Incident Report #2023231300734
| Tracking # |
R001694-051723 |
| Submitted | May 17, 2023 |
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Communications
From: Dhruv Mehrotra
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Incident Report #2023231300734 as well as any accompanying dispatch or 911 audio, and body camera footage
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.
Sincerely,
Dhruv Mehrotra
From: San Jose Police Department
Dear Dhruv Mehrotra:
The City is in receipt of your Public Records Act Request which you submitted on 5/17/2023. Your request was given the reference number R001694-051723 for tracking purposes. Records Requested: To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Incident Report #2023231300734 as well as any accompanying dispatch or 911 audio, and body camera footage
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.
Sincerely,
Dhruv Mehrotra
Upload documents directly: https://www.muckrock.com/
Our staff is currently searching for and collecting documents. We will notify you by 5/30/2023 of disclosable public records. We will, at that time, also inform you of the costs incurred by the City in copying the responsive documents.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Public Records Center.
City of San Jose
From: San Jose Police Department
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of May 17, 2023., Reference # R001694-051723.
Dear Dhruv Mehrotra,
The City of San Jose received a public information request from you on May 17, 2023. Your request mentioned: "To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Incident Report #2023231300734 as well as any accompanying dispatch or 911 audio, and body camera footage
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.
Sincerely,
Dhruv Mehrotra
Upload documents directly: https://www.muckrock.com/
The City of San Jose has reviewed your request and has determined that the records requested are exempt from disclosure under FOIA for the following reasons:
Pursuant to California Government Code Section 7923.600, records of police incidents are exempt from public disclosure except to certain interested parties. Based on the information provided for identification, it does not appear that entitlement has been established. As such, a copy of the records you seek cannot be released to you by this department. However, a public records summary of this event shall be provided to you shortly.
Sincerely,
OSSD Inbox
Police - Operational Support Services Division
From: Dhruv Mehrotra
Hello, please give me a call back at your earliest convenience: 805-338-3408. I am a reporter at WIRED looking for Incident Report #2023231300734 as well as any accompanying dispatch or 911 audio, and body camera footage. This request was denied under California Government Code Section 7923.600, however I don't understand why the incident report cannot be released in part. I'd like to resolve this without a formal appeal if possible.
Dhruv
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on May 17, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #R001694-051723.
Thanks for your help, and let me know if further clarification is needed.
From: San Jose Police Department
--- Please respond above this line ---
Hello Dhruv,
Your request was forwarded to the Research and Development Unit for review. The chain of correspondence with the Operational Support Services Division (OSSD) and the details of the event were reviewed.
The requested records are considered records of investigation and are exempt from public disclosure pursuant to California Government Code 7923.600(a). California Government Code 7923.605(a), (formerly referred to as Government Code 6254(f)) details to whom records of investigation can be provided.
(a) Notwithstanding Section 7923.600, a state or local law enforcement agency shall 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, as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless the disclosure would endanger either of the following:
(1) The safety of a witness or other person involved in the investigation.
(2) The successful completion of the investigation or a related investigation.
The referenced event #23-130-0734 is an open investigation and investigator approval is required for the synopsis. I will provide an update on August 31, 2023. Thank you for your patience.
Respectfully,
Jane Nguyen
Analyst
Research and Development Unit
San Jose Police Department
From: San Jose Police Department
--- Please respond above this line ---
Hello Dhruv Mehrotra,
We have not received a response regarding the synopsis. I will provide an update on September 21, 2023.
Respectfully,
Jane Nguyen
Analyst
Research and Development Unit
San Jose Police Department
From: San Jose Police Department
--- Please respond above this line ---
Hello Dhruv Mehrotra,
I have not received an update regarding the synopsis. I will provide an update on October 12, 2023.
Respectfully,
Jane Nguyen
Analyst
Research and Development Unit
San Jose Police Department
From: San Jose Police Department
--- Please respond above this line ---
Hello Dhruv Mehrotra,
I have followed up with the Operations Support Services Division regarding the investigator approval. I will provide an update on November 2, 2023.
Respectfully,
Jane Nguyen
Analyst
Research and Development Unit
San Jose Police Department
From: San Jose Police Department
--- Please respond above this line ---
Good Afternoon,
I have followed up with the Operations Support Services Division again on this request. Once I receive a response, I will provide an update.
Respectfully,
Jane Nguyen
Analyst
Research and Development Unit
San Jose Police Department
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on May 17, 2023. You had previously indicated that it would be completed on Nov. 2, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #R001694-051723.
Thanks for your help, and let me know if further clarification is needed.
From: San Jose Police Department
--- Please respond above this line ---
Hello Dhruv Mehrotra,
As previously mentioned, I have attempted to follow up with the Operations Support Services Division on multiple occasions regarding the synopsis. I have reached out to the supervisor regarding this request and am awaiting a response.
Respectfully,
Jane Nguyen
Analyst
Research and Development Unit
San Jose Police Department
From: San Jose Police Department
--- Please respond above this line ---
Good Afternoon,
Thanks for your patience. Please refer to the attachments for a synopsis provided by the Operations Support Services Division, regarding Event #23-130-0734. The following exemption was applied to the record:
* Information redacted is being withheld pursuant to Government Code 7922.000, as the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.
Respectfully,
Jane Nguyen
Analyst
Research and Development Unit
San Jose Police Department
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