Search Warrant Data (Massachusetts State Police)
| Tracking # |
spr192321 |
| Multi Request | Search Warrant Data |
| Submitted | Nov. 1, 2019 |
| Est. Completion | None |
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Communications
From: LPL
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, 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.
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.
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, as the statute requires.
Sincerely,
Lucy Parsons Labs
From: Massachusetts State Police
Dear Ms. Labs:
The Massachusetts State Police received your request seeking 2012-2019 data regarding search warrants and search warrant executions. The request itself, as you know, seeks specific information for 32 subcategories. See attached request.
I have done some preliminary research on your request. The Department does not maintain a database specifically listing this array of data. Based upon my preliminary research and given the broad scope of the request, attempting to gather this type of data would be a mammoth, time consuming, and costly, if not cost prohibitive, task.
I am asking if we can discuss this to attempt to narrow or limit the request.
Thank you. Sean
Sean W. Farrell
Deputy Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel:(508) 820-2153
From: Massachusetts State Police
Dear Ms. Labs, I am asking if you could contact me to discuss your request seeking search warrant data and information. Thank you.
Sean W. Farrell
Deputy Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel:(508) 820-2153
From: Massachusetts State Police
Dear Ms. Labs, I am asking if you could contact me to discuss your request seeking search warrant data and information. Thank you.
Sean W. Farrell
Deputy Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel:(508) 820-2153
From: Massachusetts State Police
November 15, 2019
Rebecca Murray, Esq.
Supervisor of Public Records
Secretary of State's Office
One Ashburton Place
Boston, MA 02108
RE: Submission of Fee Petition
Dear Supervisor Murray:
Attached hereto please find the Department of State Police's Fee Petition relative to a public records request submitted by Ms. Lucy Labs (MuckRock). The Department hereby incorporates the attached herein by this reference.
Respectfully,
Sean W. Farrell
Deputy Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel:(508) 820-2153
From: Massachusetts State Police
November 15, 2019
Ms. Lucy Parson Labs
MuckRock News
DEPT MR 68723
411A Highland Avenue
Somerville, MA 02144-2516
RE: PUBLIC RECORDS REQUEST
Dear Ms. Labs:
The Massachusetts Department of State Police ("Department") has received your public records request received November 1, 2019 seeking data on all search warrants executed by the Massachusetts State Police between 2012 and the present. You have, regarding each search warrant, request the following information:
1. Full Name of requester.
2. If arrest, arrest ID (e.g. some cities/states use, "Incident Report")
3. Reason(s) for search warrant (typically either hand- written, or checkboxes)
4. Badge ID (or similar) of requester
5. District/Unit
6. Name of Judge
7. Name of approving officer
8. Whether an Arrest happened
9. Requested location of search warrant
10. Location of search warrant execution
11. Type of search warrant
12. Statements used to justify search warrant
13. Time and date when search warrant was submitted for approval
14. Time and date when search warrant was executed
15. Whether anything was seized
16. Whether anything was found
17. License plate of vehicle (if relevant)
18. Race of person for search warrant
19. Age of person for search warrant
20. State of person for search warrant
21. Whether an informant was involved
22. Method of contact with informant leading to search warrant (eg, phone call, mail, fax, email, etc.)
23. Description of person search warrant executed on
24. Legal code of violation
25. Description of violation
26. Date of violation
27. If search warrant related to debt: name of company debt is owed to, amount owed
28. Whether FBI involved
29. ID associated with FBI document (e.g.,IR #)
30. Whether search warrant was cancelled
31. Whether narcotics found"
Please note that I made attempts to contact you to discuss your request, but I received no responses from you.
At the onset, the Department's records systems (RAMS) and (ACISS) do not maintain a search warrant database concisely listing the (31) sub-categories of information you seek regarding every executed search warrant from 2012-present. The requested data is not maintained in any structured manner which can be easily queried. In addition, the Department does not currently have a search warrant application form in its case management system as there is no requirement or policy requiring that every search warrant be entered into the ACISS or RAMS system. Any applications within the current system (ACISS) would be a scanned attachment. Given the forgoing, the Department would have to search both its RAMS and ASICC systems for cases and/or files over an eight (8) year period to determine what, if any, data or information responsive to your request exists. In other words, the Department would be required to electrically search all identified case files in order to identify (1) cases involving execution of search warrants and (2) whether any data responsive to your request is contained in the file.
In an effort to determine the number of reports and/or files the Department would have to review, the Department conducted a preliminary search of the ACISS system and determined that over 160,000 files would have to be reviewed within the Department's ACISS system alone. A preliminary RAMS search was also conducted which yielded approximately (1417) entries relating to search warrants. As such, the Department would have to manually review every single entry in the RAMS system in order to identify those cases in which the term "search warrant" was referenced. The Department would then be required to research, pull and review that case to identify whether any responsive data is contained in that file.
The Massachusetts State Police is a law enforcement agency with various missions ranging from public safety and criminal justice to homeland security and emergency preparedness. Given the nature of the search warrants and affidavits submitted in support of the search warrants, information within these case files involve highly sensitive law enforcement information. Undoubtedly, the files would contain witness/complainant identity information, criminal offender record information ("CORI"), private and personal information, dates of birth/social security numbers, investigative techniques, and/or whether a case is impounded or an open prosecution (f). These categories of information are specifically exempt pursuant to G.L. c. 4, ยง 7, cl. 26 (a), (c), and (f), and are not subject to public disclosure. Accordingly, the information must be segregated and redacted from before any documents are produced to a third party such as the requestor.
As a state agency with the responsibility for maintaining extensive confidential information, the Massachusetts State Police has an obligation to ensure proper procedures are maintained to prevent the dissemination of information which is protected from disclosure by law. Fulfilling such an obligation requires a careful review and segregation of records intended for disclosure. As you are no doubt familiar, segregation and redaction of numerous State Police records relating to search warrants involves the application of multiple exemptions to the public records law to these types of records. Some information is simultaneously protected by more than one exemption or different exemptions depending on context or the time of disclosure. The fee estimates provided are for the segregation and redaction process as a whole, and in the view of the Department, cannot be split up by exemption. Since the segregation and redaction process is required by law, the Department is entitled to charge a fee for the cost of production and does not view this petition as a necessary prerequisite to charging a fee to the requestor and has communicated its fee estimate to the requestor separately.
Having to research, review and gather this voluminous amount of information will be extremely costly, time-consuming, and very burdensome. As you know, the Department may, pursuant to 950 CMR 32.07, assess a fee to individuals whose request would impose a significant cost on public agencies. The fees assessment is imposed to defray the cost of researching, gathering, and reviewing a request for Department documents.
Based upon these figures, the estimates, in good faith, that it would expend approximately (6) minutes per file/entry to review each RAMS and ACISS files. Accordingly, the Department estimates in good faith that it would, in total, expend approximately (6) minutes per file in order to properly research, review and redact records responsive to this request, if any, from each of the 160,000 plus entries/files. This results, in a good faith cost estimate, of $403,425 (161,417 entries/files x 6 mins. = 16,141hrs. minus 4 gratis hours = 16,137 hrs. x 25 per hour = $403,425).
This estimate represents an actual and good faith representation. The cost is necessary, reasonable and is not designed to limit, deter, or prevent access to requested public records. I attempted to contact you about the request, but I received no response.
The Department has filed, in an abundance of caution, a fee petition with the Supervisor of Public Records.
Upon receipt of a check in the above reference amount the Department will commence a search of the requested information. Be aware that given the amount of information being requested, the Department cannot project a time table as to when the Department can complete this research.
Your attention to this matter is greatly appreciated.
Sincerely,
Sean W. Farrell
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel:(508) 820-2153
From: LPL
I am confused by the below statement, and would like some clarification. In the first sentence, you indicate that you were able to search RAMS for cases where search warrants were relevant, but in the second you mention that you don't have the ability to search. It appears that your agency *does* have the ability to search, but there's some limitation that I'm not privy to:
"A preliminary RAMS search was also conducted which yielded approximately (1417) entries relating to search warrants. As such, the Department would have to manually review every single entry in the RAMS system in order to identify those cases in which the term "search warrant" was referenced.
Your response also indicates that you have no method of extracting all 31 fields together. That is not necessarily what this request is seeking. I am seeking as much information as possible, to the extent that it would not cause extreme burden or fees to your agency, or LPL. Should some of the fields be impossible to retrieve in a way that's compliant with the law (and its obligations or lack thereof), then I will accept that reduced set of records. That said, I humbly ask that a bit of cleverness be used here to either find where records exist that contain this information, or to extract that information. For example, if there is a system that is used for approval/liaison chains of search warrants, then those might used for the extraction of case IDs where a search warrant is associated. That sort of methodology could dramatically save time and effort, and ought to be within the bounds of a reasonable search - at least, in spirit.
Please understand that most requests I receive with these asinine cost estimates (regardless of good faith) can often be *dramatically* reduced by using features of an application that aren't shown in training, or through features that can only be accessed with certain levels of access. The application developers of both systems, or your agency's IT teams might have more information, as they should be more familiar with how to query information from a backend source. An example of where they might help would be to provide information that comes from audit tables, which a frontend application might not show to any users.
Should it be necessary to reduce the date ranges of this request, I am open to doing so, but I would like to ensure that all reasonable methods are exhausted before going that route.
Please reach out to me at 312.721.7448 so that we can discuss further.
From: Massachusetts State Police
A fix is required to perfect the request.
From: Massachusetts State Police
Hello,
Please be aware, the Supervisor of Records has issued a determination relating to a petition in which you were involved. This determination is attached, and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx.
If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>.
Thank you,
Jack Robertson
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
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