GPS tracking tag launcher acquisition and use (Spokane Police Department)
| Tracking # |
C000890-071321 |
| Multi Request | GPS tracking tag launcher acquisition and use |
| Submitted | July 13, 2021 |
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Communications
From: Phil Mocek
To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
1. Records regarding your agency's acquisition of StarChase or other "GPS canon" devices (vehicle-mounted or hand-held GPS tracking tag launchers), including but not limited to invoices, purchase orders, contracts, loan agreements, evaluation agreements, solicitation letters, correspondence with companies and public agencies that provide the devices, and similar documents.
2. All nondisclosure agreements with StarChase, any other corporation, or any state or federal agencies, regarding your agency's actual or potential possession or use of GPS tracking tag launchers or associated software such as AppTrac-365
3. Records regarding policies and guidelines governing use of GPS tracking tag launchers, including but not limited to 1) when, where, how, and against whom they devices may be used, 2) under what circumstances administrative warrant, judicial warrant, or other legal process must, should, or should not be obtained prior to, during, or following direct or indirect use of the devices, 4) under what circumstances the existence or use of the devices must, should, or should not be revealed to judges, prosecutors, defense attorneys, criminal defendants, or the general public., and 5) parallel construction techniques for use in avoidance of disclosure of the initial method of discovery of information gained initially by use of GPS tracking tag launchers or associated software
4. Training materials for use of GPS tracking tag launchers or associated software, including but not limited to memos, guidelines, or slideshows mentioning the technology
5. Records regarding any communications or agreements with wireless service providers (i.e., mobile phone carriers) concerning use of GPS tracking tag launchers
6. Procedures for the keeping of statistics about your agency's use of GPS tracking tag launchers
7. Records reflecting the number of investigations in which GPS tracking tag launchers were used, the number of those investigations that resulted in prosecutions, and the number of those investigations that resulted in convictions
8. Records reflecting a list of all criminal cases, with docket numbers if available, in which law enforcement officers or other staff used or arranged for the use of one or more GPS tracking tag launchers as part of the underlying investigations
9. All applications submitted to state or federal courts for warrants, orders, or other other authorization for use of GPS tracking tag launchers, as well as any warrants, orders, authorizations, denials of warrants, denials of orders, denials of authorization, and returns of warrants associated with those applications
10. Records regarding the use of GPS tracking tag launchers in closed investigations
11. Date and docket number of any responsive records that are sealed
12. All associated metadata
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 5 business days, as the statute requires.
Sincerely,
Phil Mocek
From: Spokane Police Department
--- Please respond above this line ---
If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal
In accordance with the Public Records Act (PRA), RCW 42.56.520, this message acknowledges receipt of your PRA request, received by the City of Spokane on July 13, 2021. This request has been assigned tracking number C000890-071321. Please use this number in any communications concerning this request.
Specifically, you requested: Pursuant to the Washington Public Records Act, I hereby request the following records:
1. Records regarding your agency's acquisition of StarChase or other "GPS canon" devices (vehicle-mounted or hand-held GPS tracking tag launchers), including but not limited to invoices, purchase orders, contracts, loan agreements, evaluation agreements, solicitation letters, correspondence with companies and public agencies that provide the devices, and similar documents.
2. All nondisclosure agreements with StarChase, any other corporation, or any state or federal agencies, regarding your agency's actual or potential possession or use of GPS tracking tag launchers or associated software such as AppTrac-365
3. Records regarding policies and guidelines governing use of GPS tracking tag launchers, including but not limited to 1) when, where, how, and against whom they devices may be used, 2) under what circumstances administrative warrant, judicial warrant, or other legal process must, should, or should not be obtained prior to, during, or following direct or indirect use of the devices, 4) under what circumstances the existence or use of the devices must, should, or should not be revealed to judges, prosecutors, defense attorneys, criminal defendants, or the general public., and 5) parallel construction techniques for use in avoidance of disclosure of the initial method of discovery of information gained initially by use of GPS tracking tag launchers or associated software
4. Training materials for use of GPS tracking tag launchers or associated software, including but not limited to memos, guidelines, or slideshows mentioning the technology
5. Records regarding any communications or agreements with wireless service providers (i.e., mobile phone carriers) concerning use of GPS tracking tag launchers
6. Procedures for the keeping of statistics about your agency's use of GPS tracking tag launchers
7. Records reflecting the number of investigations in which GPS tracking tag launchers were used, the number of those investigations that resulted in prosecutions, and the number of those investigations that resulted in convictions
8. Records reflecting a list of all criminal cases, with docket numbers if available, in which law enforcement officers or other staff used or arranged for the use of one or more GPS tracking tag launchers as part of the underlying investigations
9. All applications submitted to state or federal courts for warrants, orders, or other other authorization for use of GPS tracking tag launchers, as well as any warrants, orders, authorizations, denials of warrants, denials of orders, denials of authorization, and returns of warrants associated with those applications
10. Records regarding the use of GPS tracking tag launchers in closed investigations
11. Date and docket number of any responsive records that are sealed
12. All associated metadata
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.
With respect to Item Nos. 1 and 4, documents located by staff from the Spokane Police Department are available by accessing your account via the My Request Center on the GovQA portal.
Regarding Item No. 3, you may access Section 314.7.6 under the Vehicle Pursuit Policy in the SPD Policy Manual, located at the following link on the City of Spokane website:
https://static.spokanecity.org/documents/police/accountability/police-policy-manual-2021-06-04.pdf.
Staff from the Spokane Police Department is still in the process of determining what additional responsive records may be located. We anticipate a next installment may be available in approximately 45 days, or on or about September 2. We will follow up with you on or about that date regarding the status of your request. If a next installment becomes available in advance of this estimate, we will let you know. Conversely, if City staff encounters a need to extend our estimate, we will advise accordingly.
Sincerely,
Laurie Farnsworth
Spokane Deputy City Clerk
From: Spokane Police Department
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If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HSVD4CrS9uFW2stupoI-2F3P-2FCR9v4w4dDGSabyWOuZGyK73EIPwhayp6yerTiw-2FMwyAatRlrvnO7ENj4b1rLl3GE-3DG5aH_V4LlpiAAUslIJ3HY02CP6EDeIcFu3B7a4LOUxELrOz44l9xPFKKtbkGuZQBD5ZVIXigMUUxpGS6m-2F4Pg3WnP3oRJWq6t5o98GbvaZMDuUTWLBExsxh-2F6uKW-2FtWFouqWXZDMRCZL5KDFgx5QhB7lMfc44H6RHO4aWn2SRxdnonb-2BHgzfTkLq07li-2FIfTGsuvfOycrVr0-2FIvzhXV3ylcbe0nwGms-2Bm9JqQ7Iy7IeTbFMJ7-2F-2BW0vSSU6ZCBZzbKsB3hWV8d-2BtkyURfxVyMSTkyDbaGHKMMq-2BaLylnMdvLp-2Bjq8fYqdENLAABM0qDWQ90uWTEh4WtbsoE-2F1jy7HRNM6zdUtDp5xQSsgA1kCf8abqHw8r1USaCInuWz5OvPquUDfoBdtSFiuaD5JfuPIZ2c1-2B-2FA-3D-3D)
Good afternoon:
This is a follow up to my July 19 correspondence to you regarding your public records request assigned tracking number C000890-071321.
Due to other workload and staff schedules, some additional time is required for your request. I anticipate an installment may be available in approximately one week, or on or about September 16. If I am able to follow up with you sooner, I will advise accordingly.
Sincerely,
Laurie Farnsworth
Spokane Deputy City Clerk
From: Spokane Police Department
--- Please respond above this line ---
If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal
Good evening:
In follow up to my September 9 correspondence to you regarding your public records request assigned tracking number C000890-071321, this is inform you that a second installment is available by accessing your account via the My Request Center on the GovQA portal. The installment is comprised of records compiled by staff from the Spokane Police Department.
I am still in the process of working with staff to determine what, if any, additional records may be located for your request. Due to other workload and staff schedules, I anticipate following up with you and/or providing a next installment in approximately 35 days, or on or about October 22, 2021. If a next installment becomes available in advance of that date, I will let you know. Likewise, if more time is required, I will advise accordingly.
Sincerely,
Laurie Farnsworth
Spokane Deputy City Clerk
From: Spokane Police Department
--- Please respond above this line ---
If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal
Good afternoon:
This is a follow up to my September 17 correspondence to you regarding your public records request assigned tracking number C000890-071321.
Due to other workload and an absence from the office, some additional time is required for your request. I anticipate following up with you and/or providing a next installment in approximately one week, or on or about November 3. If I am able to follow up with you in advance of that date, I will let you know.
Sincerely,
Laurie Farnsworth
Spokane Deputy City Clerk
From: Spokane Police Department
--- Please respond above this line ---
If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal
Good evening:
This is a follow up to my previous correspondence to you regarding your public records request assigned tracking number C000890-071321.
Due to other workload and staff schedules, some additional time is required for your request. I anticipate following up with you and/or providing a next installment in approximately two weeks, or on or about December 2. If I am able to follow up with you in advance of that date, I will let you know.
Sincerely,
Laurie Farnsworth
Spokane Deputy City Clerk
From: Spokane Police Department
--- Please respond above this line ---
If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal
Good evening:
This is a follow up to my previous correspondence to you regarding your public records request assigned tracking number C000890-071321.
I am still in the process of working with staff to determine what responsive records may be located regarding Item Nos. 7-11 of your request. Due to other workload and staff schedules, I anticipate following up with you and/or providing a next installment in approximately 35 days, or on or about January 4, 2022. If a next installment becomes available in advance of that date, I will advise as such. Likewise, if more time is required, I will let you know.
Sincerely,
Laurie Farnsworth
Spokane Deputy City Clerk
From: Spokane Police Department
--- Please respond above this line ---
If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal
Good afternoon:
This is a follow up to my November 30, 2021, correspondence to you regarding your public records request assigned tracking number C000890-071321.
Item Nos. 7-12 of your request state the following: 7. Records reflecting the number of investigations in which GPS tracking tag launchers were used, the number of those investigations that resulted in prosecutions, and the number of those investigations that resulted in convictions
8. Records reflecting a list of all criminal cases, with docket numbers if available, in which law enforcement officers or other staff used or arranged for the use of one or more GPS tracking tag launchers as part of the underlying investigations
9. All applications submitted to state or federal courts for warrants, orders, or other other authorization for use of GPS tracking tag launchers, as well as any warrants, orders, authorizations, denials of warrants, denials of orders, denials of authorization, and returns of warrants associated with those applications
10. Records regarding the use of GPS tracking tag launchers in closed investigations
11. Date and docket number of any responsive records that are sealed
12. All associated metadata
Regarding Item Nos. 7-11, I am advised by staff that although some responsive information may be contained in individual police reports, the information is not maintained or tracked in a single document and staff is unable to search the Police Department's Law Enforcement Records Management System (LERMS) for this information. Accordingly, no responsive documents were located.
Regarding Item No. 12, I am resending the documents that were made available to you on September 17, 2021, in a PDF document, individually in their native Excel format, so as to make the metadata available to you.
The other documents that have been provided to you under previous installments were provide by staff in PDF format. I am unclear as what metadata for these documents you may be seeking. Please advise if, with the documents resent today and the metadata included with those records, is sufficient to satisfy this portion of your request.
Further, if you feel we have overlooked anything in responding to your request, or, if you have personal knowledge of any responsive records in the City's possession that have not yet been made available to you, please clarify your request by clearly describing what the remaining identifiable public records are, if any that you may still be attempting to seek, and we will be glad to look into your request further.
Please provide any such clarification within 30 days of today's date, or by February 4, 2022. If no clarification is received from you by that date, your request will be considered concluded and closed, and a new request will be required in this matter after February 4.
Sincerely,
Laurie Farnsworth
Spokane Deputy City Clerk
From: Phil Mocek
Dear Ms. Farnsworth:
Thank you for all the work so far.
I am concerned that your response, specific to record type #9--roughly, records of judicial oversight of your staff's use of this location surveillance device--is lacking. Your purported inability to locate such records implies that such surveillance is performed without warrant. Can someone at your agency confirm the occurrence of such warrantless surveillance?
Can you confirm that your agency has no applications submitted to state or federal courts for warrants, orders, or other other authorization for use of GPS tracking tag launchers, nor any any warrants, orders, authorizations, denials of warrants, denials of orders, denials of authorization, or returns of warrants associated with those applications?
If you've provided the metadata that you have available with each record, then you've provided it. I wasn't looking for any in particular; I include that with each PRA request I make because some agencies will otherwise not provide it even when they know they have it.
I am disappointed to learn that staff at your agency use a privacy-invasive device like this, and spend significant public funding on it, without tracking such use in a manner sufficient to determine if the public are getting good value for their money and if the harm to privacy is balanced by improved keeping of the peace by our peace officers.
Cordially,
Phil Mocek
From: Spokane Police Department
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If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal
Good morning:
This is to acknowledge receipt of your message dated January 26, 2022. Your message has been forwarded to the staff in the Spokane Police Department and the City's Legal Department for further review. I anticipate following up with you and/or providing a next installment in approximately 21 days, or on or about February 24. If I am able to follow up with you sooner, I will advise accordingly. Likewise, if further clarification of your request is required, we will let you know.
Sincerely,
Laurie Farnsworth
Spokane Deputy City Clerk
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Washington Public Records Act request, copied below, and originally submitted on July 14, 2021. You had previously indicated that it would be completed on Feb. 4, 2022. 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 #C000890-071321.
Thanks for your help, and let me know if further clarification is needed.
From: Spokane Police Department
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If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal
Good morning:
This is to acknowledge receipt of your message dated February 3 regarding your PRR No. C000890-071321. At this time, I anticipate following up with you on or about the February 24 date previously cited. However, if I am able to follow up sooner, I will advise accordingly.
Sincerely,
Laurie Farnsworth
Spokane Deputy City Clerk
From: Spokane Police Department
--- Please respond above this line ---
If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal
Good afternoon:
This is a follow up to my February 17 correspondence to you, and to advise that I anticipate following up with you further regarding your PRR No. C000890-071321 by the end of this week, or on or about March 4.
Sincerely,
Laurie Farnsworth
Spokane Deputy City Clerk
From: Spokane Police Department
--- Please respond above this line ---
If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal
Good afternoon:
This is a follow up to my March 1 correspondence to you regarding your message dated January 26, 20222 pertaining to PRR No. C000890-071321, which was forwarded to staff in the Spokane Police Department.
Subsequent to further follow up with the SPD, I am again advised that the use of GPS tracking devices is captured within the specific case reports for the incident where the device was used. To our knowledge, this information is not tracked in a separate, single document. Further, I am advised that staff are unable to perform "keyword" searches in the SPD's Law Enforcement Records Management System (LERMS). Lastly, I am advised that the Spokane Police Department does not retain “denied” warrants, as the document is not an official court document until signed by a judge and actually executed. SPD staff advised that the courts may have records that could be helpful in identifying what cases have search warrants involved as every “served” warrant must be filed with the court. Thus, no additional responsive records were located.
You may wish to make a separate public records request of the courts to determine what, if any, responsive records may be located for this portion of your request.
If you are seeking records from the Spokane Municipal Court, the Spokane Municipal Court has adopted its own requirements to effectively process records requests. If you are seeking records please submit your request(s) to the Spokane Municipal Court under the provisions of GR 31 or GR 31.1,. The forms are available on the Spokane Municipal Court’s webpage at the following link: https://my.spokanecity.org/courts/municipal-court/record-requests/.
If you are seeking records from the Spokane County District or Superior Courts, you will need to made a separate request of Spokane County. The contact information for making a request of the County is as follows:
Tony Dinaro, Public Records Officer
Spokane County
1116 W. Broadway Avenue
Spokane, WA 99260
(509) 477-2287 spocoprr@spokanecounty.org (spocoprr@spokanecounty.org)
In addition, information on how to submit a public records request to Spokane County can be located at the following link on the Spokane County website: http://www.spokanecounty.org/2254/Public-Record-Requests
We are considering our response to your request to be concluded and closed, unless you determine we can be of further assistance. If this is the case, please advise.
Sincerely,
Laurie Farnsworth
Spokane Deputy City Clerk
From: Spokane Police Department
If you wish to submit a response, update an existing request, check the status of an already submitted request, or submit a new public records request, please do so by replying to this notification or go through your “My Request Center” account on the City’s public records request portal
Dear Phil Mocek:
Thank you for submitting your public records request through The Spokane Public Records Center. We would like to invite you to take a short survey on your experience.
Please click the following link if you would like to participate.
Customer Satisfaction Survey (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HSVD4CrS9uFW2stupoI-2F3P-2FCR9v4w4dDGSabyWOuZGyKOxaNTcvv-2F4ALTGWf3-2FBgaDnMu6wKPaejYq7JYvoIRLTlmkBJCePYQLwVe8lnbAMGeu5-2FCO8uXSHmyZeIAg-2BObjJbedS4xb6nsPWMUa6LcI0aGfinIfD-2B-2BX5N3iSNcfMI1Xl0XaLvWTB5TO6TlLC7zg-3D-3D2fjD_V4LlpiAAUslIJ3HY02CP6EDeIcFu3B7a4LOUxELrOz44l9xPFKKtbkGuZQBD5ZVIXigMUUxpGS6m-2F4Pg3WnP3qODCta9jSonNzum9xGU8ayaGthmDc-2Brl-2FhSbBXEeZ1VdwphshFvhWmMXsVU3g6zXZ05yf9OViDl7kTlZv0Y4KFuDapkoOTYT7uirZNeP-2BHU5qQRxdEnWPRKumK1S2RuvgiUIcwE4lETEdcN0GzghHmjJd-2BJjxADh-2FJbkG8OyZ-2BXHsmvnEsQ15SKVz-2BBWgGWCydKZJdlJu3uihYz5EboJ0QfKWoQ-2BW3peh2IPbWzPpnKN-2FShgGXuA1mLSO63x5xfbFRtgqIM8hI0V8ygPK2z9TmSE0Up-2BQvm4wFuNFtK59Rbagsh-2BP5rUZrqyNi9bgWb6A-3D-3D)
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