LPRS
| Tracking # |
24-17031 |
| Submitted | Sept. 11, 2024 |
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Communications
From: Dhruv Mehrotra
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Subject: Public Records Request for Closed Investigative and Incident Reports
Dear Public Records Officer,
Pursuant to the California Public Records Act (Government Code Section 6250 et seq.), I am requesting the following records:
Investigative and incident reports related to a 2016 burglary case involving a man named Gary Baston, whose home in Rancho Cucamonga was burglarized. The case involved the use of license plate readers (LPRs) and security camera footage to help identify and apprehend the suspects. The vehicle was identified by a round bumper sticker, and the suspects were later caught, leading to the recovery of many of Mr. Baston’s stolen items.
All closed investigative reports from 2020 to the present that mention the use of LPRs in conjunction with bumper stickers. Specifically, I am requesting records that include the keywords "bumper sticker" and "LPR" or "License Plate Reader". I also encourage the department to consider any additional search terms that may yield responsive records based on these parameters.
Under Government Code Section 6253(b), a request is considered valid if it provides "a reasonably focused and effective description" of the records sought. I believe that the keywords I have suggested are sufficiently specific to allow the department to identify responsive records, as they pertain to the use of LPR technology in identifying vehicles by their bumper stickers.
Since these records pertain to closed investigations, they should be subject to disclosure under the California Public Records Act. The California Supreme Court has consistently upheld the presumption of disclosure for records related to closed cases, except under specific, limited exemptions, none of which apply here. Additionally, as the Sheriff’s Department has previously spoken publicly about the use of LPRs, the records are not protected under confidentiality for investigative techniques.
Please provide these records in electronic format if possible. If any portions of the records are exempt from disclosure, I request that you provide the non-exempt portions and specify the legal basis for any redactions or withholdings.
Thank you for your attention to this request. I look forward to your response within the legally mandated timeframe. If you need any further clarification, please do not hesitate to contact me
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,
Dhruv Mehrotra
From: San Bernardino County Sheriff
San Bernardino County
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Your record request #24-17031 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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A message was sent to you regarding record request #24-17031:
September 20, 2024
Dear Requester:
The San Bernardino County Sheriff’s Department (“Department”) is in receipt of your Public Records Act request.
Pursuant to Government Code section 7922.535, we will contact you in fourteen (14) days and provide you with an updated status.
Sincerely,
San Bernardino County Sheriff's Department
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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 #24-17031:
October 18, 2024
Dear Requester:
Please be advised that we are working on your request. We will contact you again on or before November 01, 2024 and provide you with an updated status.
Sincerely,
San Bernardino County Sheriff's Department
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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 #24-17031:
November 01, 2024
Dear Requester:
Please be advised that we are working on your request. We will contact you again on or before November 12, 2024 and provide you with an updated status.
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>
From: San Bernardino County Sheriff
San Bernardino County
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A message was sent to you regarding record request #24-17031:
December 13, 2024
Dhruv Mehrotra
Re: Request #24-17031
Dear Dhruv Mehrotra:
The San Bernardino County Sheriff's Department ("Department") has concluded its review of your Public Records Act request.
The type of records you have requested, if they exist, constitute records of intelligence information and/or security files compiled by the Department for correctional and law enforcement purposes. Government Code section 7923.600, subdivision (a) exempts from California Public Records Act disclosure “records of intelligence information...of...any state or local police agency, or 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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From: San Bernardino County Sheriff
San Bernardino County
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Record request #24-17031 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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<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>