Search Warrant Data (Illinois State Police)

Lucy Parsons Labs filed this request with the Illinois State Police of Illinois.
Tracking #

19-3411

Multi Request Search Warrant Data
Status
Rejected

Communications

From: Lucy Parsons Labs


To Whom It May Concern:

Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:

For all search warrants, applications for search warrants, cancellations, and authorization for search warrants between 2012 to the date of processing this request, please provide the following points of record for each:

Full Name of requester
If arrest, arrest ID (eg some cities/states use, "Incident Report")
Reason(s) for search warrant (typically either hand-written, or checkboxes)
Badge ID (or similar) of requester
District/Unit
Name of Judge
Name of approving officer
Whether an Arrest happened
Requested location of search warrant
Location of search warrant execution
Type of search warrant
Statements used to justify search warrant
Time and date when search warrant was submitted for approval
Time and date when search warrant was executed
Whether anything was seized
Whether anything was found
License plate of vehicle (if relevant)
Race of person for search warrant
Age of person for search warrant
State of person for search warrant
Whether an informant was involved
Method of contact with informant leading to search warrant (eg, phone call, mail, fax, email, etc)
Description of person search warrant executed on
Legal code of violation
Description of violation
Date of violation
If search warrant related to debt: name of company debt is owed to, amount owed
Whether FBI involved
ID associated with FBI document (eg, IR #)
Whether search warrant was cancelled
Whether contraband found
Whether narcotics found

The records responsive to this request are likely available in a database, or in some query-able format. If your department or agency does not have direct access to the records, please raise to the respective department that can run queries directly (eg, through SQL).

Should your agency not have all of the requested records within a single record or document, please provide me the relevant documents that do, even if that requires more than one class of document. Should some of the records be unavailable, please let me know ahead of time so that we can narrow the request accordingly.

As the records responsive to this request are imperative for understanding how search warrants are executed, I ask that the public interest of these records be evaluated to the extent that the public's interest outweighs this request's burden. To add, this request is being sent to the largest city of every state and will be collated together to create a comprehensive map of search warrants throughout the US. As such, the records are not only important for understanding search warrants at a local level, but also at a national and state-wide level.

Please ensure that provided documents comply with Section 508, as these records will be shared with members of the public who are covered under the ADA. This guide should be helpful: https://www.hhs.gov/web/section-508/making-files-accessible/checklist/pdf/index.html

If this request was sent to the wrong department or agency, please let me know so that I can send to the correct place.

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 5 business days, as the statute requires.

Sincerely,

Lucy Parsons Labs

From: Illinois State Police

Re: FOIR # 19-3411 Extension

Lucy Parsons Labs

The Illinois State Police acknowledges receipt of your FOIA request. (See attached request). A response to your request is due November 08, 2019. However, additional time is needed to respond to your request. In accordance with Section 3(e) of the Freedom of Information Act (5 ILCS 140/3 (e)), the response due date is being unilaterally extended to November 18, 2019. The basis for this extension is as follows:

_____ The requested records are stored in whole or in part at another location.

_____ The request requires the collection of a substantial number of records.

_____ The request is stated in categorical terms which requires an extensive search for the records requested.

__X __ The requested records have not yet been located and additional time is needed to complete the search.

__X__ The requested records require examination and evaluation to determine if the documents are exempt from disclosure and/or must be redacted.

__X__ The requested records cannot be provided within the prescribed time frame without causing an undue burden or interfering with the operation of the Department.

_____ Consultation is needed with another public body in order to respond to the request.

Note - Extending the deadline to the above-referenced date does not necessarily mean a response and/or public records will be provided to you by that date. FOIA requests are reviewed in the order in which they are received. Your patience is appreciated

Dawn M. Beckman
Illinois State Police
Legal Office/FOIA Coordinator
Dawn.Beckman@illinois.gov<mailto:Dawn.Beckman@illinois.gov>
217-782-8025

State of Illinois - CONFIDENTIALITY NOTICE: The information contained in this communication is confidential, may be attorney-client privileged or attorney work product, may constitute inside information or internal deliberative staff communication, and is intended only for the use of the addressee. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. Receipt by an unintended recipient does not waive attorney-client privilege, attorney work product privilege, or any other exemption from disclosure.

From: Illinois State Police

Lucy Parsons Labs:

The Illinois State Police ("ISP") acknowledges receipt of your request for public records pursuant to the Illinois Freedom of Information Act ("FOIA"), 5 ILCS 140/1 et seq. (See attached request).

I have attached a response to your FOIA request.
Thank you.

Porcia Sledge
Legal Office - FOIA Coordinator
Illinois State Police
801 South 7th St. 1000S
Springfield, IL 62703
217-782-2726

State of Illinois - CONFIDENTIALITY NOTICE: The information contained in this communication is confidential, may be attorney-client privileged or attorney work product, may constitute inside information or internal deliberative staff communication, and is intended only for the use of the addressee. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. Receipt by an unintended recipient does not waive attorney-client privilege, attorney work product privilege, or any other exemption from disclosure.

From: Lucy Parsons Labs

Thank you for your response.

Your response, while it indicates that burden exists, has not provided clear and convincing evidence that the records should be exempt, except in that the request could potentially take a long time to complete. This is made worse by the fact that you response does not give any actual time estimates, which I presume would fall under "convincing evidence": "All records in the custody or possession of a public body are presumed to be open to inspection or copying. Any public body that asserts that a record is exempt from disclosure has the burden of proving by clear and convincing evidence that it is exempt."

Your response also indicates that you would essentially need to combine the information from several systems in order to complete this request. If it is easier, please provide those bits of information in separate files/spreadsheets/csvs. I can join the sets of records myself. I hope that this reduces the burden significantly. Please also note that, as your agency has not done this search before, it only has a high level context into how long it would take. It is very, very often the case that these sorts of requests are dramatically easier to complete than first thought.

That all said, this request will be used to validate that search warrants are being executed in a manner that complies with the constitution in regards to our rights wrt being searched illegally. To the extent that it is well within the public's interest to understand whether our bodies of governments are complying with the constitution correctly and uniformly, this request meets the criteria that the public interest outweighs the burden on your public body. This interest is only furthered by the fact that this wide scale understanding of search warrants in the state of Illinois has not yet been done by any private organization. This interest is furthered even more by the many, many cases throughout Illinois in which a search warrant was not executed in a way that conforms with local, state, and federal law.

As the text of my original request states, this request is not a commercial request, nor is it for profit.

From: Illinois State Police

Lucy Parson Labs:

The Illinois State Police acknowledges receipt of your letter dated November 17, 2019. (See attached).

I have attached a response.

Thank you.

Porcia Sledge
Legal Office - FOIA Coordinator
Illinois State Police
801 South 7th St. 1000S
Springfield, IL 62703
217-782-2726

State of Illinois - CONFIDENTIALITY NOTICE: The information contained in this communication is confidential, may be attorney-client privileged or attorney work product, may constitute inside information or internal deliberative staff communication, and is intended only for the use of the addressee. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. Receipt by an unintended recipient does not waive attorney-client privilege, attorney work product privilege, or any other exemption from disclosure.

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