Duncan Socrates Lemp Shooting on March 12, 2020

Subject: Comprehensive FOIA Request for Records Related to Duncan Socrates Lemp Shooting on March 12, 2020

To: Montgomery County State’s Attorney’s Office
Montgomery County Circuit Court
50 Maryland Ave.
Rockville, MD 20850

Dear Records Access Officer,

This is a formal request under the Maryland Public Information Act (MPIA) to access all records related to the shooting of Duncan Socrates Lemp on March 12, 2020. As an investigative journalist, I seek these records to ensure public transparency and accountability regarding this significant incident.

Requested Records:

1. Body Camera Footage:
• All recordings from body-worn cameras of officers present at the scene on March 12, 2020.
• Legal Support: ACLU v. Alvarez, 679 F.3d 583 (7th Cir. 2012) affirms the public’s right to record public officials, supporting the disclosure of body camera footage.
2. Audio and Video Recordings:
• Any additional audio or video recordings, including dashboard camera footage and surveillance footage.
• Legal Support: Scott v. United States, 436 U.S. 128 (1978) underscores the public interest in accessing law enforcement communications and recordings for transparency.
3. Incident Reports:
• All written reports, memos, and briefing documents concerning the shooting incident.
• Legal Support: Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989) supports the disclosure of law enforcement records.
4. Operational Plans:
• Documents detailing strategies and guidelines used by law enforcement during the operation on March 12, 2020.
• Legal Support: NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214 (1978) emphasizes the public’s right to understand strategic public authority operations.
5. Communications:
• All emails, text messages, and other forms of communication among officers, between officers and superiors, and with other relevant parties regarding the incident.
• Legal Support: Judicial Watch, Inc. v. U.S. Department of Commerce, 34 F. Supp. 2d 28 (D.D.C. 1998) supports the release of communications to ensure transparency in government operations.
6. Evidence:
• Any evidence collected at the scene, including photographs, physical evidence logs, and forensic reports.
• Legal Support: Electronic Frontier Foundation v. Department of Transportation, 2015 confirms that surveillance footage and related evidence are subject to disclosure under FOIA.
7. Details of the No-Knock Warrant and Red Flag Law:
• All records, including affidavits, applications, and approvals, related to the decision to serve a no-knock warrant under the Red Flag Law prior to the incident on March 12, 2020.
• Legal Support: Giglio v. United States, 405 U.S. 150 (1972) establishes the requirement for the disclosure of exculpatory evidence and details about procedural actions taken by law enforcement.
• Legal Support: Illinois v. Gates, 462 U.S. 213 (1983) affirms the importance of transparency in the issuance of search warrants to ensure they are supported by probable cause and comply with constitutional requirements.
8. Decision-Making Process and Justification:
• Documents and communications that explain the decision-making process and justification for serving the no-knock warrant, including risk assessments and threat analyses.
• Legal Support: United States v. Leon, 468 U.S. 897 (1984) emphasizes the need for judicial oversight and transparency in warrant issuance to prevent abuses of power.
9. Training and Policies:
• Records of any training, guidelines, or policies provided to the officers involved, particularly those related to the execution of no-knock warrants and the use of force.
• Legal Support: Tennessee v. Garner, 471 U.S. 1 (1985) underscores the importance of clear policies and training regarding the use of deadly force by law enforcement.

Public Interest Justification:

The requested information is of significant public interest, particularly concerning the transparency of law enforcement activities and the use of force by police officers. Disclosure of these records will promote public understanding and facilitate informed community oversight.

Fees and Document Delivery:

I request a waiver of all fees associated with the processing of this request, as the disclosure serves the public interest significantly and enhances the understanding of government operations without any commercial benefit. I prefer to receive the documents electronically, via email or on a CD-ROM if digital transmission is not feasible.

Response Time and Legal Compliance:

As per the Maryland Public Information Act, I expect a response within the statutory timeframe. Failure to comply with this request may result in legal action to enforce the Act’s provisions. I remind you of your obligation to review this request carefully and to disclose all non-exempt portions of the requested records.

Notice of Publication:

Please be aware that all communications related to this request will be published on a public platform to ensure transparency.

Legal Action:

If necessary, I am prepared to initiate an Article 78 proceeding to compel compliance with the MPIA.

Conclusion:

Thank you for your attention to this matter. I look forward to your prompt response and the provision of the requested records in accordance with the Maryland Public Information Act.

Sincerely,

Jordan Lassiter
Investigative Journalist