Got some SDPD PRA issues

[pullnshoot25]

OK legal minds o' Calguns, I got some problems here with the good ol' SDPD.

I had an incident in June (not yet released) that I am working on filing a complaint against and I am trying to get all the records that I can about this particular incident BEFORE sending in my complaint. Here is the letter that I sent them:

*Wait 1.5 weeks or so)

I open my envelope on Monday and find that all the SDPD sent me was the incident report with only the name of the main officer at the scene listed on the report (there were 5-7 other officers there) and no audio. The letter says that I have to contact the Communications department points 1-3 and Internal Affairs for points 4-5. Now I have to make phone calls...

I called Communications and they were clueless. They said that I needed to submit a demand letter to the Custodian of Records. I then called Internal Affairs and spoke with a Detective about the names and badge number problem as well as the audio. He took my phone number down to get back to me and called me today.

Well, he didn't provide me with names or badge numbers, though he said that I could file a complaint (already written, btw) and they will investigate from there. He also said that the audio is something they don't normally give out and I have to request it (which I did) and that it is normally given out as part of evidence for an arrest (where does a pseudo-arrest/unlawful detainment fall in that spectrum?)

I then looked up Government Code Section 6252 and other associated codes and found that audio tapes of 911 calls and radio traffic are not exempt from a PRAR. So THEN (*breathe) I called back and asked to speak to the Custodian of Records. After telling the guy what happened and how I filed all my paperwork and all that jazz, I was able to talk to a supervisor. She said it is not SDPD policy to give out audio recordings unless by a subpoena, which I could file for by representing myself in court. She did, however, furnish me the names of all the officers at that scene (except the trainees, but they may get dinged for this too depending on how it all plays out)

Now, having explained all of THAT (*breathe*)... where do I go from here? Is it legal for SDPD to deny me audio records when 6252(f) so clearly states that "writing," which includes "...words, pictures, sounds..." is supposed to be viewable on demand? Any ideas/advice?

[bwiese]

PNS,
Contact Oaklander, our PRAR expert.
"Writings" does include all sortsa material.

Having the letter come from a lawyer does help
PDs/SOs are often errible about records and actively conceal material.

[pullnshoot25]

PNS,
Contact Oaklander, our PRAR expert.
"Writings" does include all sortsa material.

Having the letter come from a lawyer does help
PDs/SOs are often errible about records and actively conceal material.

Just sent a PM.

[oaklander]

PM replied to.

[bsim]

I love this place!

[M1A Rifleman]

Suggest filing a Freedom of information act request (FOIA) for public records, and use this title with the code section and penalties for not responding complely within 10-days. Remove the "demand" stuff from your request. Send the letter to the Police Chief and the City Manager and City Attorney. You also might check in with the City Attorny's office to verify what format they would like to see FOIA requests. This is not required under the law, but it may help. The FOIA request needs to request specific information (which apprears to be what you have done) and not a fishing expedition. I believe they also need to provide information as to what is not a public record.

[GuyW]

San Ysidro is a community within the City of San Diego....which is why you're dealing with SDPD...
.

[Glock22Fan]

It is this sort of run around that makes it so difficult for individuals not used to it to make any kind of headway gathering information while representing themselves.

Even Billy Jack, with twenty plus years experience, needs on occasion to use one of the TBJ attorneys to force departments to reveal information that they won't give to Billy Jack.

[tango-52]

Suggest filing a Freedom of information act request (FOIA) for public records, and use this title with the code section and penalties for not responding complely within 10-days. Remove the "demand" stuff from your request. Send the letter to the Police Chief and the City Manager and City Attorney. You also might check in with the City Attorny's office to verify what format they would like to see FOIA requests. This is not required under the law, but it may help. The FOIA request needs to request specific information (which apprears to be what you have done) and not a fishing expedition. I believe they also need to provide information as to what is not a public record.

The FOIA applies to the Federal government. In California, we have the California Public Records Act, and you file a Public Records Act Request or PRAR. There are several nice boilerplates out on the web that give you the appropriate verbiage with properly cited California code. Even with that, OCCCWS has found that when dealing with a corruptocrat like Sheriff Hutchens in Orange County, you get run-arounds and sometimes need the letterhead of an attorney to get what you want. Good luck.

[M1A Rifleman]

The FOIA applies to the Federal government. In California, we have the California Public Records Act, and you file a Public Records Act Request or PRAR. There are several nice boilerplates out on the web that give you the appropriate verbiage with properly cited California code. Even with that, OCCCWS has found that when dealing with a corruptocrat like Sheriff Hutchens in Orange County, you get run-arounds and sometimes need the letterhead of an attorney to get what you want. Good luck.

Thanks for the correction on the name of the request- you are right, however the concept of the request is the same.

An organization may choose to ignore a request on the assumption that an individual will not spend the $$ to take their inaction to court for remedy.

[Untamed1972]

An organization can ignore the request on the assumption that an individula will not spend the $$ to take their inaction to court for remedy.

Gotta love it when a law enforcement agency does everything in its power to skirt and avoid following the law.

[pullnshoot25]

Gotta love it when a law enforcement agency does everything in its power to skirt and avoid following the law.

Funny you mention that, as that is the exact reason I am even fuiling the damned complaint. Double whammy.

Got some more info that I will post later tonight.

I hate dealing with government agents.

[MAC USMC]

The law(s) state that certain types of information shall be released upon valid request. This does NOT preclude you being billed for the search efforts and for the copy-making work of department personnel. The volume of such requests can be significant and it is appropriate for costs to levied on those making the demands.

[tyrist]

Just wait for the bill when somebody has to go through and listen to the playback to find the audio.

[pullnshoot25]

You can't be charged for search AFAIK. Besides, it is a 12 buck fee. Also, I have an incident report number, a date, time, names of all the officers and the report. Even a person with an age-matched IQ can pull the records while blind with all the info I have.