Untitled

Dhruv Mehrotra filed this request with the San Bernardino County Sheriff of San Bernardino County, CA.
Tracking #

24-10758
Submitted June 12, 2024
Due June 22, 2024
Est. Completion None
Status
Awaiting Response

From: Dhruv Mehrotra

Subject: California Public Records Act Request: Untitled

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To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

According to the departments cell site simulator policy every use of a cell site simulator is logged in a cell site simulator log. Among other data recorded in the log is the date the CSS was used, the location, and whether an outside agency requested it. I am looking for the log of CSS uses or disaggregated data showing the number of times the agency used its CSS.

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

Subject: Your San Bernardino County public records request #24-10758 has been opened.

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San Bernardino County

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Your record request #24-10758 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

Subject: Your San Bernardino County public records request #24-10758 has been closed.

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San Bernardino County

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Record request #24-10758 has been closed. The closure reason supplied was:

NOTICE RE: EXEMPT RECORDS — INVESTIGATIVE RECORDS

Thank you for making a request for records from the San Bernardino County Sheriff’s Department (Department).

The San Bernardino County Sheriff’s Department (“Department”) has concluded its review of the Public Records Act request, wherein you seek: “the log of CSS uses or disaggregated data showing the number of times the agency used its CSS.” 

 

Department records indicate that, year to date, a cell site simulator has been deployed 208 times.

 

Please be advised that the cell site simulator log contains confidential and investigative information. This material is exempt from disclosure. 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. 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.)

If you believe this determination is in error, or if you have further information that you wish to provide to us regarding your request, kindly re-submit your request either in person at any Sheriff’s Department station, through our online portal: https://sanbernardinocounty.nextrequest.com/. Please note that, in addition to visiting one of the Department’s stations to make an in-person request for records, you are also welcome to use the portal or email for any future records requests you may have.

You may also wish to review the Department’s Records Request Guidelines (CPRA) and/or the Department’s California Public Records Act FAQs information on our website at: https://wp.sbcounty.gov/sheriff/divisions/information-services/.

Again, thank you for making a request for records from the San Bernardino County Sheriff’s Department.

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From: Dhruv Mehrotra

Subject: RE: California Public Records Act Request #24-10758

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Hi,

Thanks so much for your help with this request and the quick response. Just a clarification. Is that the number of times a CSS was used in 2024 until todays date, or is it the number used since such a device was purchased

Sincerely,
Dhruv Mehrotra