Newark PD "lost phone pinging" technology and use

Patrick O'Doherty filed this request with the Newark Police Department of Newark, CA.
Est. Completion None
No Responsive Documents


From: Patrick O'Doherty

To Whom It May Concern:

Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:

Any and all documentation relating to 'lost cell phone pinging' mechanism mentioned in the Newark PD blotter dated April 22nd written by Cmdr Mike Carroll. Requested documentation includes, but is not limited to:

1. Policies and training documents relating to the use of any "last cell phone pinging" technology.
2. Documentation as to the working of any such phone tracking technology.
3. Communications both internally and between Newark PD and cell companies (Verizon, AT&T etc...) pertaining to the use of this location technology.
4. 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 such phone tracking technology
5. All applications submitted to state or federal courts for warrants, orders, or other other authorization for use of phone tracking technology 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
6. Records regarding the use of phone tracking technology in closed investigations
7. Date and docket number of any responsive records that are sealed

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 calendar days, as the statute requires.


Patrick O'Doherty


Dear Mr. O'Doherty:

Your California Public Records Act Request submitted to the Newark Police Department on May 25, 2017, has been forwarded to my attention for response. You requested a number of records related to "lost cell phone pinging" technology.

As to requests 1 and 2, the Police Department has advised that they have no policies, training documents, nor other documentation as to the working of or use of "lost cell phone pinging" technology.

The records for the remainder of your request are exempt from disclosure for the following reasons:

First, to the extent that you request seeks "[r]ecords of complaints to, or investigations conducted by, or records of intelligence information or security procedures . . . or any investigatory or security files," such law enforcement records are statutorily exempt from disclosure. (See Cal. Gov. Code § 6254(f).)

Second, to the extent the request seeks documents and records that are unreasonably difficult to locate, the City is not obligated to locate a "needle in a haystack," or produce a "huge volume" of material. (See Cal. First Amend. Coalition v. Superior Court (1998) 67 Cal.App.4th 159.)


Sheila Harrington

City Clerk


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