Erie County StingRay Records Round 2

Robert Galbraith filed this request with the Erie County Sheriff's Office of Erie County, NY.
Status
Awaiting Acknowledgement

Communications

From: Robert Galbraith

Dear Chief Greenan:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933) and subsequent to the ruling in New York Civil Liberties Union v. Erie County Sheriff's Office, No. 2014/000206 (N.Y. Sup. Ct. March 17, 2015) (Nemoyer, J.), I hereby resubmit my request for the following records:

1. Records reflecting a list of all criminal cases, with docket numbers if available, in which law enforcement officers or other staff used or arranged for the use of one or more cell site simulators as part of the underlying investigations.

2. 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.

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

4. Any and all communications or requests from other law enforcement agencies for use of cell site simulators in an investigation, including but not limited to requests from: United States Marshals Service, Federal Bureau of Investigation, Buffalo Police Department, New York State Police, New York State Parks Police, Monroe County Sheriff's Office, Village of East Rochester Police Department, Jamestown Police Department, Hamburg Police Department, Niagara County Sheriff's Office, Evans Police Department, Eden Police Department, Cheektowaga Police Department, Chautauqua County Sheriff's Office, Cattaraugus County Sheriff's Office, and Allegany State Park Police.

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

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.

As last time I submitted a request to your agency, I was charged fees for photocopying records that I later learned were available in electronic form and provided via email to another requester, I respectfully request that you exercise all due care in ascertaining whether electronic copies of records exist in this case. In any regard I ask that you waive any fees involved with fulfilling my request.

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

From: Robert Galbraith

Dear Chief Greenan:

I am writing to follow up on my Freedom of Information request from April 9, 2015. My request is a resubmission of a request your office fulfilled in part, prior to the ruling in New York Civil Liberties Union v. Erie County Sheriff's Office, No. 2014/000206 (N.Y. Sup. Ct. March 17, 2015) (Nemoyer, J.).

As I have not received any acknowledgement of my request from your office in the past 5 business days, if I do not receive such acknowledgement I will be forced to appeal my request if I do not hear back by the close of business today.

Thank you for your assistance in this matter; I look forward to hearing from you shortly.

Sincerely,

Robert Galbraith

From: Robert Galbraith

To Whom It May Concern:

This is an appeal of a constructive denial of a Freedom of Information Law request that I made on April 9, 2015.

On April 9, I requested:

1. Records reflecting a list of all criminal cases, with docket numbers if available, in which law enforcement officers or other staff used or arranged for the use of one or more cell site simulators as part of the underlying investigations.

2. 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.

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

4. Any and all communications or requests from other law enforcement agencies for use of cell site simulators in an investigation, including but not limited to requests from: United States Marshals Service, Federal Bureau of Investigation, Buffalo Police Department, New York State Police, New York State Parks Police, Monroe County Sheriff's Office, Village of East Rochester Police Department, Jamestown Police Department, Hamburg Police Department, Niagara County Sheriff's Office, Evans Police Department, Eden Police Department, Cheektowaga Police Department, Chautauqua County Sheriff's Office, Cattaraugus County Sheriff's Office, and Allegany State Park Police.

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

The Erie County Sheriff's Office has already released some of these records in response to other parties' requests and to satisfy the judgment in New York Civil Liberties Union v. Erie County Sheriff's Office, No. 2014/000206 (N.Y. Sup. Ct. March 17, 2015) (Nemoyer, J.).

More than five business days have passed since the receipt of the request without having received a response. Consequently, I consider the request to have been denied, and I am appealing on that basis.

As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.

In addition, please be advised that the Freedom of Information Law directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, New York 12231.

Thank you for your assistance in this matter; I look forward to hearing from you shortly.

Sincerely,

Robert Galbraith

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