GPS tracking tag launcher acquisition and use (Kootenai County Sheriff)

To Whom It May Concern:

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

1. Records regarding your agency's acquisition of StarChase or other "GPS canon" devices (vehicle-mounted or hand-held GPS tracking tag launchers), including but not limited to invoices, purchase orders, contracts, loan agreements, evaluation agreements, solicitation letters, correspondence with companies and public agencies that provide the devices, and similar documents.

2. All nondisclosure agreements with StarChase, any other corporation, or any state or federal agencies, regarding your agency's actual or potential possession or use of GPS tracking tag launchers or associated software such as AppTrac-365

3. Records regarding policies and guidelines governing use of GPS tracking tag launchers, including but not limited to 1) when, where, how, and against whom they devices may be used, 2) under what circumstances administrative warrant, judicial warrant, or other legal process must, should, or should not be obtained prior to, during, or following direct or indirect use of the devices, 4) under what circumstances the existence or use of the devices must, should, or should not be revealed to judges, prosecutors, defense attorneys, criminal defendants, or the general public., and 5) parallel construction techniques for use in avoidance of disclosure of the initial method of discovery of information gained initially by use of GPS tracking tag launchers or associated software

4. Training materials for use of GPS tracking tag launchers or associated software, including but not limited to memos, guidelines, or slideshows mentioning the technology

5. Records regarding any communications or agreements with wireless service providers (i.e., mobile phone carriers) concerning use of GPS tracking tag launchers

6. Procedures for the keeping of statistics about your agency's use of GPS tracking tag launchers

7. Records reflecting the number of investigations in which GPS tracking tag launchers were used, the number of those investigations that resulted in prosecutions, and the number of those investigations that resulted in convictions

8. 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 GPS tracking tag launchers as part of the underlying investigations

9. All applications submitted to state or federal courts for warrants, orders, or other other authorization for use of GPS tracking tag launchers, as well as any warrants, orders, authorizations, denials of warrants, denials of orders, denials of authorization, and returns of warrants associated with those applications

10. Records regarding the use of GPS tracking tag launchers in closed investigations

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

12. All associated metadata

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 3 business days, as the statute requires.

Sincerely,

Phil Mocek

Dear Ms. or Mr. Dennison:

Sincere thanks for your prompt response. I know things are difficult everywhere with adjustments that have been made due to the pandemic, and that the load on public records staff has generally outpaced staffing levels.

In your response of July 13, 2021, you indicated that you were unable to respond because the relevant record(s) is or are not known to exist, and you wrote, "We do not have a Starchase or GPS cannon at our Agency." Please note that some of the records I requested may exist even if your agency does not currently have such a device.

Can you tell my how you determined that no "loan agreements, evaluation agreements, solicitation letters, correspondence with companies and public agencies that provide the devices, and similar documents" exist? It's rather common for vendors like this to contact law enforcement agencies to generate interest in sales or to provide access to a device for a trial period. I would expect that you'd need to check with staff who handle use and acquisition of similar equipment, and possibly search email archives for related keywords and email addresses.

Cordially,
Phil Mocek

Dear Mr. or Ms. Dennison:

Sorry if I was unclear. With my message from this morning (Wednesday, July 14) I did not intend to broaden my request, only to note that your search may have been inadequate. The fact that your agency does not *have* one of these devices does not, per se, indicate that no records responsive to my request exist. In particular, loan agreements, evaluation agreements, solicitation letters, correspondence with companies and public agencies that provide the devices, and similar documents, related to the acquisition of one or more of these GPS tag launchers--even if only temporarily, for evaluation of them--may exist even if your agency does not at this time possess such a device.

Cordially,
Phil Mocek