FOIA Request for Case-Related Materials
| Tracking # |
24-20465 |
| Submitted | Oct. 24, 2024 |
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Communications
From: david yupa
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
I am writing to formally request access to public records under the Freedom of Information Act (FOIA). Specifically, I am requesting any and all records and materials related to the case of
Suspect Name: Sergio Mena & Samantha V Garver
Description/Headline: Murder and Child Abuse Charges Filed Against Sugarloaf Couple for Death of One-Year-Old
Link of the Article: https://sbcountyda.org/2023/10/04/murder-and-child-abuse-charges-filed-against-sugarloaf-couple-for-death-of-one-year-old/
State: California
Law Enforcement:
included but not limited to the following:
Documents:
Incident reports
Investigation reports
Officer statements
Witness statements
Any other relevant case files
Footage:
Body camera footage from officers on the scene
Dash camera footage
Police surveillance camera footage
Private/public surveillance footage from nearby locations
Any footage collected as evidence or during the investigation
Audio:
911 calls
Police radio communications
Any other audio recordings related to the case
Visual Media:
Crime scene photographs
Surveillance stills
Photographs taken during the investigation
Court Records:
Transcripts from court hearings or proceedings
Any video/audio footage from court hearings
Court orders or any other court-related documents
Please include any and all materials, regardless of format (digital or physical), including those not listed above that are related to the case in question.
Additionally, if this request has been sent to the wrong department or agency, I would appreciate it if you could provide guidance or contact information for the correct department or agency that handles such requests.
If any part of the request is denied or redacted, please provide a detailed explanation of the specific legal exemption that applies.
Thank you for your attention to this matter. I look forward to your timely response within the period mandated by FOIA.
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,
david yupa
From: San Bernardino County Sheriff
San Bernardino County
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Your record request #24-20465 has been submitted successfully.
Dear Requester:
San Bernardino County is in receipt of your Public Records Act request. Pursuant to Government Code section 7922.535(a), the County anticipates providing you an initial response to your request within 10 days.
Should you have any questions, or if you would like to provide further information or clarification regarding your request, please reply to this email.
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From: San Bernardino County Sheriff
San Bernardino County
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Record request #24-20465 has been closed. The closure reason supplied was:
This request has been fulfilled. Please let me know if you have any questions.
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From: San Bernardino County Sheriff
San Bernardino County
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A message was sent to you regarding record request #24-20465:
October 29, 2024
David Yupa
Re: Public Records Act request #24-20465
Dear David Yupa:
The San Bernardino County Sheriff’s Department (“Department”) has concluded its review of your Public Records Act request.
The records you have requested constitute confidential investigative records. Government Code section 7923.600, subdivision (a) exempts from California Public Records Act disclosure “any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes.” These records are exempt from disclosure, even if the prospect of enforcement proceedings is not concrete and definite. (Haynie v. Superior Court (2001) 26 Cal.4th 1061,1069; Black Panther Party v. Kehoe (1974) 42 Cal.App.3d 645, 654; Younger v. Berkeley City Council (1st Dist. 1975) 45 Cal.App.3d 825, 833; American Civil Liberties Union Foundation v. Deukmejian (1982) 32 Cal.3d 440.) The records remain protected from disclosure even after an investigation has concluded.(Williams v. Superior Court (1993) 5 Cal.4th 337, 355–362.) Further, the release of such records could violate the privacy rights of involved parties and others named and/or depicted therein. The California Public Records Act recognizes that the right to privacy is a fundamental interest that the California Constitution protects. (Cal. Const., art. I, § 1; Gov. Code, §§ 7927.700 and 7927.705.)
For the reasons outlined above, your request is respectfully denied.
Sincerely,
San Bernardino County Sheriff’s Department
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at San Bernardino County.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>