IMSI Catchers (North Carolina State Bureau of Investigation)

To Whom It May Concern:

Pursuant to the North Carolina Public Records Law, I hereby request the following records:

1. All records pertaining to the use of International Mobile Subscriber Identity (IMSI) catcher devices and software, including Goldsboro police, and\or Wayne County Sheriff reports, procedural guidelines, manuals and purchase orders.

2. WE\I also request any and all January 01, 2009 to December 15, 2020 sent and\or received by the North Carolina Department of Justice electronic mail (e-mail) including or referencing the terms "International Mobile Subscriber Identity" "IMSI" "Cell Site Simulator" "Sting Ray" or "DRT Box"; and,

3. Any and all eMails to and\from NCDOJ and Goldsboro Police Department and\or Wayne County Sheriff office referencing the terms "informants" and\or "target" and\or "Edwards"

Thanks

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 business days.

Sincerely,

SADAN News

Greetings. Pursuant to your statement, in the "most pertinent part":
"If there is case specific information concerning a particular target, including but not limited to "Edwards" we would not be able to provide that information without a court order as the criminal investigative files of the SBI are records of criminal investigations and exempted from public records per North Carolina General Statute 132-1.4."

However, under North Carolina General Statute 132-1.4. further states that:

"Records of criminal investigations conducted by public law enforcement agencies or records of criminal intelligence information may be released by order of a court of competent jurisdiction.

(c) Notwithstanding the provisions of this section, and (**unless otherwise prohibited by law**), the following information shall be public records within the meaning of G.S. 132-1.

(1) The time, date, location, and nature of a violation or apparent violation of the law reported to a public law enforcement agency. (2) The name, sex, age, address, employment, and alleged violation of law of a person arrested, charged, or indicted. (3) The circumstances surrounding an arrest, including the time and place of the arrest, whether the arrest involved resistance, possession or use of weapons, or pursuit, and a description of any items seized in connection with the arrest." (4) The contents of "911" and other emergency telephone calls received by or on behalf of public law enforcement agencies, except for such contents that reveal the natural voice, name, address, telephone number, or other information that may identify the caller, victim, or witness. In order to protect the identity of the complaining witness, the contents of "911" and other emergency telephone calls may be released pursuant to this section in the form of a written transcript or altered voice reproduction; provided that the original shall be provided under process to be used as evidence in any relevant civil or criminal proceeding. (5) The contents of communications between or among employees of public law enforcement agencies that are broadcast over the public airways. (6) The name, sex, age, and address of a complaining witness.

(d) A public law enforcement agency shall temporarily withhold the name or address of a complaining witness if release of the information is reasonably likely to pose a threat to the mental health, physical health, or personal safety of the complaining witness or materially compromise a continuing or future criminal investigation or criminal intelligence operation. Information temporarily withheld under this subsection shall be made available for release to the public in accordance with G.S. 132-6 as soon as the circumstances that justify withholding it cease to exist. Any person denied access to information withheld under this subsection may apply to a court of competent jurisdiction for an order compelling disclosure of the information. In such action, the court shall balance the interests of the public in disclosure against the interests of the law enforcement agency and the alleged victim in withholding the information. Actions brought pursuant to this subsection shall be set down for immediate hearing, and subsequent proceedings in such actions shall be accorded priority by the trial and appellate courts.

(e) If a public law enforcement agency believes that release of information that is a public record under subdivisions (c)(1) through (c)(5) of this section will jeopardize the right of the State to prosecute a defendant or the right of a defendant to receive a fair trial or will undermine an ongoing or future investigation, it may seek an order from a court of competent jurisdiction to prevent disclosure of the information. In such action the law enforcement agency shall have the burden of showing by a preponderance of the evidence that disclosure of the information in question will jeopardize the right of the State to prosecute a defendant or the right of a defendant to receive a fair trial or will undermine an ongoing or future investigation. Actions brought pursuant to this subsection shall be set down for immediate hearing, and subsequent proceedings in such actions shall be accorded priority by the trial and appellate courts.

(f) Nothing in this section shall be construed as authorizing any public law enforcement agency to prohibit or prevent another public agency having custody of a public record from permitting the inspection, examination, or copying of such public record in compliance with G.S. 132-6. The use of a public record in connection with a criminal investigation or the gathering of criminal intelligence shall not affect its status as a public record.

=====

***** WHERE SBI incorrect EXEMPT status, our Public Request Information is valid, and the "target" information can be provided as matter of law. If we are of the wrong impression given above statute elements please advised for "immediate" Appeal and\or Court Order.*****

Thanks