Body Camera Footage and Communications During 28 Sep 2022 Contact at Apple Campus on E Arques Ave

Sunnyvale Department of Public Safety
Attention: Public Safety Records Manager

Subject: Freedom of Information Act Request for Body Camera Footage and Related Communications

Dear Public Safety Records Manager,

Pursuant to Penal Code section 832.7(b)(1)(A)-(C) and the California Public Records Act (Government Code section 7921, et seq., or the “CPRA”), I am requesting records pertaining to the law enforcement activities by the Sunnyvale Police Department during a call that took place on 28 September 2022 at or around 11:00AM until 2:00PM Pacific Time, located at Apple, Inc. Campus "Arques" which is physically located at 1050 E Arques Ave, Sunnyvale, CA 94085. Please note that the actual call's address may have had a slightly different street address, such as 1020 through 900, but all street addresses in this block of numbers are mostly assigned to the cluster of Apple Campuses directly adjacent to the cross streets of Santa Trinta Ave and E Arques Ave. The call was relating to a "Trespasser", "Unwanted Individual" or similar situation - the exact classification of which is not immediately known at this time.

Requested Records:
--- Digital Documents:
- Body Camera Footage: Complete recordings from body-worn cameras of all officers involved from the start to the end of their deployment at the scene at the Apple Campus.
- Body Camera Footage: Recordings of approximately 10 to 15 minutes prior to engaging the suspect, while officers were staging across the street in parking lots at UnionBank and/or BOSCH.
- Radio Transmissions: All audio recordings and transcripts of radio communications involving law enforcement personnel leading to, and during the deployment of officers to the scene.
- Radio Transmissions: Follow-up radio communications or chatter.
- Telephone Transmissions: 911 Call Audio or Non-Emergency Call Audio placed by Apple Security or otherwise which lead to this encounter.
- Text Communications: All SMS and instant messages sent to and from officers concerning the enforcement activities during this encounter.
- Aerial Footage: All video recordings from helicopters, drones, or any other unmanned aerial vehicles (UAVs) used during this encounter (if any).
- 3rd Party Telemetry: Any & All Apple Communication(s) including telemetry delivered either by warrant, subpoena, or offered without request from Apple, Inc. including "FindMyFriends" and/or map tracking data (if any).

--- Physical Documents:
- Operational Plans: Documents detailing the strategies and guidelines used for managing the "suspect" or "person of interest" being engaged.
- Incident Reports and Briefings: All written reports, memos, and briefing documents pertaining to the law enforcement activities during the protest.
- Any other police reports or supporting materials for this caper, case, or other terminology that refers to this encounter and/or engagement.

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 governmental operations.
Legal support: Electronic Frontier Foundation v. Department of Transportation, 2015 (finding that aerial surveillance footage is subject to disclosure under FOIA to allow public analysis of governmental surveillance practices).
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 for public scrutiny.
Legal support: NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214 (1978) demonstrates the public's right to understand the strategic operations of public authorities.
Legal Precedents and Public Interest Justification:

The requested information is of significant public interest, particularly concerning government operations made at the behest of private corporations like Apple. The release of these records will be used to study and better understand the ways in which these actions came to materialize.

Fees and Document Delivery:

Please inform me of any potential fees associated with the processing of this request. I request a waiver of all fees as this will NOT be used for commercial purposes, but rather to understand a very unique situation that unfolded that day.
I prefer to receive the documents electronically, via email or on a CD-ROM if electronic transfer is impractical.

Response Time and Contact:
I anticipate your response within the statutory timeframe prescribed by law. Should you require any clarification or have questions regarding this request, please do not hesitate to contact me at the provided phone number or email address.

Thank you for your attention and cooperation. I look forward to your prompt and thorough handling of this request, as dictated by applicable laws and regulations.
Sincerely,

HTP

Hello Phuong,

No, I did not re-send this request to any other emails or groups, as I expected the holiday season would likely encounter some small delays. Since this request is not time-sensitive I opted to just wait for your return.

Thanks
HTP