Erie County Cellular Tracking Requests (BPD)

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

1. Any and all records of requests made by the Buffalo Police Department to the Erie County Sheriff's Office for assistance using cell site simulators, including but not limited to investigations on: November 22, 2010; March 2, 2012; July 18, 2012; October 5, 2012; November 29, 2012; February 26, 2013; September 29, 2013; September 8, 2014; and October 3, 2014.

2. Any and all records reflecting the number of investigations in which cell site simulators were used, the number of those investigations that resulted in prosecutions, and the number of those investigations that resulted in convictions.

3. Any and all applications submitted to state or federal courts for warrants, orders, or other authorization (including pen register court orders) for use of cell site simulators in criminal investigations, as well as any warrants, orders, authorizations, denials of warrants, denials of orders, denials of authorization, and returns of warrants associated with those applications.

4. Any and all records regarding the use of cell site simulators in closed investigations.

5. Date and docket number of any responsive records that are sealed.

6. All associated metadata.

The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not being made for commercial usage.

In the event that fees cannot be waived, 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 5 business days, as the statute requires.

Sincerely,

Robert Galbraith

Captain Antonio:

Thank you for your prompt response, though I was hoping you could clarify it for me. You first say that BPD has no records on file of requests made to the Erie County Sheriff's Office for assistance using cell site simulators, or, indeed, any records pertaining to such simulators.

Then, you suggest that I contact the Sheriff's Office and resubmit my request "if able to provide a date and particular case pertaining to the use of a cell site simulator."

In my original request, I specifically referenced nine such cases (November 22, 2010; March 2, 2012; July 18, 2012; October 5, 2012; November 29, 2012; February 26, 2013; September 29, 2013; September 8, 2014; and October 3, 2014) when records released by the Sheriff's Office indicate that cell site simulators were used at the request of the Buffalo Police Department.

Are you saying that BPD has no records of making any request to the Sheriff's Office in those or any other cases? And that BPD has no records of any application for a warrant, pen register order, or any other court order to use cell site simulators in any investigation?

If this is the case, can you tell me who maintains such records?

Thank you again for your assistance.

Sincerely,

Robert Galbraith