Search Warrant Data (South Dakota Department of Public Safety)

LPL filed this request with the South Dakota Department of Public Safety of South Dakota.
Multi Request Search Warrant Data
Status
Rejected

Communications

From: LPL


To Whom It May Concern:

Pursuant to the South Dakota Open Records Law, I hereby request the following records:

For all search warrants, applications for search warrants, cancellations, and authorization for search warrants between 2012 to the date of processing this request, please provide the following points of record for each:

Full Name of requester
If arrest, arrest ID (eg some cities/states use, "Incident Report")
Reason(s) for search warrant (typically either hand-written, or checkboxes)
Badge ID (or similar) of requester
District/Unit
Name of Judge
Name of approving officer
Whether an Arrest happened
Requested location of search warrant
Location of search warrant execution
Type of search warrant
Statements used to justify search warrant
Time and date when search warrant was submitted for approval
Time and date when search warrant was executed
Whether anything was seized
Whether anything was found
License plate of vehicle (if relevant)
Race of person for search warrant
Age of person for search warrant
State of person for search warrant
Whether an informant was involved
Method of contact with informant leading to search warrant (eg, phone call, mail, fax, email, etc)
Description of person search warrant executed on
Legal code of violation
Description of violation
Date of violation
If search warrant related to debt: name of company debt is owed to, amount owed
Whether FBI involved
ID associated with FBI document (eg, IR #)
Whether search warrant was cancelled
Whether contraband found
Whether narcotics found

The records responsive to this request are likely available in a database, or in some query-able format. If your department or agency does not have direct access to the records, please raise to the respective department that can run queries directly (eg, through SQL).

Should your agency not have all of the requested records within a single record or document, please provide me the relevant documents that do, even if that requires more than one class of document. Should some of the records be unavailable, please let me know ahead of time so that we can narrow the request accordingly.

As the records responsive to this request are imperative for understanding how search warrants are executed, I ask that the public interest of these records be evaluated to the extent that the public's interest outweighs this request's burden. To add, this request is being sent to the largest city of every state and will be collated together to create a comprehensive map of search warrants throughout the US. As such, the records are not only important for understanding search warrants at a local level, but also at a national and state-wide level.

Please ensure that provided documents comply with Section 508, as these records will be shared with members of the public who are covered under the ADA. This guide should be helpful: https://www.hhs.gov/web/section-508/making-files-accessible/checklist/pdf/index.html

If this request was sent to the wrong department or agency, please let me know so that I can send to the correct place.

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 business days, as the statute requires.

Sincerely,

Lucy Parsons Labs

From: South Dakota Department of Public Safety

Good Morning,
I wanted to let you know that I did receive your request below. We will only be able to provide a response on behalf of the South Dakota Highway Patrol. We will be sending a response.

Thank you,

Arin Diedrich
Management Analysist
Department of Public Safety

Confidentiality Note: The information contained in this email is confidential or privileged material and is intended only for use by the individual or entity to whom it is addressed. Use or distribution of information contained in this email by any other entity not intended to receive this is strictly prohibited.

From: South Dakota Department of Public Safety

Good Afternoon,
I have attached our response to your request.

Thank you,

Arin Diedrich
Management Analysist
Department of Public Safety

Confidentiality Note: The information contained in this email is confidential or privileged material and is intended only for use by the individual or entity to whom it is addressed. Use or distribution of information contained in this email by any other entity not intended to receive this is strictly prohibited.

From: LPL

Could you clarify - is your department, specifically, not able to query for the information? This information very likely still exists in some database that your department doesn't have access to query, though the records likely still exist. Could you please check with your IT department or the contractor who provides the database in question?

My questions come from the perspective that all that's required to make records not responsive to public records requests is to put it behind a database, and would thusly go against the spirit of public records laws. To the extent that your department is capable of following the spirit of the law, I kindly ask you to look into this further, from a technical/backend perspective.

Thank you

From: South Dakota Department of Public Safety

Good Morning,
This is a response to your follow up email dated November 25, 2019.

The functionality of the South Dakota Highway Patrol’s database does not allow for mining of search warrant information by any entity. The search warrant information is not separately stored or tracked, it is a part of each investigative file within the South Dakota Highway Patrol’s system. The database was not built to store search warrant information separately; therefore, it is not possible to exclusively query search warrant information.

Please let me know if you have further questions.

Sincerely,

Arin Diedrich
Management Analysist
Department of Public Safety

Confidentiality Note: The information contained in this email is confidential or privileged material and is intended only for use by the individual or entity to whom it is addressed. Use or distribution of information contained in this email by any other entity not intended to receive this is strictly prohibited.

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