|Submitted||July 14, 2014|
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To Whom It May Concern:
Pursuant to the California's Sunshine Amendment (Cal. Const. Art. I, § 3(b)), I hereby request the following records:
A copy of security footage gathered in regards to assault charges involving Gurbaksh Chahal. This footage was obtained by the San Francisco Police Department while investigating an assault on Aug. 5, 2013, at Chahal's home in Infinity Towers in Rincon Hill.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. 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.
In the event that fees cannot be waived, 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.
I am writing to acknowledge your request for Police Department public records, received at the Media Relations Unit via email on Tuesday July 15, 2014. See California Government Code Section 6253(c).
Your request is denied for the following reasons; 6254(F) of the Government Code protects investigatory file information. Furthermore the exemption for the investigatory files does not terminate with the conclusion of the investigation. Also, California law Penal Code section 293 protects victims in domestic violence and sex crime cases, which the victim is also in the video. The video is a home surveillance video and per California Constitution Article 1, section 1, is the right to privacy and proctects the victims identity in the video. This case was a domestic violence case, not simply an assault case.
Officer Albie Esparza #4150
Public Information Officer
San Francisco Police Department
Office of the Chief of Police
Media Relations Unit
850 Bryant Street #553
San Francisco, CA. 94103
CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws, including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.
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