PRR DA Minors
| Submitted | Jan. 15, 2023 |
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Communications
From: Maxine Doogan
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Please See Enclosed PDF for this request
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,
Maxine Doogan
From: Santa Clara County Office of the District Attorney
Dear Ms. Doogan,
I write on behalf of the County of Santa Clara’s Office of the District Attorney (“DA’s Office”) in response to your California Public Records Act (CPRA) request, received on January 17, 2023. Your CPRA request sought “[d]ocuments sufficient to identify the Superior Court Docket Number for any criminal matter handled by the DA’s Office in which a defendant was arrested for, or charged with, a violation of California Penal Code §§ Code 266(h) and or 266(i) and or 236.1 between January 1, 2020 and February 28, 2022 where there the minor was a victim.” For each of those criminal matters, you also sought copies of charging documents, as well as affidavits of probable cause, criminal referral documents from the investigating agency, or other documents which include a case narrative.
The records that you request are exempt from disclosure under the CPRA as protected criminal offender record information, and the right to privacy under the California Constitution and Penal Code prohibits releasing the information that you are requesting. See Cal. Const. art. I, § 1; Gov. Code § 7927.705; Penal Code §§ 13102, 13201, 13300, 13303, 13304, 13305. Further, as the DA’s Office does not regularly maintain records of arrests, some of the information you seek is not tracked at all or in a reasonably accessible data format, and therefore compiling this data would require a hand count in which the DA’s Office would need to locate, open, and examine individual cases. The CPRA does not require the DA’s Office to conduct such an individual, case-by-case examination, nor to create a record that does not exist. See Gov. Code § 7920.530; Haynie v. Superior Court (2001) 26 Cal.4th 1061, 1075; Sander v. Superior Court (2018) 26 Cal.App.5th 651, 665-667.
This concludes the DA’s Office response to your request.
Regards,
Shana
[cid:image001.png@01D92B4C.88601F50]
Shana Heller | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5949
Pronouns: she/her/hers
shana.heller@cco.sccgov.org<mailto:shana.heller@cco.sccgov.org> | counsel.sccgov.org<https://counsel.sccgov.org/>
NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.
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image001
From: Maxine Doogan
Thanks so much,
Just to clarify, I'm requesting case numbers for Penal Code sections 266h(b)(1), 266h(b)(2), 266i(b)(1), 266i(b)(2), 236.1(c)(1) & 236.1(c)(2) for the time period of 1/1/202 through 2/28/2022. I'm not looking for identifying information about the victims.
Maxine Doogan
415-265-3302
From: Santa Clara County Office of the District Attorney
Dear Ms. Doogan,
Thank you for your email and your clarification that you are not looking for identifying information about victims. Nevertheless, the records you requested are exempt from disclosure under the CPRA as protected criminal offender record information, and the right to privacy under the California Constitution and Penal Code prohibits releasing the information that you requested. See Cal. Const. art. I, § 1; Gov. Code § 7927.705; Penal Code §§ 13102, 13201, 13300, 13303, 13304, 13305.
Regards,
Shana
[cid:image001.png@01D936F7.7F39B290]
Shana Heller | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5949
Pronouns: she/her/hers
shana.heller@cco.sccgov.org<mailto:shana.heller@cco.sccgov.org> | counsel.sccgov.org<https://counsel.sccgov.org/>
NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.
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