Immigration Violations (Sausalito Police Department)
| Multi Request | Immigration Violations |
| Submitted | Nov. 4, 2019 |
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Communications
From: Frank Shinneman
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Your Police policy manual section titled “Immigration Violations” (undated) states:
DETENTIONS
An officer who has a reasonable suspicion that an individual already lawfully contacted or detained has committed a criminal violation of 8 UCS § 1326(a) (unlawful reentry) that may be subject to enhancement may detain the person for a reasonable period of time to contact federal immigration officials to verify whether the United States Attorney General has granted the individual permission for reentry and whether the violation is subject to enhancement (Government Code § 7284.6).
If the officer has facts that establish probable cause to believe that a person already lawfully detained has violated 8 USC § 1326(a) and the penalty may be subject to enhancement due to prior conviction for specified aggravated felonies, he/she may arrest the individual for that offense (Government Code § 7284.6).
TRANSFERS TO IMMIGRATION AUTHORITIES
This section lists circumstances under which an individual may be transferred to immigration authorities.
I request any documents regarding individuals who have been subject to detentions or arrest by your Police Department as described in this policy during the period from January 1, 2018 to October 31, 2019. I also request any documents regarding individuals who have been transferred to or released to immigration authorities by your Police Department based on this policy during the period from January 1, 2018 to October 31, 2019.
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,
Frank Shinneman
From: Sausalito Police Department
Dear Frank,
In accordance with the California Public Records Act, Government Code Section 6250, et seq., (the "Act"), the purpose of this e-mail is to respond to the request for documents you sent to the City of Sausalito and received by us on Monday, November 04, 2009 via email. You have requested:
· "I request any documents regarding individuals who have been subject to detentions or arrest by your Police Department as described in this policy during the period from January 1, 2018 to October 31, 2019. I also request any documents regarding individuals who have been transferred to or released to immigration authorities by your Police Department based on this policy during the period from January 1, 2018 to October 31, 2019.The requested documents will be made available to the general public, and this request is not being made for commercial purposes."
The City has records in its possession which are retained in the normal course of business which may be responsive to your request. I will be in touch with you by November 14, 2019 to let you know when responsive records will be available.
I note that you have requested these documents electronically, and therefore there will not be any fees or charges associated with your request.
If you have any further questions, please feel free to contact me direct.
Sincerely,
[showimage]SERGE AVILA | ACTING CITY CLERK
City of Sausalito | Administration Department
420 Litho Street, Sausalito, CA 94965
Direct: (415) 289-4165 | Fax: (415) 289-4167
Business Hours: Monday- Friday 9am- 5:00pm
Sausalito Police Department
PRA Office
29 Caledonia St
Sausalito, CA 94965
November 4, 2019
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Your Police policy manual section titled "Immigration Violations" (undated) states:
DETENTIONS
An officer who has a reasonable suspicion that an individual already lawfully contacted or detained has committed a criminal violation of 8 UCS § 1326(a) (unlawful reentry) that may be subject to enhancement may detain the person for a reasonable period of time to contact federal immigration officials to verify whether the United States Attorney General has granted the individual permission for reentry and whether the violation is subject to enhancement (Government Code § 7284.6).
If the officer has facts that establish probable cause to believe that a person already lawfully detained has violated 8 USC § 1326(a) and the penalty may be subject to enhancement due to prior conviction for specified aggravated felonies, he/she may arrest the individual for that offense (Government Code § 7284.6).
TRANSFERS TO IMMIGRATION AUTHORITIES
This section lists circumstances under which an individual may be transferred to immigration authorities.
I request any documents regarding individuals who have been subject to detentions or arrest by your Police Department as described in this policy during the period from January 1, 2018 to October 31, 2019. I also request any documents regarding individuals who have been transferred to or released to immigration authorities by your Police Department based on this policy during the period from January 1, 2018 to October 31, 2019.
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,
Frank Shinneman
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From: Sausalito Police Department
Dear Frank,
The City of Sausalito does not have any records responsive to your Public Records Act Request. Our Immigration Violation Policy is attached.
This request is considered closed and complete.
Sincerely,
[showimage]SERGE AVILA | ACTING CITY CLERK
City of Sausalito | Administration Department
420 Litho Street, Sausalito, CA 94965
Direct: (415) 289-4165 | Fax: (415) 289-4167
Business Hours: Monday- Friday 9am- 5:00pm
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