Fusion Center MOUs, MOAs and NDAs (Durham Police Dept)

SADAN News filed this request with the Durham Police Department of Durham, NC .
Multi Request Fusion Center MOUs, MOAs and NDAs
Est. Completion None
Status
Fix Required

Communications

From: SADAN News


To Whom It May Concern:

Pursuant to the North Carolina Public Records Law, I hereby request the following records:

1. Copies of Memorandums of Understanding (MOUs), Memorandums of Agreement (MOAs), Non-Disclosure Agreements (NDAs) and other coordination, cooperation, or other resource and\or information "sharing" arrangements with federal, state or local agencies, specifically including but not limited to: a) Durham Police Dept; b) Goldsboro Police Dept; and c) United Nations "officials" and "Nigeria Police foreign ,law enforcement and\or "FOREIGN AGENCIES."

2. Search for and provide LIST copy of "any and all" public and\or private, and\or commercial businesses "participating members" in the government sponsored program NC Information Sharing And Analysis Center and\or FUSION Center; and

3. Search for and provide LIST copy of "any and all" public and\or private, and\or commercial businesses "participating members" in the government sponsored program NC Information Sharing And Analysis Center and\or FUSION Center; and

4. Provide list of "named" Federal and\or State Agencies occupying NC Raleigh FUSION CENTER, and\or ISAAC. For example: FBI, or DHS, or ATF, Durham Police, and\or "Nigeria Police staff",

5. Search and provided copies of "any and all emails" "TO\FROM" FUSION CENTER and\or ISAAC Center provided "eMails" addresses for the a) SEARCH TERM = Nigeria; and\or Nigeria Police, and Ahmed Umar; and b) INFRAGARD - [ individual search TERM may be realized ]

NOTE A: Where LIMIT the scope of this request to "documents, artifacts and things" generated between January 1, 2008 and the date of the processing of this request. If the most recent agreements (whether active or inactive) predate January 1, 2008, then I request a copy of the most recently applicable document.

We\I am independent member of the public news media and request classification as such. We\I have previously written and shared information regarding foreign government, local government and its activities, nationally reaching diverse readers in outlets such as Scrib, AJ network news, MuckRock, among others. Here, we\I then have a reasonable expectation of publication editorial and writings to nationally shared and information subject-matter well sought after by reader established. In addition, information and comment on the files online and make them available through non-profits such as the library Internet Archive and the journalist non-profit MuckRock, disseminating them to a large audience. While research is not limited, a great deal focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.

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 business days.

Sincerely,

SADAN News

From: Durham Police Department

To whom it may concern,
This records request has been received and we will begin reviewing it. Please note due to the Holiday there may be a longer delay in response.
Regards,

Lieutenant J. E. Werner
Public Affairs Unit
Durham Police Department, City of Durham
602 East Main St. Durham NC 27701
919 560-4322 Ext 29196
Jacquelynn.Werner@durhamnc.gov<mailto:Jacquelynn.Werner@durhamnc.gov>

Under the provisions of G. S. 132-1.4 & 160A-168, the information contained herein may be confidential and not a public record, and is intended only for the use of the individual or entity named above. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or reproduction of this communication is not permitted. If you have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify me immediately. Your cooperation will be appreciated.

From: Durham Police Department

To Whom It May Concern,

The NC Information Sharing And Analysis Center and\or FUSION Center is operated by the North Carolina State Bureau of Investigation and not the Durham Police Department. They would be the custodian of any record relative to your request. Further clarification is needed in order for us to comply with this specific request for information.

Regards,

Lieutenant J. E. Werner
Public Affairs Unit
Durham Police Department, City of Durham
602 East Main St. Durham NC 27701
919 560-4322 Ext 29196
Jacquelynn.Werner@durhamnc.gov<mailto:Jacquelynn.Werner@durhamnc.gov>
Under the provisions of G. S. 132-1.4 & 160A-168, the information contained herein may be confidential and not a public record, and is intended only for the use of the individual or entity named above. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or reproduction of this communication is not permitted. If you have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify me immediately. Your cooperation will be appreciated.

From: SADAN News

Thank you. We understand the Source of Record (SOR) and operational management of the SBI for FUSION Center, ISAAC etc... However, Durham Police "signed onto" participation, use, supporting information feeding centers and training therein. While Durham Police Dept, correctly states SBI operates North Carolina Information Sharing and Analysis Center FUSION Centers, however we are seeking the Durham police department "related documents", after agreeing to actively participate in FUSION Centers, ISAAC or surveillance operations.

We appreciate the heads up, and still seek the Durham Police Depts version of these documents, "along with" any training Durham police officers, management may have had between inception North Carolina Information Sharing and Analysis Center , ISAAC to date December 22, 2020.

Also, if available, we like the "sum total, or approx number persons" Durham police has submitted into the the system.

From: Durham Police Department

To Whom It May Concern,
This clarified request has been received. We will respond as soon as possible.
Regards,

Lieutenant J. E. Werner
Public Affairs Unit
Durham Police Department, City of Durham
602 East Main St. Durham NC 27701
919 560-4322 Ext 29196
Jacquelynn.Werner@durhamnc.gov<mailto:Jacquelynn.Werner@durhamnc.gov>

Under the provisions of G. S. 132-1.4 & 160A-168, the information contained herein may be confidential and not a public record, and is intended only for the use of the individual or entity named above. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or reproduction of this communication is not permitted. If you have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify me immediately. Your cooperation will be appreciated.

From: Durham Police Department

We have conducted a search of our files and have been unable to locate any records responsive to your request. We have several Memorandums of Understanding with neighboring agencies however, there are no agreements with the agencies/entities you listed as examples in your request.

Captain David M. Anthony
Executive Officer to the Chief of Police
Durham Police Department
602 E. Main St.
Durham, NC 27701
Office: 919.560.4322, ext. 29367
david.anthony@durhamnc.gov<mailto:david.anthony@durhamnc.gov>
www.durhampolice.com<http://www.durhampolice.com/>

[cid:image001.jpg@01CE3A7E.175A0970]<http://www.durhamnc.gov/>[28182_592375094106088_687501491_n.jpg]<http://www.durhampolice.com/>

Under the provisions of G. S. 132-1.4 & 160A-168, the information contained herein may be confidential and not a public record, and is intended only for the use of the individual or entity named above. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or reproduction of this communication is not permitted. If you have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify me immediately. Your cooperation will be appreciated.

From: Durham Police Department

We have conducted a search of our files and have been unable to locate any records responsive to your request. We have several Memorandums of Understanding with neighboring agencies however, there are no agreements with the agencies/entities you listed as examples in your request.

Captain David M. Anthony
Executive Officer to the Chief of Police
Durham Police Department
602 E. Main St.
Durham, NC 27701
Office: 919.560.4322, ext. 29367
david.anthony@durhamnc.gov<mailto:david.anthony@durhamnc.gov>
www.durhampolice.com<http://www.durhampolice.com/>

[cid:image001.jpg@01CE3A7E.175A0970]<http://www.durhamnc.gov/>[28182_592375094106088_687501491_n.jpg]<http://www.durhampolice.com/>

Under the provisions of G. S. 132-1.4 & 160A-168, the information contained herein may be confidential and not a public record, and is intended only for the use of the individual or entity named above. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or reproduction of this communication is not permitted. If you have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify me immediately. Your cooperation will be appreciated.

From: SADAN News

Many thanks Captain Anthony, and Lieutenant Werner, so much for your public assistance help with this request! I really appreciate it.

We will consider this Request CLOSED

Sincerely,
SADAN News

From: SADAN News

We have revised request to specific search for 2008-2020:

1. Copy of any and all wiretaps, pin register, trap-trace for "target" named Jerome Howell, and\or
2. Copy of any and all wiretaps, pin register, trap-trace for "target" number 702-503-9048 BoostMobile cell-phone. Please included if any recorded information, sms-text or otherwise collected information,
3. Copy of any and all AT&T subscriber internet interception, and\or monitored AT&T residential home internet service at 3011 Glendale Ave, Durham, NC. This includes all forms of data, metadata, emails, sms-text that may been collected.

From: SADAN News

CORRECTION:

MORE SPECIFIC to the information provided "this morning" Jan 2021 from Durham police. To start search from 01/01/2007 vs 2008. ---- We apologize in advance, but these request relates to child-abuse, physical-injuries, and the attempted murder that resulted to conceal Durham criminal acts, activity and underlying federal and state offenses.

We have revised request to specific search for January 01, 2007 to December 31, 2020:

1. Copy of any and all wiretaps, pin register, trap-trace for "target" named Jerome Howell, and\or
2. Copy of any and all wiretaps, pin register, trap-trace for "target" number 702-503-9048 BoostMobile cell-phone. Please included if any recorded information, sms-text or otherwise collected information,
3. Copy of any and all AT&T subscriber internet interception, and\or monitored AT&T residential home internet service at 3011 Glendale Ave, Durham, NC. This includes all forms of data, metadata, emails, sms-text that may been collected.

From: Durham Police Department

The records you have requested would, to the extent any such records exist, constitute records of a criminal investigation and/or intelligence records, and not public records, pursuant to NCGS 132-1.4.

Captain David M. Anthony
Executive Officer to the Chief of Police
Durham Police Department
602 E. Main St.
Durham, NC 27701
Office: 919.560.4322, ext. 29367
david.anthony@durhamnc.gov<mailto:david.anthony@durhamnc.gov>
www.durhampolice.com<http://www.durhampolice.com/>

[City of Durham_Program Logos and Logo Lockups Seperate_PMS-33 - email]<https://durhamnc.gov/149/Police-Department>[Police Chiefs: Gun Control Is Everyone's Job - The Truth About Guns]<https://www.policeforum.org/smip>[Trilogy Scholarship - FBI-LEEDA]<https://fbileeda.org/>

Follow DPD on social media by clicking the icons below.

[Free Facebook Icon Transparent Background, Download Free Clip Art, Free Clip Art on Clipart Library]<https://www.facebook.com/TheDurhamPolice> [Twitter logo icon Royalty Free Vector Image - VectorStock] <https://twitter.com/TheDurhamPolice> [Instagram Logo transparent PNG - StickPNG] <https://www.instagram.com/thedurhampolice/>

Under the provisions of G. S. 132-1.4 & 160A-168, the information contained herein may be confidential and not a public record, and is intended only for the use of the individual or entity named above. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or reproduction of this communication is not permitted. If you have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify me immediately. Your cooperation will be appreciated.

From: SADAN News

Greetings:
We received your exemption clam under NCGS 134 which in this Public Request is applicable, unpersuasive given there is "no active investigation" for that "period time covered" in this request. Also, call you attention to provisions under the same NCGS134 1.-----(d) A public law enforcement agency shall temporarily withhold the name or address of a complaining witness [the "Howell's collectively father\son] if release of the information is reasonably likely to pose a threat to the mental health, physical health, or personal safety of the complaining witness or materially compromise a continuing or future criminal investigation or criminal intelligence operation. Information temporarily withheld under this subsection shall be made available for release to the public in accordance with G.S. 132-6 as soon as the circumstances that justify withholding it cease to exist. [emphasis strongly added]. Also see --- NCGS 132.1 (f) Nothing in this section shall be construed as authorizing any public law enforcement agency to prohibit or prevent another public agency having custody of a public record from permitting the inspection, examination, or copying of such public record in compliance with G.S. 132-6. The use of a public record in connection with a criminal investigation or the gathering of criminal intelligence shall not affect its status as a public record.

Again, there's no investigation during our request time period, or has long past. As result, please search, providing Responsive Records.

Thanks

From: Durham Police Department

Again, to the extent the records you have requested even exist, any such records would constitute a record of a criminal investigation and/or criminal intelligence records, and not public records, pursuant to NCGS 132-1.4. North Carolina statutory law does not distinguish, as you have, between active or inactive and closed investigations, a point already considered and recognized by our state court of appeals.

Captain David M. Anthony
Executive Officer to the Chief of Police
Durham Police Department
602 E. Main St.
Durham, NC 27701
Office: 919.560.4322, ext. 29367
david.anthony@durhamnc.gov<mailto:david.anthony@durhamnc.gov>
www.durhampolice.com<http://www.durhampolice.com/>

[City of Durham_Program Logos and Logo Lockups Seperate_PMS-33 - email]<https://durhamnc.gov/149/Police-Department>[Police Chiefs: Gun Control Is Everyone's Job - The Truth About Guns]<https://www.policeforum.org/smip>[Trilogy Scholarship - FBI-LEEDA]<https://fbileeda.org/>

Follow DPD on social media by clicking the icons below.

[Free Facebook Icon Transparent Background, Download Free Clip Art, Free Clip Art on Clipart Library]<https://www.facebook.com/TheDurhamPolice> [Twitter logo icon Royalty Free Vector Image - VectorStock] <https://twitter.com/TheDurhamPolice> [Instagram Logo transparent PNG - StickPNG] <https://www.instagram.com/thedurhampolice/>

Under the provisions of G. S. 132-1.4 & 160A-168, the information contained herein may be confidential and not a public record, and is intended only for the use of the individual or entity named above. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or reproduction of this communication is not permitted. If you have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify me immediately. Your cooperation will be appreciated.

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