SFPD documents re: Bryan Carmody raid

Shawn Musgrave filed this request with the San Francisco Police Department of San Francisco, CA.
Tracking #

P007737-051419

Status
Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

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

All search warrant applications (including affidavits), search warrant returns, after-action reports, incident reports, and all other documents concerning the raid on Bryan Carmody's home.

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.

Sincerely,

Shawn Musgrave

From: San Francisco Police Department

Dear Shawn Musgrave:
Thank you for your interest in public records of the San Francisco Police Department ("SFPD").
The San Francisco Police Department ("SFPD") received your request, dated May 14, 2019 and given the reference number P007737-051419 for tracking purposes.
Record(s) Requested: To Whom It May Concern:Pursuant to the California Public Records Act, I hereby request the following records:All search warrant applications (including affidavits), search warrant returns, after-action reports, incident reports, and all other documents concerning the raid on Bryan Carmody's home.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.Sincerely,Shawn MusgraveUpload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAIhlTo97b9_LHR4GSfxVrJz9g%3A1hQlLm%3A07WM1Dmg6ZkpFXptnfQVE0xwGBQ&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fsan-francisco-police-department-367%252Fsfpd-documents-re-bryan-carmody-raid-73168%252F%253F

Your request is being forwarded to the appropriate department(s) for processing and you will be notified once the request is complete.

From: San Francisco Police Department

--- Please respond above this line ---

May 15, 2019 Via email requests@muckrock.com
Shawn Musgrave
MuckRock News, DEPT MR 73168 411A Highland Ave
Somerville, MA 02144
RE: Public Records Request, dated May 14, 2019, Reference # P007737-051419
Dear Shawn Musgrave:
The San Francisco Police Department (SFPD) received your Public Records Act request, dated May 14, 2019, on May 15, 2019.
You requested, " To Whom It May Concern:"

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

All search warrant applications (including affidavits), search warrant returns, after-action reports, incident reports, and all other documents concerning the raid on Bryan Carmody's home.

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.

Sincerely,

Shawn Musgrave

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAIhlTo97b9_LHR4GSfxVrJz9g%3A1hQlLm%3A07WM1Dmg6ZkpFXptnfQVE0xwGBQ&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fsan-francisco-police-department-367%252Fsfpd-documents-re-bryan-carmody-raid-73168%252F%253F

Generally, SFPD declines to release records to an open investigation under California Government Code Section 6254(f), which exempts from disclosure records of complaints to, investigations conducted by, intelligence information or security procedures of, and investigatory or security files compiled by local police agencies. As such, we are unable to provide you with the information you seek, as disclosure of information may endanger successful completion of the investigation.

All documents related to the search warrant are under seal and cannot be released.
Thank you for your attention.
Sincerely,
Sergeant Michael Andraychak
Officer in Charge
Media Relations

This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.

From: Shawn Musgrave

Dear Sgt. Andraychak:

Thank you for your response.

I do not believe your response addresses my request in full or in accordance with your department's obligations under California Government Code Section 6254(f).

First, as you'll see in my request, I seek documents beyond those that might be sealed along with the warrants. Furthermore, certain documents related to the search warrants are presumably not sealed since they were not filed with the court.

Furthermore, you have failed to provide information your department must release pursuant to Section 6254(f), which requires, in pertinent parts:

- That law enforcement agencies "disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss [....] However, this subdivision does not require the disclosure of that portion of those investigative files that reflect the analysis or conclusions of the investigating officer.

- That ;aw enforcement agencies "make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation:

"(1) The full name and occupation of every individual arrested by the agency, the individual's physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds.

(2) (A) Subject to the restrictions imposed by Section 841.5 of the Penal Code, the time, substance, and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date, and location of occurrence, the time and date of the report, the name and age of the victim, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property, or weapons involved."

Please review your department's response in light of the above.

Respectfully,
Shawn Musgrave

From: San Francisco Police Department

--- Please respond above this line ---

June 05, 2019 Via email requests@muckrock.com
Shawn Musgrave
MuckRock News, DEPT MR 73168 411A Highland Ave
Somerville, MA 02144
RE: Public Records Request, dated May 14, 2019, Reference # P007737-051419
Dear Shawn Musgrave:
The San Francisco Police Department (SFPD) received your Public Records Act request, dated May 14, 2019, on June 05, 2019.
You requested, " To Whom It May Concern:"

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

All search warrant applications (including affidavits), search warrant returns, after-action reports, incident reports, and all other documents concerning the raid on Bryan Carmody's home.

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.

Sincerely,

Shawn Musgrave

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAIhlTo97b9_LHR4GSfxVrJz9g%3A1hQlLm%3A07WM1Dmg6ZkpFXptnfQVE0xwGBQ&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fsan-francisco-police-department-367%252Fsfpd-documents-re-bryan-carmody-raid-73168%252F%253F
In addition to the search warrants, affidavits being under seal, there remains active and open investigations concerning this matter. Generally, SFPD declines to release records to an open investigation under California Government Code Section 6254(f), which exempts from disclosure records of complaints to, investigations conducted by, intelligence information or security procedures of, and investigatory or security files compiled by local police agencies. As such, we are unable to provide you with the information you seek, as disclosure of information may endanger successful completion of the investigation.
I have uploaded the Department's news releases concerning this matter.

Thank you for your attention.
Sincerely,
Sergeant Michael Andraychak
Officer in Charge
Media Relations

  • 19-06620SFPD20Chief20Scott20Statement20on20Adachi20Report20Investigation201.pdf

  • 19-05920SFPD20Statement20on20Adachi20Report20Criminal20Investigation.pdf

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  • 19-05920SFPD20Statement20on20Adachi20Report20Criminal20Investigation.pdf

  • 19-06620SFPD20Chief20Scott20Statement20on20Adachi20Report20Investigation201.pdf