below.
http://www.lapdonline.org/lapdsb1421
If you have any questions or concerns, please reply to this email.
Respectfully,
LAPD Risk Management and Legal Affairs Division, CPRA Unit
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
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Record request #22-907 has been published and is now available for public view.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-907:
Dear Requester:
The Department has released records responsive to your request. Please follow the link below to download reports.
CF17-000915 Sustained Dishonesty
https://lacity.nextrequest.com/documents?folder_filter=CF17-000915
Thank you for your patience as we continue to search for records and video/audio. Please reply to this email if you have any questions.
Respectfully,
LAPD Risk Management and Legal Affairs Division, CPRA Unit
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
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A document has been released for record request #22-907:
* https://lacity.nextrequest.com/documents?folder_filter=CF17-000915
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-907:
Dear requester:
At this time, we are unable to provide audio/video related to sustained complaints of sexual assault or dishonesty. We do not have the skilled staff or technology to produce such files. Therefore, your request for audio/video is denied.
Please reply to this email if you have any questions.
Respectfully,
LAPD Risk Management and Legal Affairs Division, CPRA Unit
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Jason Koebler
To Whom It May Concern,
I represent Jason Koebler and VICE Media Group in connection with the CPRA request identified above. I am writing to object to the Department's refusal to produce video and audio recordings, and to request that the Department produce these records immediately, as required by law.
For ease of reference, I am attaching previous correspondence about the request to this email.
The Department has already acknowledged that the requested records are subject to the requirements of the CPRA and that they are not subject to the exemption for peace officer personnel records because they relate to "a sustained finding of dishonesty by an officer directly related to the reporting, investigation, or prosecution of a crime or of the investigation of misconduct by another officer," within the meaning of Penal Code § 832.7. See emails dated 2-10-22 and 4-20-22 (attached).
The Department has not cited any exemption that would justify refusing to produce these records. The Department's only stated reason for the refusal was that "[w]e do not have the skilled staff or technology to produce [audio or video] files." But the law does not appear to recognize any such exemption, nor did the Department cite one.
To the contrary, the CPRA mandates that an agency "shall make the information available in any electronic format in which it holds the information." Cal. Gov't Code § 6253.9(f).(emphasis added). Thus, if the Department maintains these records as audio and video files, which it appears to acknowledge that it does, the statute requires the Department to produce them in this form.
The language of the Penal Code regarding these records is similarly mandatory. Penal Code § 832.7 (records related to sustained finding of dishonesty "shall be made available for public inspection pursuant to the California Public Records Act") (emphasis added).
In light of these clear statutory mandates, I respectfully request that the Department make the audio and/or video records available to Mr. Koebler without further delay. In recognition of the staffing or technological difficulties cited by the Department, Mr. Koebler is willing to come to the location where the records are stored and inspect them, and to record copies himself using his cell phone or other portable recording device. See Cal. Gov't Code § 6253(a)-(b) (public records must be made available for both inspection and copying).
I trust that such an arrangement will alleviate any staffing or technology concerns the Department may have.
Please confirm that you will make the audio and video records available to Mr. Koebler by responding to this email.
This email does not constitute a complete statement of VICE or Jason Koebler's rights or remedies in this matter, all of which are expressly reserved.
Thank you very much for your help.
Sincerely,
YONATAN BERKOVITS
VP, Business & Legal Affairs
VICE Media
yonatan.berkovits@vice.com
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on Feb. 9, 2022. You had previously indicated that it would be completed on Feb. 23, 2022. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22-907.
Thanks for your help, and let me know if further clarification is needed.
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-907:
Dear Requester:
This is a follow-up to our email dated, May 26, 2022, and response to your letter dated, October 12, 2022.
In regards to your request for audio and video media files for a complaint concerning Officers Louis Lozano, Serial No. 35355, and Eric Mitchell, Serial No. 40169, for an incident dated, April 15, 2017, the Department will continue to search for audio and video media files. Please allow time for review and redaction of any media located in response to your request. Media files are release through the NextRequest portal and you will be notified on the day of release. We will keep you informed on the status of your request and when files become available.
Please reply to this email if you have any questions.
Respectfully,
LAPD Risk Management and Legal Affairs Division, CPRA Unit
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on Feb. 9, 2022. You had previously indicated that it would be completed on Feb. 23, 2022. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22-907.
Thanks for your help, and let me know if further clarification is needed.
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-907:
Dear Requester:
Thank you for your email. At this time, we are unable to provide you with a date of production of media requested. However, I will check with a supervisor to see if we can provide you with an estimated date.
Respectfully,
Risk Management and Legal Affairs Division, CPRA Unit
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on Feb. 9, 2022. You had previously indicated that it would be completed on Feb. 23, 2022. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22-907.
Thanks for your help, and let me know if further clarification is needed.
From: Jason Koebler
Hey, wanted to check on this. Thanks
From: Jason Koebler
Hi, can I please get an update on this?
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-907:
Dear Requester:
Thank you for your email. We have identified media that is currently being reviewed. We anticipate release of any responsive media by October 5, 2023.
In the meantime, the Department released records responsive to the incident on your request. Please use the link below to access these records.
Link:
https://lacity.nextrequest.com/documents?folder_filter=CF17-000915
Respectfully,
LAPD Risk Management and Legal Affairs Division, CPRA Unit
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.civicplus.help/hc/en-us/sections/11652151127447-Requester-Resources'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-907:
Dear Requester:
The Department released media responsive to the incident on your request. Please use the link below to access this media.
Link:
https://lacity.nextrequest.com/documents?folder_filter=CF17-000915
Respectfully,
LAPD Public Records and Subpoena Response Section, CPRA Unit
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/sections/11652151127447-Requester-Resources">help page</a>
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CF17-00091520170415160912.mpg
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-907:
Dear Requester:
The Department is still searching for responsive records. We estimate production of records on or before February 6, 2024. Thank you for your continued patience. We will notify you when records become available.
Please reply to this email if you have any questions.
Respectfully,
LAPD Public Records and Subpoena Response Section, CPRA Unit
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/sections/11652151127447-Requester-Resources">help page</a>
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on Feb. 9, 2022. You had previously indicated that it would be completed on Feb. 6, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22-907.
Thanks for your help, and let me know if further clarification is needed.
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-907:
Dear Requester:
The Department is still reviewing video footage for redactions. We estimate production of records on or before August 1, 2024.
Please note that pursuant to Penal Code Section 832.7(b)(6), the Department is required to redact disclosable records for several enumerated purposes, including to remove personal data or information; to protect the anonymity of whistleblowers, complainants, victims, and witnesses; to protect confidential medical, financial, or other similar information; and where disclosure of the record would pose a significant danger to the physical safety of the subject officer or other persons.
Thank you for your continued patience. We will notify you when records become available.
Please reply to this email if you have any questions.
Respectfully,
LAPD Public Records and Subpoena Response Section, CPRA Unit
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on Feb. 9, 2022. You had previously indicated that it would be completed on Feb. 6, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22-907.
Thanks for your help, and let me know if further clarification is needed.
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-907:
Dear Requester:
The estimated date of production is on or before August 1, 2024. WE will provide you with updates up until footage is released. We appreciate your patience through this process.
Respectfully,
LAPD Public Records and Subpoena Response Section, CPRA Unit
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-907:
Dear Requester:
The Department released records responsive to the incident on your request. Please use the link below to access these records.
Media and Records
MPG File
Dishonesty Report
Rationale on Penalty
Rationale on Findings
Incident Recall
Link:
https://lacity.nextrequest.com/documents?folder_filter=CF17-000915
At this time, we have provided you with numerous records responsive to your request. These records contain detailed information regarding the facts and findings related to an incident involving the discharge of a firearm at a person by a peace officer, pursuant to Penal Code Section 832.7(b)(1). Please review the published records to determine if you would like any additional records, referenced in the production and index. If you would like additional records, please provide the Department with a list of those specific records on or before November 1, 2024. If the department does not hear from you by that date, this request will be closed.
If you determine after the closure of this request that you want additional records, please open a new request. In that new request, reference this NextRequest No. 22-907, and provide a list of the specific records referenced in the production and index of the records listed above.
We invite you to visit the Department’s SB1421-SB16 webpage, where you will find records that have already been disclosed pursuant to Penal Code Section 832.7(b)(1). The Department uploads newly disclosed records on a weekly basis as documents become available. Please see the link below:
If you have any questions or concerns, please reply to this email.
Respectfully,
LAPD Public Records and Subpoena Response Section, CPRA Unit
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>
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CF17-00091520170415160912.mpg
From: Los Angeles Police Department
City of Los Angeles
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Record request #22-907 has been closed. The closure reason supplied was:
This request is now closed. Please refer to the information posted on this request.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>