Use and policies for controlled equipment acquired through the 1033 program (Butte County Sheriff)

John Lindsay-Poland filed this request with the Butte County Sheriff of Butte County, CA.
Multi Request Use and policies for controlled equipment acquired through the 1033 program


From: John Lindsay-Poland

To Whom It May Concern:

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

Records of your agency related to the deployment and use of controlled equipment obtained through the 1033 Program of the Department of Defense, as set forth below.

According to records posted by the Defense Logistics Agency (, your agency acquired controlled equipment through the 1033 program, as reflected in the attached spreadsheet, including firearms.

I. Requests for Records
Records Request No. 1: All Documents constituting, reflecting, relating to or that contain current use policies if any for each type of 1033-program controlled equipment, including situations or circumstances in which use is authorized or prohibited.

Records Request No. 2: Records that list the dates, locations, suspected offense(s) or rationale for operation, controlled equipment deployed, arrests, and uses of force for each deployment of 1033-program controlled equipment since July 1st, 2019, specifically: armored vehicles such as Mine-Resistant Ambush Protected (MRAPs) vehicles, firearms, and night vision equipment.

Records Request No. 3: All records of complaints regarding the use and impact of 1033-program controlled equipment, including correspondence, visual or audio-visual materials, and responses to complaints.

Records Request No. 4: Documents that constitute, reflect, relate to or that contain rationales or criteria for acquisition of 1033-program controlled equipment, prior to its acquisition.

II. Response Time
Please provide requested documents as they become available.

Please respond to this request in ten (10) days, either by providing the requested information or providing a written response setting forth the specific legal authority on which you rely in failing to disclose each requested record, or by specifying a date in the near future to respond to the request. See Cal. Gov’t Code § 6255. Pursuant to section 6253, please disclose all reasonably segregable non-exempt information from any portions of records you claim are exempt from disclosure.

To assist with the prompt release of responsive material, we ask that you make records available to us as you locate them, rather than waiting until all responsive records have been collected and copied.

The American Friends Service Committee seeks this information as the requestor to promote and provide public access to these documents and increase civic engagement. Because this request is made on behalf of a nonprofit public interest organization, with the intent to make this material easily accessible to the public, we request that you waive any fees. In responding to this request, please keep in mind that Article 1, § 3(b)(2) of the California Constitution expressly requires you to broadly construe all provisions that further the public’s right of access, and to apply any limitations on access as narrowly as possible.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

If you would like to discuss these requests, please feel free to reach out to me by telephone at 510-282-8983.

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.


John Lindsay-Poland

From: Butte County Sheriff

Please see attached.

Beverly Tauchman
Senior Legal Secretary
Butte County Counsel
25 County Center Drive, Suite 210
Oroville, CA 95965-3380
Phone (530) 552-4070
Fax (530) 538-6891<>

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From: Butte County Sheriff

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From: Butte County Sheriff

Mr. Lindsay-Poland:

Please see the attached two responsive documents regarding your
record request to the Butte County Sheriff dated August 20. The
redactions of license plate numbers were made pursuant to
Government Code section 6254(c) (Personal information) and the
remainder of the incident report is exempt from disclosure
pursuant to section 6254(f) (Criminal investigations) and section
6255 because the public interest in the nondisclolure of such
information clearly outweighs the public interest in disclosure.

Roger Wilson

The following files are attached to this message:

- Incident Report - Page One.pdf (664 KB), Checksum: a8246ea7624b7cce88d807bca022e5303f5d5b23028d31488d9b9bee0d232e65

- Letter to LaMalfa.pdf (142 KB), Checksum: 62b633267fda07c6af2572d0080108995e114737786d186456118d1c678ceed2

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The attachments are available until: Tuesday, 14 September

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From: Butte County Sheriff

Mr. Lindsay-Poland:

Yes, the Sheriff's Office did conduct a search for responsive documents and all responsive documents were provided. And yes, the Sheriff's Office does not have any use policies regarding the equipment noted nor any complaints regarding the equipment.

Roger Wilson
County Counsel's Office