Incident/Arrest/Detention Records For Andre Dimitri Hurst

Taylor S. Amarel filed this request with the Carlsbad, CA Police Department of Carlsbad, CA.
Status
Completed

Communications

From: Taylor S. Amarel

To Whom It May Concern:

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

On March 11, 2016 - Andre Dimitri Hurst was arrested in the 800 block of Naptune Avenue in Encinitas. According to Carsbad Police Lt. Chris Boyd - Hurst was captured as he drove past his hime while police were investigating. This is supported by the newspaper published online here: https://issuu.com/lajollalight2010/docs/encinitas_advocate_03.18.16

I wish to obtain all nonexempt records relating to:

1.) The arrest of Hurst (such as any incident report logs, charging information, arrival, custody, processing, transportation, etc);
2.) The holding of Hurst (location, number of hours, charge, etc);
3.) The release of Hurst (bail information, bond, officer in charge, release time, conditions of release, case number, etc);
4.) Any other releasable information concerning Hurst's arrest, suspected activities, or his involvement in the EB-5 immigration program.

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,

Taylor S. Amarel

From: Carlsbad, CA Police Department

Dear Taylor,
The incident you are inquiring about happened in Encinitas so you will need to contact the San Diego Sheriff, as they oversee that jurisdiction. Carlsbad Police does not have any information pertaining to your request.

Thank you,

Paula Crewse
Senior Projects Manager
Carlsbad Police Department
760-931-2159 / 760-929-0243 fax / paula.crewse@carlsbadca.gov

[email logo]

From: Taylor S. Amarel

Thank you, I will submit another request to them.

However, I would like clarification. As reported, Carlsbad Police Lt. Chris Boyd, specifically commented on this case and the arrest of Andre Dimitri Hurst. If the Carlsbad police has not records on this case, why was Lt. Chris Boyd in a position to make a comment. According to the news days after the arrest Lt. Chris Boyd routinely made statements showing the investment of Carlsbad police.

Can you clarify if the Carlsbad police had any records that were subsequently transferred or destroyed? To avoid any doubt, I wish to modify my request to include the Carlsbad police full incident/response/action log for March 11, 2016.

Thank you very much for your assistance.

Best,
Taylor Scott Amarel

From: Taylor S. Amarel

Thank you very much for your responsee and assistance, I look forward to receiving the documents. Have a great weekend!

From: Carlsbad, CA Police Department

Dear Mr. Amarel,
Per California Govt. Code 6254(f), complaints to, investigations conducted by, or records compiled by local law enforcement (e.g. police reports) are not public records and therefore, are not disclosable or releasable to members of the public. Therefore, we are not able to disclose to you any of the records that you have requested.

Arrest information is maintained for thirty (30) days and is available for inspection by the public in the Police Department lobby. After thirty (30 days the records are considered historical and are not subject to disclosure under California Govt. Code 6254(f) and County of Los Angeles v. Superior Court (Kusar)(1993) 18Cal.App.4th588.

Paula Crewse
Senior Projects Manager
Carlsbad Police Department
760-931-2159 / 760-929-0243 fax / paula.crewse@carlsbadca.gov

[email logo]

From: Taylor S. Amarel

To whom this may concern,

I would like to appeal and or seek limited disclosure of documents that I have requested because evidence would suggest that using a blanket exemption for all of the records that I requested is not correct. Furthermore, I have been informed by the San Diego Police Department that you have these records in your possession.

Specifically:

1.) Criminal Investigations. Government Code Section 6254(f) exempts from disclosure “[r]ecords of complaints to, or investigations conducted by, or records of intelligence information or security procedures of” law enforcement agencies, although specified information from arrest records and police reports is disclosable.

In this instance, I have requested "specific" information and therefore, am entitled to a response. At a very minimum, what specific records exist and why they are exempt, if they are truly exempt from disclosure.

2.) Although (Penal Code §§ 11075, 11105, 11105.1) provide some mechanisms for exemption of records, it is specifically stated that ", but information in the 'police blotter' (time and circumstances of calls to police; name and details of arrests, warrants, charges, hearing dates, etc.) must be disclosed unless disclosure would endanger an investigation or the life of an investigator."

3.) Page 19 here http://www.sealbeachca.gov/Portals/0/Documents/Final%20-%202017%20Public%20Records%20Act%20Handbook.PDF?ver=2017-05-02-171859-720- , further clarifies that basic information must be released upon request. Specifically, it states:

"In most cases, agencies are required to disclose to the public77 the full name, current address and occupation of every person arrested by the agency, including a general physical description, along with the date and time of arrest."

4.) Page 20 in the above document states: "In addition, local agencies are required to disclose to the public the time, substance and general location of all complaints and requests for assistance, and the time and nature of the agency’s response."

5.) On page 84, even more supporting statements are made: "Notwithstanding any other provision of this subdivision, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation: (1) The full name and occupation of every individual arrested by the agency, the individual’s physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds."

All in all, there are numerous instances where both statute, case law, and police rules / regulations require disclosure. Could you please forward this request/appeal to your general counsel for review. These records are of vital importance to the public.

Thank you,
Taylor Scott Amarel

From: Carlsbad, CA Police Department

A copy of documents responsive to the request.

From: Taylor S. Amarel

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Taylor S. Amarel

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