SJPD incident reports July 30
| Submitted | Aug. 11, 2014 |
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Communications
From: Shawn Musgrave
To Whom It May Concern:
Pursuant to the California's Sunshine Amendment (Cal. Const. Art. I, § 3(b)), I hereby request the following records:
-All incident, dispatch log entries and arrest reports for case number 142110135
-All dispatch log entries, incident reports or arrest reports for actions taken at the following addresses on July 30 and 31, 2014:
-1442 Sierra Ave
-203 Benbow Ave
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.
Sincerely,
Shawn Musgrave
From: Becker, Tamara
The City has received your request for public records. I checked the SJPD crimereports.com site but did not readily notice any events at the listed locations. I have forwarded the request to the police Records Manager and R&D for research.
Tamara Becker
Office of the City Manager
Open Government Manager
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 11, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: Becker, Tamara
I was in contact with the PD yesterday. They were still processing the request. I suspect you will be getting the information later today or tomorrow.
Tamara Becker
Open Government Manager
From: Cooksey, Yolando
Hello Shawn Musgrave,
I apologize for the delay however we are in receipt of your request for the following information:
* All incident, dispatch log entries and arrest reports for case number 14-211-0135.
* All dispatch log entries, incident reports or arrest reports for actions taken at the following addresses on July 30 and 31, 2014:
* 1442 Sierra Ave
* 203 Benbow Av
Pursuant to Government Code 6254(f), the information you requested in not releasable under Public Records Act or the California Sunshine Amendment (Cal. Const. Art 1 & 3(b)). These records would have to be obtained via a subpoena submitted to the SJPD Custodian of Records, and a subpoena compliance fee of $15.00 made payable to the City of San Jose.
6254(f) GC Section:
6254.
Except as provided in Sections 6254.7 and 6254.13, this chapter does not require the disclosure of any of the following records:
(a) Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure.
(b) Records pertaining to pending litigation to which the public agency is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810), until the pending litigation or claim has been finally adjudicated or otherwise settled.
(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.
(d) Contained in or related to any of the following:
(1) Applications filed with any state agency responsible for the regulation or supervision of the issuance of securities or of financial institutions, including, but not limited to, banks, savings and loan associations, industrial loan companies, credit unions, and insurance companies.
(2) Examination, operating, or condition reports prepared by, on behalf of, or for the use of, any state agency referred to in paragraph (1).
(3) Preliminary drafts, notes, or interagency or intra-agency communications prepared by, on behalf of, or for the use of, any state agency referred to in paragraph (1).
(4) Information received in confidence by any state agency referred to in paragraph (1).
(e) Geological and geophysical data, plant production data, and similar information relating to utility systems development, or market or crop reports, that are obtained in confidence from any person.
(f) Records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. However, state and local law enforcement agencies 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 the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, nothing in this division shall require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer.
We are able to provide a Calls for Service and Reported Incidents for the locations you provided however there is a fee of $95.00 per hour. Please advise how you would like to proceed.
Thanks,
Yolando Cooksey 737N
Sr. Police Data Specialist
Operations Support Services Division
Bureau of Technical Services
San Jose Police Department
(408) 537-1056 or (408) 277-4141
From: Becker, Tamara
I have asked the Police Department to take another look at this. At the very least you should be able to receive a synopsis of incidents at the addresses indicated and access to the arrest log.
I will follow up with them.
Tamara Becker
Open Government Manager
From: Cooksey, Yolando
?Hello Mr. Musgrave,
We have completed your PRA request resulting in synopsis for two San Jose PD events. We are also sending you the Arrest Log for a 90 day period for your review.
If you have any further questions, please do not hesitate to contact us.
Thanks,
Yolando Cooksey 737N
Sr. Police Data Specialist
Operations Support Services Division
Bureau of Technical Services
San Jose Police Department
(408) 537-1056 or (408) 277-4141
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